Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 13, 1969 and adjourned Wednesday, March 26, 1969, volume II

Compiler's Note
The Journal of the House of Representatives regular and extraordinary session of 1969 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 1969 through March 11, 1969. Volume II contains March 12, 1969 through March 26, 1969 and the extraordinary session June 12 and 13,1969, the committee reports, and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1969 and adjourned Wednesday, March 26, 1969
and Extraordinary Session commenced on June 12, 1969 and adjourned June 13, 1969.
1969 ATLANTA, GA.

OFFICERS
OP THE
HOUSE OF REPRESENTATIVES
1969-1970
GEO. L. SMITH IL__..____._._....__.........__.._._..__...___ Speaker
43rd DISTRICT, EMANUEL COUNTY
MADDOX J. HALE._..._.-_....__--_.__.._..._....._,,__Speaker Pro Tern 1st DISTRICT, DADE COUNTY
GLENN W. ELLARD.--__----_--.__---.__._____.__Clerk
HABERSHAM COUNTY
JACK GREEN-.-.-.---.-----------.-.----Assistant Clerk
RABUN COUNTY
JANETTE HIRSCH___-------_-------_____.--Assistant Clerk
PULTON COUNTY
AMELIA SMITH_______--_.--._......___------Assistant Clerk
PULTON COUNTY
ELMORE C. THRASH._......._.._._....__..___....._._._..,,._.... Messenger
LOWNDES COUNTY
MARION TOMS ___----_.__._...-.__...._________Doorkeeper
QUITMAN COUNTY

WEDNESDAY, MARCH 12, 1969

1729

Representative Hall, Atlanta, Georgia Wednesday, March 12, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Charles McGowan, Pastor, Chapel Woods Pres byterian Church, Decatur, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:

Your Committee on Rules submits the following as the calendar for today's business, March 12, 1969:

HB

16. Consumer and Credit Transactions--PP.

HB 107. Adoption Laws, Sale of Child.

1730

JOURNAL OF THE HOUSE,

HB 173. Teachers, Aged and Incapacitated, Retirement. HB 194. Teachers, Placed Back for Full Retirement Benefits. HB 195. Teachers, Public and Private Schools, Eligible for Retirement. HB 248. Chief Radio Operators, License Examiners. HB 279. Water Resources, Protection. HB 362. Uniform Commercial Code, Protection of Buyers. HB 366. Public Service Commission, Duties. HR 139-399. Old Governor's Mansion, Disposal. HB 453. Insurance Premium Financing, Regulations. HB 461. Driver Training School, Instructor. HB 507. Georgia Equine Act. HB 524. Georgia Meat Inspection Act--PP. HB 529. Certain Counties, One Governing Authority. HB 539. Attorney General, Duties. HR 226-630. Henry Grady Hotel Property, Lease. HR 231-656. Classify Property, Taxation Purposes. HR 234-682. Convey Property, Baldwin County. HB 697. Hatchery Operators, Method of Registration. HB 722. Criminal Code, Clarifications--PP. HB 785. Program of Education, School Lunch. HR 258-785. Chattahoochee Judicial Circuit Study Committee. HB 787. Alcoholic Beverage Licenses, Location of Businesses. HB 804. Alcoholic Beverages, Licenses. HR 266-809. Property Control Commission, Sell Surplus Property.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of 61st District,
Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

WEDNESDAY, MARCH 12, 1969

1731

HB 881. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the Solicitor General (now District Attorney) of Toombs Judicial Circuit, so as to provide for an expense allowance for said District Attorney; and for other purposes.
Referred to the Committee on Local Affairs.

HB 882. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.
Referred to the Committee on Local Affairs.

HB 883. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to change the number of the members of the Telfair County Board of Education from 5 to 7; and for other purposes.
Referred to the Committee on Local Affairs.

HB 884. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.
Referred to the Committee on Local Affairs.

HB 890. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist certain county officers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 891. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

1732

JOURNAL OF THE HOUSE,

HB 892. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain per sonnel to assist the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 893. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the office of county treasurer in all counties in this State having a population of not less than 19,550 and not more than 19,700; and for other purposes.
Referred to the Committee on Local Affairs.

HB 894. By Messrs. Miles, Maxwell, and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to create the Augusta-Richmond County Transportation Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 895. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act fixing the salaries of special bailiffs to the superior court judge or judges of certain counties, so as to change the compensation of the superior court judges' bailiffs in such counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 896. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as distinguished from domestic relations and civil matters of the Superior Court in coun ties having a population of not less than 135,000, and not more than 140,000 inhabitants so as to change the compensation of said officials and provide for longevity pay; and for other purposes.
Referred to the Committee on Local Affairs.

HB 897. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act authorizing certain coun-

WEDNESDAY, MARCH 12, 1969

1733

ties in this State to establish and maintain a law library for the use of judges, solicitors and other officials of the courts of said counties, so as to fix the compensation of the official operating such library; and for other purposes.
Referred to the Committee on Local Affairs.

HB 898. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabi tants, so as to provide for three permanent Court Reporters; and for other purposes.
Referred to the Committee on Local Affairs.
HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to reineorporate the City of Cave Spring in the County of Floyd; to create a new Charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A Bill to be entitled an Act to provide for an associate judge of the city court in all counties of this State having a population of not less than 135,000 nor more than 140,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the City Court of Albany, so as to reduce the number of judges pro hac vice; to change the compensation of the judges pro hac vice; and for other purposes.
Referred to the Committee on Local Affairs.

HB 902. By Messrs. Rainey of the 47th, Sorrells of the 24th, Dorminy of the 48th, Adams of the 100th, Bostick of the 63rd, Dickinson of the 118th and Rush of the 51st:
A Bill to be entitled an Act to authorize and direct the Public Service Commission to provide by rule or regulation that the telephone num ber "911" shall be used for an emergency number by which the people

1734

JOURNAL OF THE HOUSE,

of Georgia, in emergency situations, can be connected with law enforce ment officials, fire departments, or emergency medical assistance; and for other purposes.
Referred to the Committee on State of Republic.

HB 903. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to provide for the membership of the Cordele Office Building Authority which was created by a constitu tional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chairman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 904. By Mr. Connell of the 79th: A Bill to be entitled an Act to provide for a Certifying Officer for Indigent Care Patients in each county; and for other purposes.
Referred to the Committee on Welfare.

HR 307-904. By Messrs. Chandler and Harrington of the 34th: A Resolution authorizing the conveyance of a certain tract of land located in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 905, By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A Bill to be entitled an Act to create a State Building Administrative Board; to authorize the Board to adopt Standard Minimum Codes; to provide for local enforcement and administration of such codes; to pro vide for permissive adoption of such codes by municipalities and coun ties; and for other purposes.
Referred to the Committee on Industry.

HR 308-905. By Mr. Odom of the 61st:
A Resolution proposing an amendment to the Constitution of Georgia, so as to provide that the State Board of Education may establish, merge, and consolidate school districts, upon approval of the General Assem bly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.

HR 310-905. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st: A Resolution authorizing the conveyance of land by Dougherty County; and for other purposes.
Referred to the Committee on State Institutions & Property.

WEDNESDAY, MARCH 12, 1969

1735

HB 906. By Messrs, Williams, Wood and Cooper of the llth:
A Bill to be entitled an Act to amend an Act creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.
Referred to the Committee on Rules.

HB 907. By Messrs. Blalock, Potts and Ware of the 30th:
A Bill to be entitled an Act to amend Code Chapter 24-8, relating to constables, so as to provide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 909. By Messrs. Johnson of the 29th, Harris of the 10th, Cole of the 3rd and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and providing for a new Criminal Code, so as to provide that a person who deliberately mutilates, defaces, or defiles the Confederate Flag, or any State Flag, or who uses such Flag for commercial advertising purposes, is guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Defense and. Veterans Affairs.

HB 910. By Messrs. Johnson of the 29th, Harris of the 10th, Cole of the 3rd and Anderson of the 49th:
A Bill to be entitled an Act to prohibit the use of any marking or special license tag or license tag attachment which purports to identify the motor vehicle as being owned by a "State Officer" or officer of State Government, unless the said special license tags or attachment is used on a motor vehicle owned by the State of Georgia; and for other purposes.
Referred to the Committee on Motor Vehicles.

1736

JOURNAL OP THE HOUSE,

HB 911. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.
Referred to the Committee on Local Affairs.

HB 912, By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to fix the compensation of certain elected officials in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 916. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Emerson, in Bartow County, so as to change the corporate limits of the City of Emerson; and for other purposes.
Referred to the Committee on Local Affairs.

HB 917. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.
Referred to the Committee on State of Republic.

HB 918. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.
Referred to the Committee on Local Affairs.

HB 919. By Mr. Moate of the 28th:
A Bill to be entitled an Act to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the U. S. Decennial Census of 1960; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, MARCH 12, 1969

1737

HB 920. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 935. By Mr. Nessmith of the 14th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render same from any infectious or contagious disease, so as to provide that all food service establishments, whether public or private shall submit certain reports to the Commissioner of Agricul ture; and for other purposes.
Referred to the Committee on Agriculture.

HB 942. By Mr. Jones of the 84th: A Bill to be entitled an Act to amend an Act providing for reversion of title to real property conveyed to secure debt after the expiration of a certain period of time, so as to prescribe a statute of limitations in which certain deeds to secure debt may be enforced either by fore closure under power, or in equity, or at law; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 854. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 119), so as to provide that it shall not be neces sary to obtain the signatures of the owners of any public street, road or highway right-of-way; and for other purposes.
HB 855. By Mr. Lewis of the 37th: A Bill to be entitled an Act to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other pur poses.
HB 856. By Mr. Clarke of the 33rd: A Bill to be entitled an Act to amend an Act creating a board of commissioners of Monroe County, so as to change the compensation of the commissioner; and for other purposes.

1738

JOURNAL OF THE HOUSE,

HB 857. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Burke (now the Board of Commissioners), so as to change the compensation of said Board of Commissioners; and for other purposes.

HB 858. By Mr. Jones of the 84th:
A Bill to be entitled an Act to amend an Act providing that prescrip tion shall not run against the owner or holder of certain instruments in favor of a person who has actual or constructive notice of any such instrument, so as to provide that prescription shall run against the holder of certain instruments after the maturity or 10 years after the date of a demand note, unless a renewal is filed; and for other purposes.

HB 859. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.

HB 860. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Harris County on a salary system in lieu of a fee system, so as to provide that the number of deputies shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; and for other purposes.

HB 861. By Messrs. Roach and Harris of the 10th, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act providing for one addi tional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.

HB 867. By Messrs. Cooper of the llth and Wheeler of the 18th:
A Bill to be entitled an Act to provide for the organization, jurisdic tion, venue, practice and procedure of certain courts which are below the Superior Court level; and for other purposes.

HB 868. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the sheriff of Seminole County, so as to change the com pensation of said sheriff; and for other purposes.

WEDNESDAY, MARCH 12, 1969

1739

HB 869. By Messrs. Adams of the 100th, Lane of the 101st, Brantley of the 114th, Ross of the 26th, DeLong of the 80th, Dent of the 79th, Johnson of the 29th, Sims of the 106th and others:
A Bill to be entitled an Act to amend Code Section 92-3107 relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.

HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act creating and incorporat ing the City of Mountain View; and for other purposes.

HB 871. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserv ing the health, safety, welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority for this Act; and for other purposes.

HB 872. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Wayne County on an annual salary, so as to change the annual salaries of the sheriff and the clerk of the superior court of Wayne County; and for other purposes.

HR 300-872. By Messrs. Davis of the 86th, Morris of the 73rd and Chandler of the 34th:
A Resolution prohibiting the expenditure of State funds for guard duty, utilities and maintenance of the old Governor's Mansion in Ansley Park, Atlanta, Georgia, after a certain date; and for other purposes.

HB 873. By Mr. Simmons of the 4th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Act incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, so as to change the corporate limits of said City; and for other purposes.

HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fur ther define the duties of the Reporter or Stenographic Reporter for

1740

JOURNAL OF THE HOUSE,

the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes.", so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; and for other purposes.

HB 875. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to create a new board of education of Butts County; and for other purposes.

HB 876. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act incorporating the City of Waynesboro, so as to provide that councilmen (or aldermen) of the City of Waynesboro shall each be elected at large by the voters of the City of Waynesboro without regard to wards; and for other purposes.

HB 878. By Messrs. Kreeger, Wilson, Housley, McDaniell, Henderson and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court shall be a court of record except in certain cases; and for other purposes.

HB 879. By Messrs. Kreeger, Wilson, McDaniell, Henderson and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to extend the jurisdiction of said court to certain cases involving injuries to the person; and for other purposes.

HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham, Davis, Floyd and Westlake of the 75th, Harris, Farrar and Thomason of the 77th, Dean of the 76th, and Morris of the 73rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.

HB 885. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.

WEDNESDAY, MARCH 12, 1969

1741

HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.

HB 887. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to provide for a Board of Adjustment for the Employees of the State of Georgia; to provide for all matters rela tive to the foregoing; and for other purposes.

HB 888. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to provide for a Board of Inquiry for the Employees of the State of Georgia; to provide for all matters relative to the foregoing; and for other purposes.

HB 889. By Messrs. Longino of the 98th, Horton, Cook and Hawes of the 95th, and Lane of the 101st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Pairburn, so as to provide for the election of councilmen by council seat positions; to establish the hours that polls shall be open so as to conform to the State Laws and for other purposes.

HR 303-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution requesting the Commissioner of Labor of the State of Georgia to promulgate specific rules covering safety standards for industrial workers who are exposed to formaldehyde fumes and vapors; and for other purposes.
HR 304-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution to ratify, approve, and conform the Executive Order of the Governor, dated March 11, 1968, suspending the collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
HR 305-889. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax

1742

JOURNAL OF THE HOUSE,

Act upon the sale of tangible personal property to certain general nonprofit hospitals until the next meeting of the General Assembly; and for other purposes.

HR 306-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Con sumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.

SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers; and for other purposes.

SR 80. By Senators Smith of the 34th, Kidd of the 25th, Bateman of the 27th and others:
A Resolution requesting the Governor to make the necessary funds available for the placing of a Medal of Honor Monument in the Medal of Honor Grove of Freedom's Foundation; and for other purposes.

SR 76. By Senator Stephens of the 36th:
A Resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.

Mr. Rainey of the 47th, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 838. Do Pass as Amended.
Respectfully submitted, Rainey of the 47th, Chairman.

WEDNESDAY, MARCH 12, 1969

1743

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 866. Do Pass.
HB 815. Do Pass as Amended.
HB 137. Do Pass by Substitute. Respectfully submitted,
Harris of the 77th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 558. Do Pass. HB 733. Do Pass. HB 850. Do Pass by Substitute. HB 855. Do Pass. HB 856. Do Pass. HB 857. Do Pass. HB 859. Do Pass. HB 868. Do Pass. HB 870. Do Pass. HB 871. Do Pass. HB 873. Do Pass. HB 874. Do Pass. HB 876. Do Pass. HB 878. Do Pass. HB 879. Do Pass. HB 880. Do Pass.

1744

JOURNAL OP THE HOUSE,

SB 53. Do Pass. SB 77. Do Pass. SB 78. Do Pass. SB 80. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Dorminy of the 48th, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 551. Do Pass by Substitute. HR 286. Do Pass.
Respectfully submitted, Dorminy of the 48th, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations:
HB 797. Do Pass by Substitute. HR 300-872. Do Pass. HR 272-825. Do Pass. HR 270-825. Do Pass. HR 228-644. Do Pass. HR 255-756. Do Pass As Amended. HR 188-490. Do Pass by Substitute.
Respectfully submitted, Chandler of the 34th, Chairman.

WEDNESDAY, MARCH 12, 1969

1745

Mr. McCracken of the 36th, Chairman of the Committee on State of Re public, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 116. Do Pass.
HB 647. Do Pass as Amended.
Respectfully submitted,
McCracken of the 36th,
Chairman.

Mr. Matthews of the 16th, Chairman of the Committee on University Sys tem of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 245. Do Pass. HB 570. Do Pass.
Respectfully submitted, Matthews of the 16th, Chairman.

Mr. Harrington of the 34th, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 96. Do Pass. SB 149. Do Pass by Substitute. HR 288. Do Pass.
Respectfully submitted, Harrington of the 34th, Chairman.

1746

JOURNAL OP THE HOUSE,

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 846. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act creating a board of county commissioners for Johnson County, as amended, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said board of county commissioners; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a board of county commissioners for Johnson County, approved March 27, 1941 (Ga. Laws 1941, p. 887), as amended, particularly by an Act approved February 8, 1951 (Ga. Laws 1951, p. 2317), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2911), and an Act approved April 5, 1965 (Ga. Laws 1965, p. 3236), so as to change the method of filling vacancies; to pro vide for an expense allowance for the chairman and each of the other members of said board of county commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a board of county commissioners for Johnson County, approved March 27, 1941 (Ga. Laws 1941, p. 887), as amended, particularly by an Act approved February 8, 1951 (Ga. Laws 1951, p. 2317), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2911), and an Act approved April 5, 1965 (Ga. Laws 1965, p. 3236), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9, to read as follows:
"Section 9. Vacancies occurring on the board for any reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term."
Section 2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11, to read as follows:
"Section 11. The chairman of said board shall receive an an nual salary of eighteen hundred ($1,800) dollars and the other members of said board shall each receive an annual salary of fif teen hundred ($1,500) dollars. In addition to their salaries, the chairman shall receive an expense allowance of one hundred ($100) dollars per month and each of the other members of the board shall receive an expense allowance of seventy-five ($75) dollars

WEDNESDAY, MARCH 12, 1969

1747

per month. Such salaries and expense allowances shall be paid monthly out of the general funds of the county. Shall it be neces sary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their actual expenses shall also be paid out of the general funds of the county."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 850. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Dean of the 76th, Davis, Floyd, Westlake and Higginbotham of the 75th, Jordan and Vaughn of the 74th, Parrar, Thomason, Levitas and Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of DeKalb County, so as to change the method of filling vacancies on the Board of Commissioners; and for other pur poses.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3461), so as to change the method of filling vacan cies on the Board of Commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a Board of Commissioners of DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3461), is hereby amended by striking in its entirety Section 5 and substitut ing in lieu thereof a new Section 5 to read as follows:

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JOURNAL OF THE HOUSE,

"Section 5. Vacancies occurring on the Board shall be filled as follows:

(a) In the event a vacancy shall occur on the Board, including the office of chairman, when at least 180 days remain in the unexpired term of office in which the vacancy occurs, it shall be the duty of the ordinary of DeKalb County, within 15 days after the vacancy occurs, to issue the call for a special election for the pur pose of filling such vacancy. Such special election shall be held within 45 days after the issuance of the call and shall be con ducted in accordance with the provisions of the Georgia Election Code. The person elected to fill such vacancy shall serve out the unexpired term of office. If the vacancy occurs in the office of chairman, the vice-chairman shall exercise all of the powers, duties and responsibilities of the chairman until a new chairman shall
be elected and qualified.

(b) In the event a vacancy occurs on the Board, when there is less than 180 days remaining in the term of office in which the vacancy occurs, the remaining members of the Board shall elect a successor to fill said vacancy and serve out the remaining un expired term. The person so elected must possess the residency qualifications of his predecessor in office. In the event such a vacancy occurs in the office of chairman, the vice-chairman shall exercise the powers, duties and responsibilities of the chairman until a new chairman shall be elected in the general election and such chairman shall assume office.

(c) Nothing contained within subsection (b) shall be con strued in such a manner as to vest in the successor, who shall assume a position on the Board created by a vacancy in the office of chairman, any of the powers, duties and responsibility of the chairman. The member of the Board filling such a vacancy shall be known as the 'commissioner-at-large' and he shall serve in the capacity of a district commissioner and not as chairman."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 190. By Messrs. Harris of the 77th, Jordan of the 74th and Morris of the 73rd:
A Bill to be entitled an Act to provide that the salary of the District

WEDNESDAY, MARCH 12, 1969

1749

Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other pur poses.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that the governing authorities of the counties comprising the Stone Mountain Judicial Circuit may pro vide a supplementary salary, provide additional personnel, and to pay any expenses connected with the operation of the office of the District Attorney within each county as may be necessary to ensure orderly and efficient operation of that office.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Effective July 1, 1969, governing authorities of any county or com bination of counties comprising the Stone Mountain Judicial Circuit may provide a supplementary salary for the District Attorney of that circuit and may provide additional personnel to assist him as may be necessary to ensure the orderly and efficient operation of the office of the District Attorney, and may provide all necessary offices, utilities, telephone expenses, materials, supplies, and travel expenses as may be necessary to equip, maintain and furnish the office of the District At torney of each county's Superior Court.
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 558. By Messrs. Westlake, Floyd, Davis and Higginbotham of the 75th, Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Jordan of the 74th and Dean of the 76th: A Bill to be entitled an Act to amend an Act establishing in DeKalb

1750

JOURNAL OF THE HOUSE,
County districts from which the members of the County Board of Edu cation shall be elected and providing for the terms and methods of electing such members, approved April 12, 1963, as amended, so as to change the terms of office of the members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 733. By Messrs. Kreeger, Burruss, Atherton, Wilson, Housley and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the Fee System to the Salary System, approved February 9, 1949, as amended, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 798. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to provide that in certain counties, any county official officer or employee, who deposits county funds with any bank or trust company shall only deposit said funds in an account which is the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official use only; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 12, 1969

1751

On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 840. By Mr. Johnson of the 29th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Warren County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 843. By Mr. Jordan of the 55th: A Bill to be entitled an Act to amend an Act abollishing the fee system of compensating the clerk of the superior court, the sheriff, the ordi nary and the tax commissioner of Coffee County and placing said offi cers on an annual salary, approved February 26, 1965, so as to fix the compensation of said officers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 845. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide for the manner of appointment of members to the Board of Wayne County Hospital Authoriyt; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1752

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 53. By Senators Ward of the 39th, Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to be entitled an Act to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 77. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the Criminal Court of Atlanta" approved September 6, 1891, as amended by an Act approved February 23, 1935, as amended, so as to fix the salaries of the assistant solicitors general of said Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 78. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County

WEDNESDAY, MARCH 12, 1969

1753

or any incorporated municipality located in whole or in part within Fulton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 80. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act approved February 15, 1933, providing for pensions for members of police departments of cities of more than 150,000 in population, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

The Senate has passed by the requisite constitutional majority the follow ing Bills of the House, to-wit:

1754

JOURNAL OF THE HOUSE,

HE 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, and others:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of The Board of Education of Fulton County, so as to clarify the word ing of the formula provided in the amendment approved March 4, 1966 for computing a refund of a portion of the employees' contributions in certain cases; and for other purposes.

HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th, Longino of the 98th, Lane of the 101st, Marcus of the 105th and others:
A Bill to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, etc. shall be paid directly to the county treasurer or the officer or institu tion performing the duties of the county treasurer; and for other purposes.

HB 251. By Mr. Bostick of the 63rd:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Tift County, so as to change the salary of the Chair man and Vice-Chairman; and for other purposes.

HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th and Longino of the 98th:
A Bill to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.

HB 328. By Mr. Joiner of the 35th:
A Bill to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.

HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A Bill to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under the name and style; to provide for a repeal of all laws that are in conflict with the Charter and the several Acts amendatory to the Charter; and for other purposes.

HB 515. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Cook of the 95th, Lee and Gary of the 21st:
A Bill to amend an Act establishing a new charter for the City of

WEDNESDAY, MARCH 12, 1969

1755

College Park, so as to set the procedure for naming Judge pro tern of the City Court; and for other purposes.

HB 546. By Messrs. Lane of the 101st, Horton, Felton and Gates of the 95th, Longino of the 98th, Gary, Lee and Northcutt of the 21st:
A Bill to amend an Act establishing a new charter for the City of Col lege Park, so as to provide that all zoning and planning laws shall be governed by the general laws of the State; and for other purposes.

HB 586. By Messrs. Matthews and Fallin of the 63rd:
A Bill to amend an Act establishing the Colquitt County Airport Authority, so as to change the name of said Authority; and for other purposes.

HB 592. By Mr. Moate of the 28th:
A Bill to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.

HB 604. By Messrs. Bostick and Fallin of the 63rd:
A Bill to amend an Act creating a new Charter for the City of Tifton, so as to change the salary of the city manager; and for other pur poses.

HB 618. By Messrs. Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A Bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.

HB 619. By Messrs. Bennett, Reaves, and Barfield of the 71st:
A Bill to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, so as to alter the corporate limits; and for other purposes.

HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates, Horton, Hawes, Cook and Felton of the 95th, Ezzard of the 102nd and others:
A Bill to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of the members of the said Civil Service Board; and for other purposes.

1756

JOURNAL OF THE HOUSE,

HB 635. By Mr. Floyd of the 7th:
A Bill to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.

HB 636. By Mr. Floyd of the 7th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum compensation authorized for the clerk of the commissioner and the warden of the county public works camp; and for other purposes.

HB 637. By Mr. Floyd of the 7th:
A Bill to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chattooga County to the Civil and Criminal Court of Chattooga County; and for other pur poses.

HB 638. By Mr. Floyd of the 7th:
A Bill to amend an Act placing the clerk of the superior court of Chattooga County on a salary basis, so as to change the maximum amount which may be paid the deputy clerk; and for other purposes.

HB 639. By Mr. Floyd of the 7th:
A Bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.

HB 640. By Mr. Ross of the 26th:
A Bill to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincoln County, so as to provide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.

HB 657. By Messrs. Fallin, Matthews and Bostick of the 63rd:
A Bill to create a new board of education of Colquitt County; to pro vide for a chairman and other members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.

WEDNESDAY, MARCH 12, 1969

1757

:HB 675. By Mr. Brantley of the 52nd:
A Bill to amend an Act creating a board of commissioners of Candler County, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.

HB 676. By Mr. Brantley of the 52nd:
A Bill to amend an Act providing a supplemental salary for the ordi nary of Candler County, so as to increase the supplemental salary of the ordinary; and for other purposes.

HB 678. By Messrs. Chandler and Harrington of the 34th:
A Bill to amend an Act entitled "An Act to create a Board of Com missioners of Roads and Revenues of Wilkinson County . . .", so as to provide for the election of County Commissioners for a term of 4 years; and for other purposes.

HB 679. By Messrs. Edwards and Black of the 45th:
A Bill to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 ac cording to the 1960 Federal Decennial Census or any future such census; and for other purposes.

HB 700. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to authorize and effectuate the establishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bill of the House, to-wit:

HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Felton, Hawes, and Gates of the 95th, and others:
A Bill to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have cer tain additional members in certain municipalities; and for other pur poses.

The Senate has passed, as amended, by the requsite constitutional majority the following Bills of the House, to-wit:

1758

JOURNAL OF THE HOUSE,

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others:
A Bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.

HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A Bill to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said City; and for other purposes.

The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit:

SB 14. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A Bill to amend Title 46 of the Code of Georgia, relating to Garnish ment, as amended, so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; to repeal con flicting laws; and for other purposes.

SB 38. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th. and others:
A Bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, approved Sept. 6, 1891," as amended, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.

SB 39. By Senator Johnson of the 38th:
A Bill to amend "An Act to provide for the retirement of the judges and solicitor general of the Criminal Court, Civil Court, and Juvenile Court of Fulton County, etc." providing for minor children to be eligible for widow's pension, where there is no widow; and for other purposes.

SB 44. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to amend an Act creating the Civil Court of Fulton County, so as to change the compensation of the judges thereof; and for other purposes.

WEDNESDAY, MARCH 12, 1969

1759

SB 61. By Senator Holley of the 22nd:
A Bill to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, etc., to provide for the continuation of said previous inclusion, etc.; to provide for an effective date; to repeal conflicting laws; and for other pur poses.

SB 236. By Senator London of the 50th:
A Bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; to provide for a referendum; to repeal conflicting laws; and for other purposes.

SB 237. By Senators Reeder of the 55th, Miller of the 43rd, and Tysinger of the 41st:
A Bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, approved April 12, 1963, as amended, so as to change the terms of office of the members of the Board of Education; and for other pur poses.

SB 239. By Senator Zipperer of the 3rd:
A Bill to amend an Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the quali fied voters of said county so as to change the compensation for the commissioners; and for other purposes.

SB 240. By Senator Zipperer of the 3rd:
A Bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, ap proved Mar. 10, 1959, as amended, so as to change the compensation of the deputy sheriffs; to provide an effective date; and for other purposes.

SB 241. By Senator Zipperer of the 3rd:
A Bill to amend an Act creating a new charter for the Town of Guyton, approved Mar. 10, 1933, as amended, so as to change the corporate limits of said Town; to provide for a referendum; and for other pur poses.

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JOURNAL OF THE HOUSE,

SB 244. By Senator Reynolds of the 48th:
A Bill to amend an Act creating a new charter and municipal govern ment, for the City of Buford, approved Dec. 24, 1937, as amended, so as to provide for electing the city commissioners by a majority vote; to provide an effective date; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 14. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A Bill to be entitled an Act to amend Title 46 of the Code of Georgia, relating to Garnishment, so as to exempt wages, salaries and commis sions of any person residing in this State from garnishment; and for other purposes.
Referred to the Committee on Judiciary.

SB 38. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the Criminal Court of Atlanta . . .", so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 39. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act to provide for the retire ment of the judges and solicitor general of the Criminal Court, Civil Court, and Juvenile Court of Fulton County, providing for minor chil dren to be eligible for widow's pension, when there is no widow; and for other purposes.
Referred to the Committee on Local Affairs.

SB 44. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act creating the Civil Court of Fulton County, so as to change the compensation of the judges thereof; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, MARCH 12, 1969

1761

SB 61. By Senator Holley of the 22nd:
A Bill to be entitled an Act to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, etc., to provide for the continuance of said previous inclusion, etc.; and for other purposes.
Referred to the Committee on Local Affairs.

SB 236. By Senator London of the 50th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 237. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Edu cation shall be elected and providing for the terms and method of elect ing such members, so as to change the terms of office of the members of the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

SB 239. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act to create a board of com missioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county so as to change the com pensation for the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

SB 240. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, so as to change the compensation of the deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.

SB 241. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the corporate limits of said Town; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

SB 244. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Buford, so as to provide for electing the city commissioners by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Hale of the 1st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

KB 641. By Messrs. Egan of the 116th, Atherton of the 117th, Dodson of the 82nd, Snow of the 1st, Miller of the 83rd, Jones of the 59th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties to levy a local retail sales tax; to authorize municipalities to levy such tax under certain circumstances; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Bostick
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Games Gates
Chandler Clarke Cole
Connell

Conner Cook Cooper Daugherty Davis, E, T. DeLong Dodson Egan Ellis Evans Ezzard Farrar Felton
Floyd, L. R. Gary Geisinger Gignilliat Grahl Hale Hargrett Harrington Harris, J. R.
Harris, R. W. Hawes Henderson
Hill, B. L.

Hood Horton Housley Joiner Jones, C. M. Jones, M. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McClatchey
McCracken McDaniell Melton
Miller

Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson

WEDNESDAY, MARCH 12, 1969

1763

Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts Reaves Ross Russell Scarborough Shanahan Shepherd Sherman

Simkins Sims Smith, V. T. Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Ware Wilson Winkles

Those voting in the negative were Messrs.

Anderson Ballard Black Bo wen Brooks Busbee Caldwell Cato Collier Collins, M.
Colwell Conger Crowe Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Fallin Farmer

Floyd, J. H. Funk Gaynor Graves Gunter Hadaway Harris, J. F. Harrison Higginbotham Hill, G. Holder Hudson Hutchinson Johnson Jones, Herb Jordan, G. Knowles Lambert
Lee, W. S. Leonard Longino Mauldin

Merritt Miles Milford Moate Moore Odom Patterson Rainey Roach Rowland Salem Smith, J. R. Sorrells Sweat Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wood

Those not voting were Messrs.:

Collins, S. Dailey Davis, W. Dean, J. E. Hamilton Howell

Jordan, H. S. Nash Phillips, W. R. Poole Rush Scarlett

Simmons Snow Wamble Mr. Speaker

On the motion to reconsider, the ayes were 113, nays 66.

The motion prevailed and HB 641 was reconsidered.

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JOURNAL OP THE HOUSE,

Mr. Dailey of the 53rd stated that he had been called from the floor of the House when the roll was called on the motion to reconsider HB 641, but had he been present would have voted "aye".

Mr. Jordan of the 74th stated that due to mechanical failure his vote did not record, but he wished to be recorded as voting "aye" on the motion to reconsider HB 641.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

The following Senate amendments were read:

Senator Plunkett of the 30th moves to amend HB 162 as follows:
by striking Paragraph 7 of Section 5 in its entirety and inserting in lieu thereof a new paragraph 7 to read as follows:
"Paragraph 7. Any gain on 337 shall be recognized and added back but to the extent that a corporation incurs a Georgia income tax liability by reason of gains realized in a sale or sales which qualify as being exempt from federal income taxation under sec tion 337 of the Internal Revenue Code, such Georgia income tax liability so attributable to such gains shall be allowed as a credit against the Georgia income tax liability of each common stock holder of such corporation in an amount which bears the same ratio to such Georgia income tax liability as the liquidation distri bution received or receivable by such common stockholder bears to the liquidation distribution received or receivable by all common stockholders. Such credit shall be allowable only in the taxable year or years of each stockholder in which such liquidation distribu tion is received and shall be limited to the amount of Georgia in come tax liability, if any, of such stockholder for such year or years as computed before application of the credit provided by this section and before any credits for withholding or estimated tax payments."

Senator Gillis of the 20th moves to amend HB 162 as follows:

WEDNESDAY, MARCH 12, 1969

1765

by adding to Section 4 designated as Code Section 92-3106 (1) the following sentence:

"For single individuals with taxable income of over $6300.00 an additional credit of $12.00."

Mr. Jones of the 59th moved that the House disagree to the Senate amend ments.

The motion prevailed, and the Senate amendments to HB 162 were dis agreed to.

HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.

The following Senate amendment was read:
County and Urban Affairs Committee moves to amend HB 547 as follows:
By inserting in Sec. 1, page 2, in line 31 after the word "point" and before the word "on", the following:
"in land lot 147 where said Interstate right-of-way intersects south right-of-way line of Old Chattanooga Road; thence east along the south right-of-way line of said road to a point on the east line of land lot 147; thence north along the east line of said land lot to a point on the north right-of-way line of Old Chattanooga Road; thence west along said right-of-way line to a point where said right-of-way line intersects the east right-of-way line of Inter state 75; thence north along said Interstate right-of-way to a point."

Mr. Cole of the 3rd moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 547 was agreed to.

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JOURNAL OF THE HOUSE,

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manu facture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The following Senate amendments were read:

Senator Reynolds of the 48th moves to amend HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide an additional tax on certain tobacco products;".
By inserting, immediately before Section 3, a new Section to be numbered Section 2A, and to read as follows:
"Section 2A. In addition to all other taxes of every kind im posed by law upon cigarettes, there is hereby levied an excise tax upon the sale, receipt, purchase, possession, consumption, han dling, distribution or use of cigarettes in this State, in the amount of two cents per package of twenty. Said tax shall be levied and collected as provided for by the provisions of an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), as amended."

Senator Pennington of the 45th moves to amend HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide for an additional tax upon malt beverages;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respec tively.
By inserting, following Section 1, a new Section 2, to read as follows:
"Section 2. In addition to all other taxes proposed upon the sale of malt beverages, there is hereby levied an excise tax upon the business of selling malt beverages as follows:

WEDNESDAY, MARCH 12, 1969

1767

(1) Where the beverage is sold in or from a barrel or bulk container, a tax at the rate of $5.00 for each container containing not more than thirty-one gallons and at a like rate for fractional parts thereof.

(2) Where the beverage is sold in bottles, cans or other con tainers, other than barrel or bulk containers as above specified, a tax at the rate of 2.5^ for each twelve ounces or fractional part thereof.

The taxes imposed by the provisions of this Section upon the sale of malt beverages shall be imposed, collected and enforced in accordance with the provisions of an Act relating to the li censing, regulation and taxation of malt beverages, approved March 23, 1953 (Ga. Laws 1935, p. 73), as amended."

Mr. Murphy of the 19th moved that the House disagree to the Senate amendments.

The motion prevailed and the Senate amendments to HB 104 were dis agreed to.

The following Resolutions of the House were read and adopted:

HR 311. By Messrs. Smith of the 43rd, Harris and Roach of the 10th, Anderson of the 49th, Black of the 45th, Rowland and Douglas of the 42nd, Wil liams of the llth, Peters of the 2nd and Johnson of the 29th:
A RESOLUTION
Extending best wishes to Honorable Will Poole; and for other purposes.
WHEREAS, Honorable Will Poole, the distinguished gentleman from the Tenth District, has recently become ill and is receiving treat ment at the R. T. Jones Memorial Hospital in Canton, Georgia; and
WHEREAS, he is currently serving his third term in the General Assembly of Georgia; and
WHEREAS, he is a highly respected member of the General As sembly and his counsel and advice will be greatly missed during the period in which he is absent.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest best wishes for a speedy recovery

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JOURNAL OF THE HOUSE,
are hereby extended to Honorable Will Poole, and the members of this body are looking forward to his return.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this resolution to Honorable Will Poole.

HR 313. By Messrs. Wood, Williams, and Cooper of the llth:
A RESOLUTION
Commending Miss Stephanie Lynn Watkins; and for other purposes.
WHEREAS, Miss Stephanie Lynn Watkins (known as "Steph" to her friends) was crowned "Miss Georgia Teenager" in the waning moments of 1968; and
WHEREAS, she is the youngest person to have ever received this honor, doing so at the tender age of fifteen years; and
WHEREAS, Steph went on to be named third runner-up in the National Miss America Teenager finals held at Palisades Park, New Jersey, and she was voted "Miss Congeniality" by her fifty-four cocontestants; and
WHEREAS, she is the lovely daughter of Mr. and Mrs. Howard Watkins of Gainesville, Georgia, and she is a sophomore at Gainesville High School where she maintains an A average and is active in many extra-curricular activities; and
WHEREAS, Steph enjoys water sports--she is an excellent water skier--due mainly to the fact that she lives a scant one hundred yards from Lake Lanier; and
WHEREAS, it is her ambition to finish high school and college with an excellent scholastic record, and then to become an oceanographer.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Miss Stephanie (Steph) Lynn Watkins for her magnificent accomplishments and am bitions.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Miss Stephanie Lynn Watkins, Gaines ville, Georgia.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

WEDNESDAY, MARCH 12, 1969

1769

HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th, Hudson of the 48th, Parker of the 46th and others:
A Bill to be entitled an Act to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the commission to consider certain factors when fixing rates of public utilities under its jurisdiction; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on the House on Industry moves to amend House Bill 366, creating a new Code Section to be designated as Section "93-320", by striking the period at the end of subsection (3) of the said new Section "93-920", and by inserting in lieu thereof the follow ing:
", with the exception of those businesses regulated by the Pub lic Service Commission unler Code Chapters 68-5 and 68-6."
so that when amended said subsection shall read as follows:
"(3) The term 'public utility' as used herein means all persons or corporations which the Public Service Commission has the au thority, power, and duty to regulate for the purpose of fixing rates and charges for services rendered and requiring the rendition of adequate service, with the exception of those businesses regulated by the Public Service Commission under Code Chapters 68-5 and 68-6, and those corporations and companies referred to in Code Section 93-101."

The following amendment was read and adopted:

Mr. Pickard of the 84th moves to amend HB 366 by adding the following to Section One:
Further provided, that no public utility shall be denied a fair rate upon the greater of: (a) The fair value of its rate base, or (b) The present reproduction value as new of its rate base, less observed de preciation. In the event that the Public Service Commission should fail to render an order on any request or appreciation for a rate increase within 120 days after the filing of such request or application with the Commission, on motion of the public utility making the filing, the proposed increase shall go into effect. Where increased rates on charges are thus made effective, the Commission may, by order, require the public utility to furnish a bond, to be approved by the Commission, but not to exceed $100,000.00, to refund any amounts eventually ordered by the Commission and affirmed by the courts in review proceedings, pro vided, however, that the public utility shall not be required to pay interest on any amounts thus refunded at a rate greater than the rate of interest the public utility would have been entitled to receive on

1770

JOURNAL OF THE HOUSE,

such amounts had the same been deposited by such public utility in a savings account or certificate of deposit with a national bank or bank chartered under the laws of Georgia. The Commission shall give to the hearing and decision of requests or application for rate increases preference over other matters pending before it and decide the same
as speedily as possible.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Battle Bell Berry Black Blalock Bohannon Bond Bo stick Bo wen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Coiling, M. Collins, S, Colwell Conger Connell Conner Cook

Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. E. Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson

Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell

Melton Merritt Milford Miller Moate Moore Morris Murphy Nash Nessmith Nunn Odom Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L.

WEDNESDAY, MARCH 12, 1969

1771

Phillips, W. R. Pickard Pinkston Potts Reaves Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims

Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Jones, C. M. Le vitas

Mullinax

Parker, H. W.

Those not voting were Messrs.:

Barber Barfield Bennett Brantley, H. L. Clarke Dean, J. E. DeLong Floyd, J. H. Funk Gary Grahl

Hale Hamilton Harris, J. F. Lambert Matthews, D. R. McCracken Miles Northcutt Pafford Phillips, G. S. Poole

Rainey Rush Smith, J. R. Snow Vaughn Wamble Ware Whaley Mr. Speaker

On the passage of the Bill, as amended, the ayes were 160, nays 4.

The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 366, as amended, was ordered immediately transmitted to the Senate.

HR 266-809. By Messrs. Shanahan of the 8th and Ross of the 26th:
A Resolution declaring certain property of the State surplus, autho rizing the State Properties Control Commission to sell such property; and for other purposes.

1772

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N.

DeLong Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M.

Jordan, G. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard

Pinkston Potts Rainey Reaves Roach Rowland Russell Salem Scarborough Scarlett Shanahan

WEDNESDAY, MARCH 12, 1969

1773

Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.

Toles Townsend Vaughn Ware Westlake Whaley Wheeler, J. A. Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Dean, J. E. Dorminy Gaynor Hale Hamilton Harris, J. R.

Hill, G. Jones, C. M. Jordan, H. S. Lambert Mason Matthews, C. McCracken Nash Phillips, G. S. Poole

Ross Rush Simkins Simmons Wamble Wheeler, Bobby Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, HR 266-809 was ordered immediately transmitted to the Senate.
HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alco holic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 88, nays 24.

1774

JOURNAL OP THE HOUSE,

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Matthews of the 16th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitu tional majority to HB 804.

Mr. Harrison of the 66th requested that the Journal record his vote as "nay" on HB 804.

Mr. Williams of the llth requested that the Journal record his vote as "nay" on HB 804.

HB 362. By Messrs. Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307, relating to the protection of buy ers of goods; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Bohannon Bond Bo stick Bo wen Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell

Conner Cook
Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Douglas Edwards Ellis Evans Ezzard

Farmer Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves <Junter Hargrett Harrington Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert

WEDNESDAY, MARCH 12, 1969

1775

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S, Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson

Phillips, L. L. Phillips, W. R. Pickard Rainey Reaves Roach Ross Rowland Russell Scarborough Scarlett Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Anderson Blalock Collier Dean, J. E. DeLong Dorminy Egan Fallin Felton Funk Hadaway

Hale Hamilton Harris, J. F. Harris, J. R. Hawes Hood Johnson Jones, C. M. Matthews, D. R. Moate Moore

Murphy Phillips, G. S. Pinkston Poole Potts Rush Salem Shepherd Simkins Simmons Mr. Speaker

On the passage of the Bill, the ayes were 162, nays 0.

1776

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 362 was ordered immediately transmitted to the Senate.

HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd:
A Bill to be entitled an Act to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton
Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D, Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato

Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Farmer Farrar Felton

Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner
Jones, Herb

WEDNESDAY, MARCH 12, 1969

1777

Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt

Miles Milford Morris Mullinax
Murphy Nash Northcutt
Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.
Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarborough

Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T.
Snow Sorrells
Sweat Thomason Thompson, R.
Toles Townsend Vaughn
Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Anderson Bowen Collier Collins, M. Dean, J. E. DeLong
Egan Ezzard Fallin Funk Gunter

Hale Hamilton Harris, J. F. Howell Jones, C. M. Matthews, D. R. McCracken Miller Moate Moore Nessmith

Phillips, G. S. Pickard Pinkston Poole Rush Simkins Simmons Thompson, A. W. Ware Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 697 was ordered immediately transmitted to the Senate.

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JOURNAL OF THE HOUSE,

HB 195. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State-sup ported schools, as amended, so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been members of the Teachers' Retirement System shall be eligible to reestablish membership in said retirement system; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State-sup ported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that certain teachers who have previously been members of the Teachers' Retirement System shall be eligible to reestablish membership in said retirement system and shall also be entitled to receive credit for prior teaching service; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act establishing a retirement system for teachers in the State public schools and other State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding a new subsection (5) at the end of Section 3 to read as follows:
"(5) Any person who is a teacher in both a public school sys tem and a private school system on the effective date of this Act and who has previously been a member of the Teachers' Retire ment System shall be eligible to reestablish his membership in said retirement system and shall also be entitled to receive prior credit for teaching in said public and private school system in the same manner as a person who becomes a member of said retirement system after withdrawing his contributions."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

WEDNESDAY, MARCH 12, 1969

1779

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson
Dixon Dodson

Dorminy Douglas Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Russell Scarborough Scarlett Shanahan Shepherd Shermart

1780

JOURNAL OF THE HOUSE,

Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, A. W.

Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley

Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Bell
Clarke Collier Dean, J. E. DeLong Edwards Egan Ezzard Hale

Hamilton
Jones, C. M. Marcus Matthews, D. R. McClatchey Moate Morris Phillips, G. S. Pickard

Pinkston
Poole Rush Salem Simkins Simmons Sorrells Townsend Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration:
HB 107. By Mrs. Merritt of the 46th and Mr. Adams of the 100th: A Bill to be entitled an Act to amend Chapter 74-4 of the Code of Georgia, relating to adoption, so as to provide that it shall be unlawful for the parent of any child to advertise that he or she will sell or part with the said child, or in any manner become party to the separation of the said child except through the provisions of this Chapter; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Chapter 74-4 of the Code of Georgia, relating to adoption, as amended, so as to provide that it shall be un lawful for the parent of any child to advertise that he or she will sell the said child; to provide penalties; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 12, 1969

1781

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Chapter 74-4 of the Code of Georgia, relating to adop tion, as amended, is hereby amended by adding a new Code Section to be designated as Section "74-421.1" which shall read as follows:

"74-421.1. (a) It shall be unlawful for the parent of any child to advertise through any public or private medium, or by any means in cluding letters, circulars or hand-bills, that he or she will sell said child.

(b) Any person violating the provisions of this Code Section shall be punished as for a misdemeanor."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson
Atherton Ballard Barber Battle Bell Bennett Berry
Black Blalock Bohannon Bond
Brantley, H. H. Brantley, H. L. Bray
Brooks
Brown, B. D. Brown, C. Buck Burruss
Busbee Caldwell Games

Gates Cato Chandler
Cole Collins, M. Collins, S. Colwell Conger Connell Conner
Cooper Crowe Dailey Daugherty
Davis, E. T. Davis, W. Dean, N.
Dent
Dickinson Dixon Dodson Dorminy
Douglas Edwards Egan

Ellis Evans Ezzard
Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor
Geisinger Gignilliat Grahl Graves
Gunter Hadaway Hargrett
Harrington
Harris, J. R. Harris, R. W. Harrison Hawes
Henderson Higginbotham Hill, B. L.

1782
Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen, M. Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin

JOURNAL OF THE HOUSE,

Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves

Roach Ross Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles, F. L. Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Barfield Bostick Bowen Clarke Collier Cook Dean, J. E. DeLong Funk Gary

Hale Hamilton Harris, J. F. Jordan, G. Keyton Levitas Matthews, D. R. Parker, H. W. Peterson Pickard

Poole Rowland Rush Russell Vaughn Wamble Whaley Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 12, 1969

1788

By unanimous consent, HB 107, by substitute, was ordered immediately transmitted to the Senate.

Mr. Levitas of the 77th stated that he had been called from the floor of the House when the roll was called on HB 107, by substitute, but had he been present would have voted "aye".

HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and provid ing for a new Criminal Code, so as to make certain technical clarifica tions therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.

The following amendment was read and adopted:
Messrs. Harris of 77th and Lee of 61st move to amend HB 722 as follows:
(1) By striking Section 10 and inserting in lieu thereof a new Sec tion 10 to read as follows:
"Section 10. Said Act is further amended by striking Code Section 26-2203, relating to inciting to insurrection, which Code Section is quoted in Section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Section 26-2203, to read as follows:
"26-2203. Inciting to Insurrection. A person commits inciting to insurrection when he incites others to join in any combined re sistance to the sovereign authority of the State, or any political sub division thereof, and he or they commit an overt act in furtherance thereof. A person convicted of this offense shall be punished by imprisonment for not less than one nor more than ten years. Incit ing to insurrection shall be bailable only in the discretion of a judge of the superior court."
(2) By striking Section 11 and inserting in lieu thereof a new Sec tion 11 to read as follows:
"Section 11. Said Act is further amended by adding to Code Chap ter 26-25, relating to obstruction of law enforcement, which Code Chap ter is quoted in Section 1 of said Act, a new Code Section to be desig nated as Code Section 26-2509, to read as follows:
"26-2509. False Report of a Crime. A person commits false report of a crime when he wilfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer

1784

JOURNAL OF THE HOUSE,

or agency of this State and upon conviction shall be punished as for a misdemeanor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Ballard Barber Bell Bennett Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Cates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N.

Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Farmer Farrar Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, G. Holder Hood Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb

Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Nessmith Northcutt Nunn Odom Pafford Parker, H. W. Patterson Peters Peterson

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Russell Salem

WEDNESDAY, MARCH 12, 1969

1785

Scarborough Scarlett Shanahan Sims Smith, J. R. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Wamble

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Alexander Barfield Battle Bond Bostick Bowen Brown, B. D. Clarke Daugherty Dean, J. E. DeLong Ezzard Tallin Felton Grahl

Hale Hamilton Hawes Henderson Hill, B. L. Horton Hudson Jordan, G. Lambert Leonard Le vitas Matthews, D. R. Moate Murphy Nash

Paris Parker, C. A. Pickard Poole Rush Shepherd Sherman Simkins Simmons Smith, V. T. Sweat Town send Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 151, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Levitas of the 77th stated that he had been called from the floor of the House when the roll was called on HB 722, but had he been present would have voted "aye".

The Speaker announced the House adjourned until 1:30 o'clock, P.M.

1786

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following message was received from the Senate through Mr. MeWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendments to the following Bills of the House, to-wit:

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 4th:
A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The following Bills of the House were taken up for the purpose of consider ing the Senate's insistence on its position in amending the same:

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

Mr. Busbee of the 61st moved that the House insist on its position in dis agreeing to the Senate amendments, and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

WEDNESDAY, MARCH 12, 1969

1787

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Jones of the 59th, Paris of the 14th and Wamble of the 69th.

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

Mr. Busbee of the 61st moved that the House insist on its position in dis agreeing to the Senate amendments, and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee on the part of the House the follow ing members thereof:
Messrs. Melton of the 32nd, Murphy of the 19th and Lambert of the 25th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendments to the following Bills of the House, to-wit:

HB 207. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.

HB 210. By Mr. Conner of the 56th:
A Bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.

1788

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 173. By Messrs. Barber of the 15th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State Public Schools and other State supported schools; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was aa follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Barfield Battle
Bell Bennett Berry Blalock Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke
Cole
Collins, M. Collins, S. Colwell Conger Connell

Conner Cook Cooper Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Felton Floyd, L. R. Funk
Gary Gaynor Gei singer Gignilliat Grahl Graves Gvinter Hadaway Hargrett Harrington Harris, J. F.

Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Marcus Mauldin McClatehey

McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Nessmith Nunn Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson

WEDNESDAY, MARCH 12, 1969

1789

Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sims Smith, J. R.

Smith, V. T. Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Ballard Black Bowen Brantley, H. H. Brooks Brown, C. Caldwell Collier Crowe Dailey DeLong Dodson Evans Fallin Farmer Farrar Floyd, J. H. Hale

Hamilton Harris, J. R. Harrison Howell Jones, C. M. Keen Knapp Lambert Lee, W. S. Levitas Mason Matthews, C. Matthews, D. R. Maxwell McCracken Miller Moate Murphy

Nash Northcutt Odom Paris Phillips, G. S. Pickard Pinkston Poole Shanahan Sherman Simkins Simmons Snow Sorrells Sweat Thomason Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

BB 785. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expendi ture of certain funds for school lunch purposes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1790

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dorminy Douglas Edwards Egan Ellis Felton Floyd, L. R.

Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Bill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Mauldin McClatchey Melton Merritt Miles

Milford Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

WEDNESDAY, MARCH 12, 1969

1791

Those not voting were Messrs.:

Ballard Barfield Brantley, H. H. Brooks Caldwell Clarke Collins, M. Dean, J. E. DeLong Dixon Dodson Evans Ezzard Fallin Farmer

Parrar Floyd, J. H. Funk Hale Hamilton Harris, J. R. Harrison Jones, C. M. Keen Knapp Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell

Miller Moate Murphy Pafford Paris Phillips, G. S. Pinkston Poole Shanahan Sherman Simkins Sorrells Sweat Thomason Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 785 was ordered immediately transmitted to the Senate.
Mr. Harris of the 77th stated that he had been called from the floor of the House when the roll was called on HB 785, but had he been present would have voted "aye".
HB 194. By Messrs. Grahl of the 40th and Barber of the 15th: A Bill to be entitled an Act establishing a retirement system for teach ers in the State public schools, as amended, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander

Anderson Atherton

Barber Barfield

1792
Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Edwards Ellis Evans Felton Floyd, J. H.

JOURNAL OF THE HOUSE,

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Mauldin McClatchey

Melton Merritt Milford Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sims Smith, J. R. Snow Sweat Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Ballard Brooks Collins, M.

Dean, J. E. DeLong Douglas

Egan Ezzard Fallin

WEDNESDAY, MARCH 12, 1969

1793

Farmer Parrar Hadaway Hale Hamilton
Henderson Higginbotham Jones, C. M. Lane, W. J. Matthews, C. Matthews, D. R.

Maxwell McCracken McDaniell Miles Miller Moate Nessmith Pafford Paris Phillips, G. S. Pickard

Pinkston Poole Sherman Simkins Simmons Smith, V. T. Sorrells Thomason Town send Westlake Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 507. By Mr. Matthews of the 63rd: A Bill to be entitled an Act to be known as the "Georgia Equine Act"; and for other purposes.
By unanimous consent, further consideration of HB 507 was postponed until tomorrow, March 13, 1969, immediately after the period of unanimous consents.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 16. By Messrs. Caldwell of the 39th, Williams of the llth and Moate of the 28th: A Bill to be entitled an Act relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal specific laws; to repeal conflicting laws; and for other pur poses.
Mr. McClatchey of the 13th moved that further consideration of HB 16 be postponed until tomorrow, immediately after the period of unanimous consents.

The motion prevailed, and HB 16 was postponed until tomorrow, March 13, 1969, immediately after the period of unanimous consents.

Mr. Barber of the 15th asked unanimous consent that the following Bill of

1794

JOURNAL OF THE HOUSE,

the House be withdrawn from the Committee on Education and referred to the Committee on Local Affairs.

HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, Dean of the 76th and Jordan of the 74th:
A Bill to be entitled an Act to require the boards of education in certain counties of this State to publish a summary of all receipts and ex penditures of said boards on a quarterly basis; to provide the pro cedure connected with the foregoing; and for other purposes.

The consent was granted, and HB 780 was withdrawn from the Committee on Education and referred to the Committee on Local Affairs.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88th:
A Bill to be entitled an Act to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock

Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Busbee Caldwell

Games Gates Cato Chandler Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Evans Fallin Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hig-ginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley

WEDNESDAY, MARCH 12, 1969

1795

Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Lowrey Matthews, C. Mauldin McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson

Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Potts Rainey Roach Rowland Rush Russell Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thotnason Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those voting in the negative were Messrs.:

Burruss Cole

Leonard

Nunn

Those not voting were Messrs.:

Anderson Brantley, H. L. Clarke Collins, M. Conner Dean, J. E.

Dodson Ellis Ezzard Farmer Felton Funk

Grahl Hadaway Hale Hamilton Johnson Knapp

1796
Lambert Lewis Marcus Mason Matthews, D. R. Maxwell McClatehey McDaniell

JOURNAL OF THE HOUSE,

Miller Nash Nessrnith Phillips, L. L. Pickard Poole Reaves Ross

Salem Scarborough Sherman Thompson, A. W. Townsend Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Nunn of the 41st stated that he had inadvertently voted "nay" but in tended to vote "aye" on the passage of HB 279.

HR 231-656. By Messrs. Howell of the 60th, Brooks of the 17th, Knapp of the 81st, Lewis of the 37th, Matthews of the 63rd and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to classify property for taxation purposes; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by striking said Paragraph in its entirety and sub stituting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. Uniformity; classification of property. All taxes shall be levied and collected under general laws and for public purposes only. The General Assembly shall have the power to classify property for taxation. All taxation shall be uniform upon the same class of property within the territorial limits of the authority levying the tax."
Section 2. The above proposed amendment to the Constitution shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to classify property for taxation
NO ( ) purposes?"

WEDNESDAY, MARCH 12, 1969

1797

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Mr. Dickinson of the 118th moved that HR 231-656 be postponed until Janu ary 19, 1970, immediately after the period of unanimous consents.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barfield Bell Bennett Black Bond Bostick Bowen Brantley, H. H. Brown, C. Buck Busbee Cato Chandler Cole Collier Collins, S. Conger Conner Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson

Douglas Edwards Farrar Felton Floyd, J. H. Floyd, L. R. Gary Geisinger Gignilliat Graves Gunter Harris, J. F. Harris, J. R. Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard

Le vitas Longino Lowrey Marcus Maxwell McClatchey Melton Moore Morris Northcutt Odom Paris Phillips, W. R. Rowland Shanahan Shepherd Sherman Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wood

Those voting in the negative were Messrs.:

Atherton Berry

Blalock Brantley, H. L.

Bray Brooks

1798
Burruss Carnes Gates Clarke Collins, M. Connell ook Cooper Crowe Dixon Dodson Dorminy Egan Ellis Farmer Gaynor Grahl Hadaway Harrison Henderson Housley Howell

JOURNAL OF THE HOUSE,

Hutchinson Jones, C. M. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, W. J. Lewis Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Milford Mullinax Nessmith Nunn Pafford Parker, C. A. Parker, H. W. Patterson

Peters Peterson Phillips, G. S. Phillips, L. L. Potts Rush Russell Salem Scarborough Simkins Snow Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Williams Wilson Wilkerson

Those not voting were Messrs.:

Barber Battle Bohannon Brown, B. D. Caldwell Colwell Dean, J. E. DeLong Evans Ezzard Fallin Funk Hale

Hamilton Hargrett Harrington Harris, R. W. Holder Knowles Lambert Mason Mauldin Miles Miller Moate Murphy

Nash Pickard Pinkston Poole Rainey Reaves Roach Ross Scarlett Simmons Sims Winkles Mr. Speaker

On the motion, the ayes were 86, nays 70.

The motion prevailed, and HR 231-656 was postponed until January 19, 1970, immediately after the period of unanimous consents.

Mr. Higginbotham of the 75th moved that the House reconsider its action in postponing HR 231-656.
On the motion to reconsider, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 12, 1969

1799

Those voting in the affirmative were Messrs.

Anderson Atherton Ballard Barfield Bennett Berry Blalock Bond Brantley, H. L. Buck Burruss Busbee Cole Connell Cook Cooper Crowe Davis, E. T. Dorminy Egan Gaynor Geisinger Gignilliat

Grahl Harris, J. F. Harrison Henderson Hill, B. L. Hill, G. Housley Hutchinson Jones, M. Jordan, H. S. Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Milford Mullinax Murphy

Nessmith Odom Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Potts Eainey Rush Salem Scarborough Simkins Snow Thompson, A. W. Thompson, R. Townsend Wamble Ware Whaley Williams Wilson Wilkerson

Those voting in the negative were Messrs.:

Adams Bell Black Brantley, H. H. Bray Brooks Brown, C. Carnes Cato Chandler Clarke Collier Collins, M. Collins, S. Conger Dailey Daugherty Davis, W. Dean Dent Dickinson Dodson Douglas Ellis Farrar Felton Floyd, J. H.

Floyd, L. R. Gary Graves Gunter Hadaway Harrington Harris, J. R. Hawes Higginbotham Hood Horton Howell Hudson Johnson
Joiner Jones, C. M. Jones, Herb Jordan, G. Keen Knapp Lambert Lane, Dick Leonard Le vitas Longino Lowrey Marcus

Maxwell McClatchey Melton Moate Moore Northcutt Pafford Patterson Peterson Phillips, L. L. Phillips, W. R. Rowland Russell Shanahan Shepherd Sherman Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Toles Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Wood

1800

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander Barber Battle Bohannon Bostick Bo wen Brown, B. D. Caldwell Gates Colwell Conner Dean, J. E. DeLong Dixon Edwards

Evans Ezzard Fallin Farmer Funk Hale Hamilton Hargrett Harris, R. W. Holder Keyton Knowles Mason Mauldin Miles

Miller Morris Nash Nunn Pickard Pinkston Poole Reaves Roach Ross Scarlett Simmons Sims Winkles Mr. Speaker

On the motion to reconsider, the ayes were 69, nays 81.

The motion was lost, and the House refused to reconsider its action in post poning HR 231-656.

HB 453. By Mr. Ware of the 30th:
A Bill to be entitled an Act to provide for the licensing and regulation of the business of insurance premium financing; and for other pur poses.

The following amendments were read and adopted:

Mr. Ware of the 30th moves to amend HB 453 as follows:
By striking the colon at the end of Section 2 (a) and inserting in lieu thereof the following:
"or any licensed resident local agent as to premiums on busi ness produced by such agent;".
By adding the word, "valid" between the words, "mail a" and the word, "notice" in the last sentence of subsection (c) of Section 12.
By striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows:
"Section 13. Application of unearned premiums.

WEDNESDAY, MARCH 12, 1969

1801

(a) Whenever a financed insurance contract is cancelled, the insurer, on written notice of such financing, shall return what ever unearned premiums are due under the insurance contract to the premium finance company, either directly or via the agent, agency or broker placing the insurance, for the account of the in sured or insureds.

(b) In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund such excess to the insured via his insurance agent, agency or broker, provided that no such refund shall be required if it amounts to less than $1.00."

Mr. McClatchey of the 113th moves to amend HB 453 by amending Section 2 of said Bill by adding the following subdivision:
"(e) Insurance premiums in connection with the kinds of business defined in Sec. 56-402 (life insurance) and Sec. 56-404 (accident and sickness insurance) of the Georgia Insurance Code (Acts 1960, pp. 289, 326 and pp. 289, 317)."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black
Blalock Bond Bostick Bowen Bray Brooks Brown, B. D.

Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Clarke Cole Collier
Collins, M. Collins, S. Colwell Conger Connell Conner Cook

Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon
Dodson Douglas Edwards Egan Evans Ezzard Farmer

1802
Felton Floyd, J. H. Floyd, L. R. Gary Gei singer Gignilliat Graves Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S.

JOURNAL OF THE HOUSE,

Le vitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Moate Moore Morris Mullinax Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Potts Leonard Roach

Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, R. Toles Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood Wilkerson

Those voting in the negative were Messrs.:

Brantley, H. H.

Jordan, G.

Thompson, A. W.

Those not voting were Messrs.:

Ballard Bohannon Brantley, H. L. Caldwell Daugherty Dorminy Ellis Fallin Farrar Funk Gaynor Grahl Gunter Hadaway Hale Hamilton Hargrett

Harrington Harrison Hill, B. L. Housley Jones, C. M. Jones, Herb Knowles Lambert Lane, W. J. Lewis Mason McCracken Milford Miller Nash Nessmith Parker, H. W.

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Rainey Reaves Simkins Sorrells Townsend Wamble Whaley Wilson Mr. Speaker

WEDNESDAY, MARCH 12, 1969

1803

On the passage of the Bill, as amended, the ayes were 143, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 453, as amended, was ordered immediately trans mitted to the Senate.

Mr. Harris of the 77th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

1804

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 13, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Elder V. H. Hooks, Sr., Pastor, New Hope Primitive Baptist Church, Emanuel County, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 13, 1969, and submits the following:
SB 7. 'Minors, Marriage License, Consent. SB 9. Superior Court Judges, Widows Benefits.

THURSDAY, MARCH 13, 1969

1805

SR 10. Constitution Revision Commission. SB 12. Trial Judges, Practice of Law--PP. SB 13. Allotment of Teachers, Education Act. SR 15. Central Printing Agency Study Committee. SB 21. Silent Prayer, Public Schools. SB 25. Insurance Licenses, Renewal of SB 26. Justice and Judges, Salaries. SB 30. Insurance Commissioner, Powers and Duties. SB 32. Insurance Commissioner, Insurers Authority. SR 37. Providence Canyon, Study Committee. SB 50. Legal Reserve, Banks. SB 51. Time for Observing Certain Hollidays. SB 52. Insurance Code, Amend. SB 73. Railroad Corporations, Number of Directors. SB 83. Circuit Probation Supervisors. SB 85. Highways, Public Utility Equipment on Highway. SB 86. Eminent Domain, Draw 75% of Awards. SB 88. Contracts, Periods of Limitation of Actions. SB 95. Family and Children Service, County Employee. SB 96. Family and Children Service, Medical and Dental Service. SB 106. Driver's Licenses, Temporary. SB 107. State Militia, Armory Duty. SB 110. Veterans Service Board, Discharge Certain Veterans. SB 111. Purchase of Ambulance, Veterans Service. SB 113. Sale of Tobacco, Maximum Rate. SB 114. County Tax Assessors, Valuation, File and Record. SB 116. Vending Stands and State Property, define. SB 125. Guardian, Spouse Has Preference in Appointment. SB 127. Statewide Probation Act, Regulations. SB 128. Board of Pardons and Paroles, Regulations. SB 130. Public Works Camps, Regulations. SB 136. Criminal Cases, Felonies Jury Render Verdict. SB 145. Penal Institutions, Released Inmates. ,SB 148. Public Works Camps, Prisoners Confinement.

1806

JOURNAL OP THE HOUSE,

SB 149. Minors, Felons and Misdemeanors. SB 155. Banks, Federal or Correspondent Funds. SB 157. Banks, Common Stock, Authorized, But Unissued. SB 162. Atlanta Rapid Transit Authority, Contract with. SB 164. Marriage License, Additional Copies. SB 173. Public Works Camps, Social Visits. SB 174. Board of Corrections, Prisoners, Indictments. SB 175. Court, Prisoners, Witnesses, or Defendants. SB 182. County Bonds, Proceeds Investment. SB 184. Trust Funds, Investments by Trustees SB 190. State Chartered Bank, Conversion. SB 198. Banks, Deposit to Cover Claims.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 913. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove the exemption from sales taxes sales of machinery which is used directly in the manufacture of tangible personal property when such machinery is incorporated into a new manufacturing plant, or when such machinery is incorporated, as new machinery, into a presently existing manufactur ing plant; and for other purposes.
Referred to the Committee on Ways and Means.

HB 914. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove the exemption from sales taxes, sales of certain machinery used directly in tilling the soil; and for other purposes.
Referred to the Committee on Ways and Means.

THURSDAY, MARCH 13, 1969

1807

HB 915. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Retailers and Consumers' Sales and Use Tax Act", so as to exempt the sale of machinery which is used in construction, logging and forestry equip ment and machines, and equipment and machines used in mining; and for other purposes.
Referred to the Committee on Ways and Means.

HB 921. By Mr. Jones of the 84th:
A Bill to be entitled an Act to repeal an Act requiring all statehouse officers and officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller General of the State; and for other purposes.
Referred to the Committee on Judiciary.

HB 922. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Chapter 95-18, relating to safe and unsafe railroad crossings, so as to eliminate the designation of safe crossings and to provide that all public highways which cross the main line of any railroad at grade, not in an incorporated town or city, shall be designated as unsafe crossing; and for other purposes.
Referred to the Committee on Judiciary.

HB 923. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HE 312-923. By Messrs. Moore and Gunter of the 6th:
A Resolution authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes
Referred to the Committee on State Institutions & Property.

HB 924. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensa tion, so as to change the compensation of said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 925. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for compensation for the commissioner of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 926. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to provide that the board of commissioners, or other govern ing authority, of any county having a population of 50,000, shall have final approval over the salaries of all personnel, including judges; and for other purposes.
Referred to the Committee on Local Affairs.

HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.
Referred to the Committee on Local Affairs.

HB 928. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 929. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Glynn County, so as to provide for the compensation for members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 930. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to change the name of said court; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, MARCH 13, 1969

1809

HB 931. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to the punishment for the violation of the "Uniform Narcotic Drug Act", so as to provide for a mandatory sentence for persons violating Code Chapter 79A-8, relating to narcotics; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 932. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to punishment for violating certain provisions of Code Chapter 79A-8 on narcotics, so as to change said punishment; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 933. By Messrs Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act revising, classifying and superseding the laws relating to crimes and the punishment therefor, so as to change the punishment for commercial gambling; and for other purposes.
Referred to the Committee on Judiciary.

HB 934. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the punishment for commercial gambling; and for other purposes.
Referred to the Committee on Judiciary.

HB 936. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.
Referred to the Committee on Local Affairs.

HB 937. By Mr. Conner of the 56th:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Appling County; and for other purposes.
Referred to the Committee on Local Affairs.

1810

JOURNAL OF THE HOUSE,

HB 938. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 939. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gray (formerly town of Gray), so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 940. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Davis, Floyd, Westlake and Higginbotham of the 75th, Vaughn and Jordan of the 74th, Harris, Farrar, Thomason and Levitas of the 77th:
A Bill to be entitled an Act to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and clerical help in such circuits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 941. By Mr. Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Maysville, so as to change the term of office of mayor and aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 943. By Mr. Dixon of the 65th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the City Court of Waycross and the Superior Court of Ware County, the clerk of the Superior Court of Ware County, the ordinary, the tax collector and tax receiver of Ware County on an annual salary, so as to provide that the sheriff shall have the authority to appoint one deputy; and for other purposes.
Referred to the Committee on Local Affairs.

HB 944. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend Code Chapter 26-15 of the Criminal Code of Georgia, relating to criminal damage to property, particularly by an Act revising, classifying, consolidating and superseding the laws

THURSDAY, MARCH 13, 1969

1811

relating to crimes and the punishment therefor, and establishing new laws relating thereto, so as to provide exceptions thereto; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 945. By Messrs. Colwell of the 5th, Rush of the 51st, Davis of the 86th, Toles of the 9th, Moore of the 6th, Mauldin and Milford of the 12th and Whaley of the 93rd:
A Bill to be entitled an Act to repeal an Act creating the Surface Mined Land Use Board; and for other purposes.
Referred to the Committee on Natural Resources.

HB 946. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to establish a commission to comprehensively study the governmental functions of the City of Savannah and Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 315-949. By Messrs. Moore and Gunter of the 6th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 953. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the "Georgia State Scholarship Commission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.
Referred to the Committee on Education.

HB 954. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to authorize the Corporation to enter into contracts for the purpose of rendering any type of assistance or any service that may be deemed necessary or

1812

JOURNAL OF THE HOUSE,

desirable to promote the student loan program throughout the State; and for other purposes.
Referred to the Committee on Education.

HB 955. By Messrs. Kreeger, Housley, Atherton, Burruss, McDaniell, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.
Referred to the Committee on Local Affairs.

HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th, Jones of the 87th and Funk of the 92nd:
A Bill to be entitled an Act to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that employees of Chatham County shall be afforded an opportunity to elect 3 members to the said Civil Service Board, which 3 members shall be in addition to the present membership thereof; and for other purposes.
Referred to the Committee on Local Affairs.

HB 957. By Messrs. Levitas, Thomason, Farrar and Harris of the 77th, Morris and Bell of the 73rd, Jordan and Vaughn of the 74th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to corporate boundaries; and for other purposes.
Referred to the Committee on Local Affairs.

HB 958. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 959. By Messrs. Henderson of the 117th and Nessmith of the 44th:
A Bill to be entitled an Act to amend Code Section 88-1305, relating to the Radiation Control Council, so as to abolish the term of office of the appointee to said council who was appointed from the State at large; and for other purposes.
Referred to the Committee on Industry.

THURSDAY, MARCH 13, 1969

1813

HB 960. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to provide that the member of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred with on county business; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 881. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the Solicitor General (now District Attorney) of Toombs Judicial Circuit, so as to provide for an expense allowance for said District Attorney; and for other purposes.

HB 882. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.

HB 883. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to change the number of the members of the Telfair County Board of Education from 5 to 7; and for other purposes.

HB 884. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.

HB 890. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist certain county officers; and for other purposes.

HB 891. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for the commissioner; and for other purposes.

1814

JOURNAL OF THE HOUSE,

HB 892. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain person nel to assist the tax commissioner; and for other purposes.

HB 893. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the office of county treasurer in all counties in this State having a population of not less than 19,550 and not more than 19,700; and for other purposes.

HB 894. By Messrs. Miles, Maxwell, and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to create the Augusta-Richmond County Transportation Authority; and for other purposes.

HB 895. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act fixing the salaries of special bailiffs to the superior court judge or judges of certain counties, so as to change the compensation of the superior court judges' bailiffs in such counties; and for other purposes.

HB 896. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as distinguished from domestic relations and civil matters of the Superior Court in counties having a population of not less than 135,000, nor more than 140,000 inhabitants so as to change the compensation of said officials and pro vide for longevity pay; and for other purposes.
HB 897. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act authorizing certain counties in this State to establish and maintain a law library for the use of judges, solicitors and other officials of the courts of said coun ties, so as to fix the compensation of the official operating such library; and for other purposes.
HB 898. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of two superior court reporters or court stenographers to the

THURSDAY, MARCH 13, 1969

1815

judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 in habitants, so as to provide for three permanent Court Reporters; and for other purposes.

HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to reincorporate the City of Cave Springs in the County of Floyd; to create a new Charter for said city; and for other purposes.

HB 900. By Messrs. Connell and Dent of the the 79th, Sherman of the 80th and Miles of the 78th:
A Bill to be entitled an Act to provide for an associate judge of the city court in all counties of this State having a population of not less than 135,000 nor more than 140,000; and for other purposes.

HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the City Court of Albany, so as to reduce the number of judges pro hac vice; to change the compensation of the judges pro hac vice; and for other purposes.

HB 902. By Messrs. Rainey of the 47th, Sorrells of the 24th, Dorminy of the 48th, Adams of the 100th, Bostick of the 63rd, Dickinson of the 118th and Rush of the 51st:
A Bill to be entitled an Act to authorize and direct the Public Service Commission to provide by rule or regulation that the telephone number "911" shall be used for an emergency number by which the people of Georgia, in emergency situations, can be connected with law enforce ment officials, fire departments, or emergency medical assistance; and for other purposes.

HB 903. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chair man; and for other purposes.

HB 904. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide for a Certifying Officer for Indigent Care Patients in each county; and for other purposes.

1816

JOURNAL OF THE HOUSE,

HR 307-904. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of a certain tract of land located in Baldwin County; and for other purposes.

HB 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A Bill to be entitled an Act to create a State Building Administrative Board; to authorize the Board to adopt Standard Minimum Codes; to provide for local enforcement and administration of such codes; to provide for permissive adoption of such codes by municipalities and counties; and for other purposes.

HR 308-905. By Mr. Odom of the 61st:
A Resolution proposing an amendment to the Constitution of Georgia, so as to provide that the State Board of Education may establish, merge, and consolidate school districts, upon approval of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HR 310-905. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A Resolution authorizing the conveyance of land by Dougherty County; and for other purposes.

HB 906. By Messrs. Williams, Wood and Cooper of the llth:
A Bill to be entitled an Act to amend an Act creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.

HB 907. By Messrs. Blalock, Potts and Ware of the 30th:
A Bill to be entitled an Act to amend Code Chapter 24-8, relating to constables, so as to provide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.

HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.

THURSDAY, MARCH 13, 1969

1817

HB 909. By Messrs. Johnson of the 29th, Harris of the 10th, Cole of the 3rd and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and providing for a new Criminal Code, so as to provide that a person who deliberately mutilates, defaces, or defiles the Con federate Flag, or any State Flag, or who uses such Flag for commercial advertising purposes, is guilty of a misdemeanor; and for other pur poses.

HB 910. By Messrs. Johnson of the 29th, Harris of the 10th, Cole of the 3rd and Anderson of the 49th:
A Bill to be entitled an Act to prohibit the use of any marking or special license tag or license tag attachment which purports to identify the motor vehicle as being owned by a "State Officer" or officer of State Government, unless the said special license tags or attachment is used on a motor vehicle owned by the State of Georgia; and for other pur poses.

HB 911. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.

HB 912. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to fix the compensation of certain elected officials in certain counties; and for other purposes.

HB 916. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Emerson, in Bartow County, so as to change the corporate limits of the City of Emerson; and for other purposes.

HB 917. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and ex haustively revise said Title; and for other purposes.

HB 918. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.

1818

JOURNAL OF THE HOUSE,

HB 919. By Mr. Moate of the 28th:
A Bill to be entitled an Act to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the U.S. Decennial Census of 1960; and for other purposes.

HB 920. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.

HB 935. By Mr. Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render same from any infectious or contagious disease, so as to provide that all food service establishments, whether public or private shall submit certain reports to the Commissioner of Agriculture; and for other purposes.

HB 942. By Mr. Jones of the 84th:
A Bill to be entitled an Act to amend an Act providing for reversion of title to real property conveyed to secure debt after the expiration of a certain period of time, so as to prescribe a statute of limitations in which certain deeds to secure debt may be enforced either by fore closure under power, or in equity, or at law; and for other purposes.

SB 14. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A Bill to be entitled an Act to amend Title 46 of the Code of Georgia, relating- to Garnishment, so as to exempt wages, salaries and commis sions of any person residing in this State from garnishment; and for other purposes.

SB 38. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the Criminal Court of Atlanta. . . ", so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; and for other purposes.

THURSDAY, MARCH 13, 1969

1819

SB 39. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act to provide for the retire ment of the judges and solicitor general of the Criminal Court, Civil Court, and Juvenile Court of Fulton County, providing for minor children to be eligible for widow's pension, when there is no widow; and for other purposes.

SB 44. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act creating the Civil Court of Fulton County, so as to change the compensation of the judges thereof; and for other purposes.

SB 61. By Senator Holley of the 22nd:
A Bill to be entitled an Act to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, etc., to provide for the continuance of said previous inclusion, etc.; and for other purposes.

SB 236. By Senator London of the 50th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax com missioner of Fannin County; and for other purposes.

SB 237. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the mem bers of the Board of Education; and for other purposes.

SB 239. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act to create a board of com missioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county so as to change the compensation for the commissioners; and for other purposes.

SB 240. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual

1820

JOURNAL OF THE HOUSE,

salary, so as to change the compensation of the deputy sheriffs; and for other purposes.

SB 241. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the corporate limits of said Town; and for other purposes.

SB 244. By Senator Eeynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Buford, so as to provide for electing the city commissioners by a majority vote; and for other purposes.

Mr. Murphy of the 19th, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 156. Do Pass. Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 170. Do Pass. Respectfully submitted, Barber of the 15th, Chairman.

THURSDAY, MARCH 13, 1969

1821

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, sub mitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 854. Do Pass.
Respectfully submitted,
Vaughn of the 74th,
Chairman.

Mr. Lee of the 21st, District Chairman of the Committee on Industrial Rela tions submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 303-889. Do Pass. Respectfully submitted, Lee of the 21st, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 775. Do Pass. HB 780. Do Pass. HB 800. Do Pass. HB 881. Do Pass. HB 882. Do Pass. HB 883. Do Pass. HB 884. Do Pass.

1822

JOURNAL OF THE HOUSE,

HB 885. Do Pass. HB 889. Do Pass. HB 890. Do Pass. HB 891. Do Pass. HB 892. Do Pass. HB 901. Do Pass. HB 903. Do Pass. HB 908. Do Pass. SR 72. Do Pass. SB 124. Do Pass. SB 206. Do Pass. SB 20. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 805. Do Pass by Substitute. HB 907. Do Pass. HB 910. Do Pass. SB 92. Do Pass. HB 744. Do Pass. SB 166. Do Not Pass. SB 193. Do Pass. HB 745. Do Pass by Substitute. HB 348. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.

THURSDAY, MARCH 13, 1969

1823

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 706. Do Pass by Substitute.
SB 115. Do Pass as Amended.
Respectfully submitted,
McClatchey of the 113th,
Chairman.

Mr. Melton of the 32nd, Chairman o fthe Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommen dations :

HB 398. Do Pass.

HB 548. Do Pass.

HB 549. Do Pass.

SB

165. Do Pass.

HR 304-889. Do Pass.

HR 305-889. Do Pass.

HR 306-889. Do Pass.

Respectfully submitted,

Melton of the 32nd,

Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 137. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other purposes.

1824

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to provide an expense allowance for the Dis trict Attorney of the Ocmulgee Judicial Circuit; to provide the method of payment of said allowance; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The District Attorney of the Ocmulgee Judicial Circuit shall receive the sum of $7,200.00 per annum as an expense allowance from the counties within said Circuit. Such payments shall be made by the counties on a monthly basis in the following amounts:
Baldwin ^.__..._....................._._..__..._..__._.....___._......$210.36
Greene __...._...--__.__,,.._._..____..._..,,.__$ 69.12
Hancock __,,_._.. ,,.___.__.__...____,,._____._.._....._..$ 61.62
Jasper _____.__.___.._,,_._._,,__.__-___--_._._-.__....._.....$ 37.86
Jones --------__..--.,,-..._,,..--,,._._._,,_...._...,,_...$ 52.32
Morgan __......._...,,_.._,,....__..__..--.___,,,,..__.$ 63.42
Putnam _.....,,,,,,__..__....._._._.___.._-..,,-._,,..._..,,__.-.$ 48.12
Wilkinson ,,-__.____,,.._..--_...,,_-______--_.___________._____$ 57.18

Out of such allowance, the entire cost of meeting the expenses connected with the District Attorney's office of said Circuit shall be paid.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 855. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.

THURSDAY, MARCH 13, 1969

1825

The following amendments were read and adopted:

Mr. Lewis of the 37th moves to amend HB 855 as follows:
Amend Section 1.03 by changing the period at the end of Subparagraph (n) to a comma and adding the following:
"provided, however, no ordinance, regulation or standards promulgated under this section shall be construed to apply to com munications equipment installations made by or for a utility and required by it in the rendition of its duly authorized services to the public."
Mr. Lewis of the 37th moves to amend House Bill No. 855 as follows:
By striking from the title the following:
"to provide for wards;",
And by striking from Section 1.04 the following:
"in force in said city"
and inserting in lieu thereof the following:
"in force in the former town (now city) of Sardis",
And by striking from the second paragraph of Section 5.13 the following (in two places):
"from each ward",
And by striking, in the same paragraph the following:
"majority of votes cast for the office of councilman",
and inserting in lieu thereof the following:
"majority of votes cast for each office of councilman",
And by striking in the same paragraph the following:
"two candidates for councilman",
and inserting in lieu thereof the following: "two candidates for each councilman position",
And by inserting at the end of said bill the following:

1826

JOURNAL OP THE HOUSE,

"Article IX

9.01 This Act shall become effective when approved by the Gov ernor or when it may otherwise become law.

9.02 All laws and parts of laws in conflict with this Act are hereby repealed."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 775. By Messrs. Gignilliat of the 89th, Gaynor of the 88th, Battle of the 90th, Ellis of the 91st, Jones of the 87th and Whaley of the 93rd:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, Dean of the 76th and Jordan of the 74th:
A Bill to be entitled an Act to require the boards of education in certain counties of this State to publish a summary of all receipts and expendi tures of said boards on a quarterly basis; to provide the procedure connected with the foregoing; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 13, 1969

1827

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Gignilliat of the 89th, Battle of the 90th and Jones of the 87th:
A Bill to be entitled an Act to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 856. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Monroe County, approved August 19, 1907, as amended, so as to change the compensation of the commissioners; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 857. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke (now the Board of Commissioners of Burke County), approved August 21, 1911 as amended, so as to change the compensation of said Board of Com missioners; and for other purposes.

1828

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 859. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County upon an annual salary, approved February 24, 1965, as amended, so as to change the compensation of the two-full-time deputy sheriff; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 868. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the sheriff of Seminole County by a salary, approved February 18, 1966, so as to change the compensation of said sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 870. By Messrs. Northcutt, Gary and Lee of the 21st:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Mountain View, approved February 23, 1956, and which

THURSDAY, MARCH 13, 1969

1829

Act is set out in Georgia Laws 1956, page 2518 through 2525, and the Acts amendatory thereof, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 871. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to empower the governing authority of Rockdale County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens there of as it may deem advisable, etc., to cite the constitutional authority for this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 873. By Mr. Simmons of the 4th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, approved February 15, 1961, so as to change the corporate limits of said City; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the raquisite constitutional majority, was passed.

1830

JOURNAL OP THE HOUSE,

HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A Bill to be entitled an Act to amend an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes.", approved March 6, 1945, as amended, so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 876. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act incorporating the City of Waynesboro, so as to provide that councilmen (or aldermen) of the City of Waynesboro shall each be elected at large by the voters of the City of Waynesboro without regard to wards; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 878. By Messrs. Kreeger, Wilson, Housley, McDaniell, Henderson, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964, as amended, so as to provide that said court shall be a court of record except in certain cases; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 13, 1969

1831

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 879. By Messrs. Kreeger, Wilson, McDaniell, Henderson, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964, as amended, so as to extend the jurisdiction of said court to certain cases involving injuries to the person; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham, Davis, Floyd and Westlake of the 75th, Harris, Parrar and Thomason of the 77th, Dean of the 76th and Morris of the 73rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 885. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.

1832

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 889. By Messrs. Longino of the 98th, Horton, Cook and Hawes of the 95th and Lane of the 101st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Pairburn, so as to provide for the election of councilmen by council seat positions; to establish the hours that polls shall be open so as to conform to the State Laws and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 124. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, as amended, so as to provide that the mayor and councilmen shall be elected by a majority vote; to provide for a runoff election; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to provide that the governing authorities of Pulton County shall have authority to make uniform assessments

THURSDAY, MARCH 13, 1969

1833

against abutting property for lateral sanitary sewers laid adjacent to said property; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 220. By Senator Reynolds of the 48th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, Georgia, as amended, so as to redefine the City Limits of said City; to provide for a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HR 187-487. By Messrs. Brown of the 110th, Horton and Cook of the 95th, Bond of the lllth, Marcus of the 105th, Sims of the 106th, Hood of the 99th and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to allow munici pal corporations having a population of more than 400,000 according to the last or any future Federal Decennial Census to remove or demollish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted area at public expense under certain con ditions and that such expenditures shall be established as liens against the properties involved; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XVI of the Constitution relating to slum clearance and redevelopment program for cities, towns, housing authorities and coun-

1834

JOURNAL OF THE HOUSE,

ties is hereby amended by adding a new paragraph at the end of said Article to read:

"The General Assembly may also establish procedures whereby any municipal corporating having a population of more than 400,-
000 according to the last or any future Federal Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after a determination that a building or structure constitutes a nuisance or constitutes a hazard to the health or safety of the public. Such determination shall only be made, after hearing, in a proceeding in person against the owner of such building or structure. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be established as liens against the property on which the building or structure is located. Any such work shall constitute a governmental function under taken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.",

so that when so amended, said Article shall read as follows:

"The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and re development work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.

"The General Assembly may also establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future Federal Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense after a determination that a building or structure constitutes a nuisance or constitutes a hazard to the health or safety of the public. Such determination shall only be made, after hearing, in a proceeding in person against the owner of such building or structure or in a proceeding in rem against such building or structure. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be established as liens
against the property on which the building or structure is located.
Any such work shall constitute a governmental function under
taken for public purposes, and the powers of taxation and eminent
domain may be exercised and public funds expended in furtherance
thereof."

THURSDAY, MARCH 13, 1969

1835

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide for municipal corpo rations having a population of more than 400,000 according to the last or any future Federal Decennial
"NO ( ) Census to carry out and enforce the removal or demolition, or closing and clearing of premises of individual or isolated properties or structures not of necessity a part of any slum or blighted area at public expense and said expense to be established as liens against the properties involved after a hearing and a determination that such properties or struc tures constitute a nuisance or hazard to the health or safety of the public?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vot against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams Alexander Anderson Atherton Ballard

Barber Barfield Battle Bell Bennett

Berry Black Blalock

1836
Bohannon Bond Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe D ailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat

JOURNAL OP THE HOUSE,

Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. R. Harris, R. W. Harrison
Hawes Henderson Hill, B. L. Hill, G. Holder Hood H orton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles

Milford Miller Moate Morris Mullinax Murphy Nash Northcutt Nunn Odom Paris Parker, C. A. Patterson Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman
Simmons Sims Smith, V. T. Snow Sorrells Sweat Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs. :

Bostick Bo wen

Brantley, H. H. Brantley, H. L.

Collier Collins, M.

Dean, N. Dickinson Farrar Gunter Hamilton Harris, J. F. Higginbotham Johnson Lambert

THURSDAY, MARCH 13, 1969

1837

Lane, W. J. Levitas Moore Nessmith Pafford Parker, H. W. Peterson Phillips, L. L. Poole

Shanahan Simkins Smith, J. R. Thomason Thompson, A. W. Townsend Winkles Mr, Speaker

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th and others:
A RESOLUTION
Proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article 7, Section 7 of the Constitution as amended, is further amended by adding to the end of said Section the following:
"provided, however, Fulton County may issue general obligation bonds for any permanent public improvement having anticipated life equal to or greater than the period within which said bonds are to be amortized, without submitting the issuance thereof to the voters of said County at a referendum, subject to the following restrictions and limitations:
1. The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said County and in at least one (1) of the daily newspapers of said County.
2. Not more than three million dollars ($3,000,000.00) in the aggregate in such bonds so issued without a referendum shall be issued in any fiscal year.
3. The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under

1838

JOURNAL OF THE HOUSE,

this amendment without a referendum, shall not exceed the limita tions provided elsewhere in this Section."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided an Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

FOR

(

AGAINST (

) To authorize Fulton County to issue not more than three million ($3,000,000.00) Dollars in General
) Obligation Bonds in any fiscal year without a ref erendum, but subject to a public hearing and the limitations imposed.

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell

Bennett Berry Black Blalock Bohannon Bond Bray Brooks Brown, B. D.

Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler

Clarke Cole Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes

THURSDAY, MARCH 13, 1969

1839

Henderson Hill, B. L. Hill, G. Holder Hood H orton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Morris Mullinax Murphy

Nash Northcutt Nunn Odom Paris Parker, C. A. Patterson Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simmons Sims Smith, V. T. Snow Sorrells Sweat Thompson, R.
Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Bostick Bowen Brantley, H. H. Brantley, H. L. Collier Collins, M.

Dean, N. Dickinson Farrar Gunter Hamilton Harris, J. F.

Higginbotham Johnson Lambert Lane, W. J. Levitas Moore

1840
Nessmith Pafford Parker, H. W. Peterson Phillips, L. L.

JOURNAL OF THE HOUSE,

Poole Shanahan Simkins Smith, J. R. Thomason

Thompson, A. W. Townsend Winkles Mr Speaker

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Mr. Matthews of the 16th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licenses for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.

The motion prevailed, and HB 804 was reconsidered.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The President has appointed on the part of the Senate, the following Senators:
Holloway of the 12th, Padgett of the 23rd, and Smith of the 18th.

THURSDAY, MARCH 13, 1969

1841

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 162. By Mr. Jones of the 59th:
A Bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporation and individuals; and for other purposes.

The President has appointed on the part of the Senate the following Senators:
Holley of the 22nd, Plunkett of the 30th, and Coggin of the 35th.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others: A Bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and London of the 50th: A Resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bill of the House, to-wit:

HB 121. By Mr. Vaughn of the 74th:
A Bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.

1842

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following' Bill of the House, to-wit:

HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, and others:
A Bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 101. By Senator Kidd of the 25th: A Resolution creating the Uniform Consumer Credit Code Study Com mittee ; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:
SR 43. By Senator Kidd of the 25th: A Resolution proposing an amendment to the Constitution so as to change the procedure for overriding a veto by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Resolution of the House was read:
HR 314. By Messrs. Smith of the 43rd and Busbee of the 61st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that the General Assembly do adjourn at 5:00 o'clock p.m., March 13, 1969, and reconvene at 10:00 o'clock a.m., April 23, 1969.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 13, 1969

1843

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Barber Barfield Berry Black Blalock Bohannon Brantley, H. L. Brooks, G. Brown, G. D. Brown, C. Burruss Busbee Caldwell Carnes Cates Chandler Clarke Connell Conner Dailey Daugherty Dean, J. E. Dent Dixon Dorminy Ellis Ezzard Felton Floyd, J. H. Funk Gary Gaynor Grahl

Graves Hadaway Hale Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Holder Horton Howell Hudson Hutchinson Joiner Jones, C. M. Jordan, H. S. Keyton Kreeger Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino 'Marcus Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Miles Miller Mullinax Murphy

Nessmith Northcutt Paris Parker, C. A. Parker, H. W. Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Simmons Sims Smith, V. T. Snow Sorrells Thompson, R. Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Anderson Ballard Battle Bell Bond Bostick Bo wen Brantley, H. H. Bray Buck Cato Cole Collier Coliins, M.

Collins, S. Colwell Conger Cook Cooper Crowe Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dodson Douglas Edwards

Egan Fallin Farmer Farrar Floyd, L. R. Gieisinger Gignilliat
Gunter Harris, J. F. Higginbotham Hill, B. L. Hill, G. Hood Johnson

1844
Jones, Herb Jones, M. Jordan, G. Keen Knapp Lane, Dick Leonard Lowrey Mason Maxwell Merritt

JOURNAL OF THE HOUSE,

Milford Moate Moore Morris Nash Nunn Pafford Patterson Peters Reaves Sherman

Simkins Smith, J. R. Sweat Thomason Thompson, A. W. Townsend Westlake Whaley Wilkerson Winkles

Those not voting were Messrs.:

Bennett Evans Hamilton Henderson Housley

Knowles Lambert Lane, W. J. Odom Peterson

Phillips, W. R. Poole Shepherd Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 106, nays 74.

The Resolution was adopted.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 207. By Mr. Conner of the 56th: A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.

Mr. Conner of the 56th moved that the House insist on its position in dis agreeing to the Senate amendment, and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Lee of the 21st, Ware of the 30th and Conner of the 56th.

THURSDAY, MARCH 13, 1969

1845

HB 210. By Mr. Conner of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensatingthe clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

Mr. Conner of the 56th moved that the House insist on its position in dis agreeing to the Senate amendment, and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Lee of the 21st, Ware of the 30th and Conner of the 56th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 194. By Senator Holley of the 22nd:
A Bill to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggre gate amount of shares does not exceed a certain percentage of its capi tal and unimpaired surplus; to repeal conflicting laws; and for other purposes.

SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A Bill to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

Mr. McClatchey of the 113th asked unanimous consent that the following:

1846

JOURNAL OF THE HOUSE,

Bill of the House be recommitted to the Committee on Special Judiciary for further study:

HB 16. By Messrs. Caldwell of the 39th. Williams of the llth and Moate of the 28th:
A Bill to be entitled an Act relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal specific laws; to provide an effective date; and for other pur poses.

The consent was granted, and HB 16 was recommitted.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 121. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, so as to provide for annual permits on overheight vehicles; to provide for indemnity bonds or proof of insurance protection as a condition precedent to the issu ance of such permits; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, is hereby amended by inserting at the end of subparagraph (c) of subsection (d) of Section 1 the following:
"(d) Overheight ._...,,._-............._._-----.._-_..--.._-_--.$25.00
(but not to exceed the height of fourteen (14) feet and six (6) inches) on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance pro tection conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appur-

THURSDAY, MARCH 13, 1969

1847

tenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his agents, or operators.",

so that when so amended subsection (d) of Section 1 shall read as follows:

"(4) Twelve (12) month permit on heavy equipment; (a) Overweight _______._______._____.________________________________________.$50.00 (b) Overlength ._.........................-........................._.._........._.-.$25.00 (c) Overwidth ,,,,_,,,,_____._._______.,,.____.___.____.___._.__._,,._ ____.__.________$25.00 (d) Overheight .........................._._....._.._._....__..._.__....-...-....$25.00

(but not to exceed the height of fourteen (14) feet and six (6) inches) on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance protec tion conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appur tenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permitee, his agents, or operators."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Vaughn of the 74th moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry

Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C.

Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Collier Collins, M.

1848
Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson Douglas Egan Ellis Evans Ezzard Farmer Parrar Pelton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood
Horton

JOURNAL OF THE HOUSE,

Housley Howell Hudson Hutchinson
Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Le vitas
Lewis Longino Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn

Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W.
Toles Townsend Vaughn Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Simmons Wilkerson

Voting in the negative was Mr. Cole.

Those not voting were Messrs.:

Bray Daugherty

DeLong Dixon

Dorminy Edwards

Fallin Floyd, J. H. Gunter Hale Hamilton

THURSDAY, MARCH 13, 1969

1849

Johnson Murphy Poole Rowland Simkins

Sweat Thompson, R. Wamble Westlake Mr. Speaker

On the motion to agree to the Senate substitute, the ayes were 173, nays 1.

The motion prevailed and the Senate substitute to HB 121 was agreed to.

The following- Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:

HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A Bill to be entitled an Act to amend "Georgia Military Forces Reor ganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.

The following Senate amendment was read:

Senator Smith of the 34th moves to amend HB 332 as follows:
By adding to the end of Subsection (c) of quoted Section 32 the following:
"Provided, however, that when so called to such State active duty, members and units may not be deployed to quell riots, insur rection or gross breach of the peace or to maintain order until an emergency has first been declared as provided in Section 7 of this Act or Section 2 of an Act approved February 15, 1957 (Ga. Laws 1957, p. 44)."

Mr. Gignilliat of the 89th moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

1850

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Clarke Collier Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson Douglas Egan Ellis Ezzard Fallin
Farmer
Farrar
Felton
Floyd, L. R.

Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey
McCracken
McDaniell
Melton
Merritt

Milford Miller Moate Moore Morris Mullinax Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson
Williams
Wilson
Wood

THURSDAY, MARCH 13, 1969

1851

Voting in the negative was Mr. Cole.

Those not voting were Messrs.:

Bowen Bray Brooks Caldwell Collins, M. Cook Daugherty DeLong Dixon Dorminy Edwards Evans

Floyd, J. H. Gunter Hale Hamilton Hargrett Johnson Jones, C. M. Lambert Lewis Mason Miles Murphy

Nash Pickard Poole Rainey Sherman Simldns Sweat Thompson Townsend Wamble Winkles Mr. Speaker

On the motion to agree, the ayes were 158, nays 1.

The motion prevailed and the Senate amendment to HB 332 was agreed to.

Mr. Melton of the 32nd requested that the following official revenue esti mate analysis from the Georgia Department of Revenue appear in the House Journal:

GEORGIA DEPARTMENT OF REVENUE Peyton S. Hawes
Revenue Commissioner

OFFICIAL REVENUE ESTIMATE ANALYSIS

In Regard To: House Bill 162

;

Date January 22, 1969

As requested by the Ways and Means Committee of the Georgia General Assembly the following estimate of effect on revenue is sub mitted based on information from current data obtained from existing laws:

Estimated Yield (Separate Filing) ADD: Joint Filing
Less Joint Table Net Additional Tax

+ 27,000,000 12,000,000.
39,000,000. 24,000,000.
15,000,000

1852

JOURNAL OF THE HOUSE,

PROFILE OF CURRENT DATA

Total Returns Returns over $15,000. Single Returns Married Separate Joint Under $15,000.

Returns 1,300,000
31,000 150,000 500,000 619,000

Amount 116,000,000, 53,000,000.
1,500,000. 29,500,000. 32,000,000,

EFFECT OF JOINT TABLE

Loss Over $15,000. Bracket Loss Single Bracket Loss Married Separate Bracket Loss Joint Under $15,000.

8,000,000, None None
50% 16,000,000,

Total Loss (Joint Table)

24,000,000, PEYTON S. HAWES Revenue Commissioner

GEORGIA DEPARTMENT OF REVENUE Peyton S. Hawes
Revenue Commissioner

OFFICIAL REVENUE ESTIMATE ANALYSIS

As requested by the Ways and Means Committee of the Georgia General Assembly the following estimate of effect on revenue is sub mitted based on information from current data obtained from existing laws:

CORPORATION TAX

Additional Tax--$16,000,000.
The present rate increased by 1% would yield an additional $13,000,000. We expect an additional $3,000,000 by adopting the Federal Net Tax able Income as adjusted.
PEYTON S. HAWES
Revenue Commissioner

The Speaker announced the House recessed until 1:30 p.m.
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

THURSDAY, MARCH 13, 1969

1853

SB 13. By Senators Carter of the 14th, Stephens of the 36th and others.
A Bill to be entitled an Act to amend the Minimum Foundation Act so as to change the provisions relating to the allotment of teachers, and for other purposes.

Mr. Parker of the 46th moved that further consideration of SB 13 be post poned for one hour.

On the motion to postpone, the roll call was ordered and the vote was as iollows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barber Battle Bell Black Bohannon Bostick Bo wen Brantley, H. H. Brown, C. Burruss Carnes Gates Cato Clarke ole Collier Colwell Conger Cbmiell ^Conner Cook Cooper, J. R. Crowe Dailey Daugherty Davis, W. Dean, J. E. Dent Kodson Dorminy Douglas Edwards T2gan Ellis Ezzard

Farmer Felton Gaynor Gignilliat Grahl Graves Gunter Hargrett Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan H. S. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Lowrey Marcus Mason McClatchey McDaniell Merritt Miles

Milford Miller Moore Morris Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, W. R. Roach Ross Rowland Rush Salem Shanahan Shepherd Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson, R. Toles Townsend Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams

1854

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Atherton Blalock Davis, E. T. Harris, J. F.

Higginbotham Leonard Mullinax Potts

Whaley Wilkerson

Those not voting were Messrs.:

Ballard Barfield Bennett Berry Bond Brantley, H. L. Bray Brooks Brown, B. D. Buck Busbee Caldwell Chandler Collins, M. Coiling, S. Dean, N. DeLong Dickinson Dixon Evans Fallin Farrar Floyd, J. H. Floyd, L. R.

Funk Gary Geisinger Hadaway Hamilton Hale Harrington Harrison Housley Howell Johnson Jones, C. M. Keyton Knowles Lee, W. J. (Bill) Le vitas Lewis Longino Matthews, C. Matthews, D. R. Mauldin Maxwell MeCracken Melton

Moate Northcutt Peterson Phillips, L. L. Pickard Pinkston Poole Rainey Reaves Russell Scarbrough Scarlett Sherman Simkins Simmons Sweat Thomason Thompson, A. W. Vaughn Wamble Ware Wilson Wood Mr. Speaker

On the motion to postpone, the ayes were 113, nays 10.

The motion prevailed and further consideration of SB 13 was postponed for one hour.

SB 9. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; and for other purposes.

The following substitute, offered by the Committee on Special Judiciary, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws

THURSDAY, MARCH 13, 1969

1855

1945, p. 362), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 720), and particularly by an Act approved March 11, 1968 (Ga. Laws 1968), p. 275), so as to reopen the time when a Judge serving on June 30, 1968 may enter said fund to be eligible to receive Judge Emeritus benefits and to provide for such Judges to pay into said fund; to change the time by which certain Superior Court Judges must exercise their option to have their widows receive certain benefits in the event of their death; to remove the age restriction therein; to provide that certain other Superior Court Judges shall have said option and for the exercise of said option within a cer tain time; to provide that certain Superior Court Judges exercising such option who may begin receiving the Judges Emeritus salary or widows benefit prior to age sixty shall continue certain payments to said fund until said Judge's sixtieth birthdate; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 720), is hereby amended by adding a third paragraph to Sec tion 9 to read and provide as follows:

"Notwithstanding any earlier provisions of this Section 9, any Judge of the Superior Court who was actually serving in office as a Superior Court Judge on June 30, 1968 shall be allowed at any time within ninety (90) days after the approval of this Act to join the Superior Court Judges Emeritus program and be entitled to the bene fits therein provided by paying into the Superior Court Judges Emeritus Fund the sums earlier provided for in Section 9 and thereafter paying into said fund as provided by law."

Section 2. An Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 275); is hereby amended by striking from the first paragraph of subsection (a) of Section 10A the following language:

"within 120 days after such date" and inserting in lieu therof the following language:
"by not later than September 30, 1969", so that when so amended the first paragraph of subsection (a) of Section 10A shall read as follows:
Any Superior Court Judge holding office on June 30, 1968, shall have the option, which must be exercised, if at all, by not later than September 30, 1969, of electing to have his widow receive for the re mainder of her life, upon his death, a benefit which shall be equal to the emeritus salary he would have received, except as otherwise pro vided in the subsection (c) of this section, had he lived and been

1856

JOURNAL OF THE HOUSE,

appointed Superior Court Judge Emeritus, subject to the following conditions:"

Section 3. Said Act is further amended by striking in its entirety paragraph (2) of subsection (a) of Section 10A and inserting in lieu thereof a new paragraph (2) so that when amended paragraph (2) of subsection 10A shall read as follows:

"(2). In the event any judge so electing to have his wife receive the benefits provided by this law who is not appointed Judge Emeritus as a result of disability shall begin drawing the Judges Emeritus salary or his widow shall begin drawing the equivalent benefits provided here in prior to the time of said judge's sixtieth birthdate, the State trea
surer shall deduct three percent (3%) of the emeritus salary paid by the State to said judge or three percent (3%) of the benefits paid by the State to his widow until the time of the sixtieth birthday of said judge and pay said deducted three percent (3%) into the Superior Court Judges Emeritus Fund. After the date of said judge's sixtieth birthday ,the deduction authorized herein shall cease and the said judge, or his widow, shall receive the full Judges Emeritus salary or benefits provided by law. The Judges Emeritus salary of any judge so electing who is appointed Judge Emeritus prior to age 60 as a re sult of disability shall not have deducted therefrom the three percent (3%) deduction provided for in this paragraph."

Section 4. Said Act is further amended by redesignating subsec tion (b) of Section 10A as subsection (c) and by adding a new subsec tion to Section 10A to be designated subsection (b) and to read as follows:

"(b) Any person becoming a Superior Court Judge after June 30, 1968, who will be eligible for appointment as Superior Court Judge Emeritus pursuant to the provisions of Section 8 of the 'Trial Judges and Solicitors Retirement Fund Act,' approved March 11, 1968 (Ga.
Laws 1968, p. 259), shall have the option provided in subsection (a)
of this Section, which must be exercised, if at all, within 60 days after
becoming a Superior Court Judge. All requirements and other provisions
of this Section shall apply to any judge exercising the option provided
for in this subsection."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 13, 1969

1857

Those voting in the affirmative were Messrs.:

Alexander Ballard Barber Black Bo stick Brantley, H. L. Carnes Cato Clarke Collier Conger Connell Cook Dailey

Dean, J. E. Dent Dorminy Douglas Edwards Ezzard Felton Grahl Harrison Hawes Horton Hutchinson Joiner Marcus

Matthews, C. McClatchey Melton Murphy Nunn Pafford Parker, C. A. Parker, H. W. Roach Rowland Shanahan Thompson, R. Wheeler, J. A.

Those voting in the negative were Messrs.

Anderson Battle Bell Berry Bohannon Brown, C. Gates Cole Collins, M. Colwell Crowe Davis, E. T. Dickinson Dixon Egan Ployd, J. H. Graves Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill, G.

Holder Hood Howell Hudson Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Knapp Lane, Dick Lee, W. S. Leonard Le vitas Lewis Lowrey Matthews, D. R. Mauldin Merritt Milford Miller Moore

Morris Mullinax Odom Patterson Peters Potts Ross Rush Salem Shepherd Smith, J. R. Sorrells Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wilkerson Winkles Wood

Those not voting were Messrs.:

Adams Atherton Barfield Bennett Blalock Bond Bowen Brantley, H. H. Bray

Brooks Brown, B. D. Buck Burruss Busbee Caldwell Chandler Collins, S. Conner

Cooper Daugherty Davis, W. Dean, N. DeLong Dodson Ellis Evans Fallin

1858
Farmer Farrar Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Gunter Hadaway Hale Hamilton Hargrett Harrington Henderson Hill, B. L. Housley Johnson Jones, M. Keen Keyton

JOURNAL OF THE HOUSE,

Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Longino Mason Maxwell McCracken McDaniell Miles Moate Nash Nessmith Northcutt Paris Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard

Pinkston Poole Rainey Reaves Russell Scarborough Scarlett Sherman Simkins Simmons Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W. Townsend Wamble Williams Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 41, nays 64.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Collier of the 54th gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 9.

The following Resolutions of the House were read and adopted:

HR 317. By Messrs. Edwards and Black of the 45th:
A RESOLUTION
Commending Mrs. Lula Wilson; and for other purposes.
WHEREAS, Mrs. Lula Wilson has formally retired after 35 years' service as the director of the Department of Family and Children Serv ices in Taylor County; and
WHEREAS, when she became the first caseworker in Taylor Coun ty, there were 12 people receiving aid from the county Welfare De partment; and
WHEREAS, the budget when she first started to work was ap proximately $7 per person compared with an average of $50 to $60 per month today; and

THURSDAY, MARCH 13, 1969

1859

WHEREAS, there are currently 398 persons in the county who re ceive $21,447 each month in Old Age Assistance; 7 who receive $474 each month in Aid to the Blind; 139 families with 528 children who re ceive $13,119 each month in Aid to Dependent Children; and 85 disabled persons who receive $4,741 each month; and

WHEREAS, Mrs. Wilson has devoted her entire adult life to help ing others.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mrs. Lula Wilson for her dedicated service to the needy persons and families in Tayior County and extends to her best wishes upon her retirement.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Lula Wilson.

HR 318. By Mr. McClatchey of the 113th:
A RESOLUTION
Designating April 1969 as "Cancer Control Month"; and for other purposes.
WHEREAS, there is a definite dawning of a new sense of the beginning of victory in the fight to conquer cancer; and
WHEREAS, priorities for governmental financing required for the demanding domestic and foreign problems make the research support of the American Cancer Society critical in preventing a "progress gap" at this time when we are beginning to win; and
WHEREAS, thirty Georgians every day will continue to develop cancer, and more than 5,500 a year will lose their lives to cancer until this disease is finally conquered; and
WHEREAS, early detection and prompt treatment remains today the best insurance against incurable cancer, and knowledge of the 7 Warning Signs of Cancer and the annual and adequate cancer detection examination are the best assurance of early detection if cancer strikes; and
WHEREAS, the annual Education-Funds Crusade of the American Cancer Society, Georgia Division, mobilizes the greatest number of Georgians in a concerted effort to alert people personally to the dan gers of cancer and the urgent need for educated individual action to present further needless cancer deaths.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that April 1969 be observed as "Cancer

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JOURNAL OF THE HOUSE,

Control Month" in Georgia, and that all Georgians be encouraged to cooperate with and support the work of the American Cancer Society, Georgia Division, to prevent needless and untimely deaths caused by cancer through early treatment education, to relieve suffering through volunteer patient service, and to speed the final conquest of cancer through extended research activities.

HR 319. By Messrs. Bowen and Rainey of the 47th, Bostiek of the 63rd Edwards of the 45th and Hudson of the 48th:
A RESOLUTION
Urging the U. S. Department of Defense to compensate Mr. Oliver C. Forehand; and for other purposes.
WHEREAS, Mr. Oliver C. Forehand filed an application for a patent for an invention which provides a guidance system for missiles, particulary for rocket-propelled and similar missiles of the type now employed as space satellites; and
WHEREAS, this application was granted by the U. S. Patent Of fice on May 3, 1966, as Patent No. 3,249, 325; and
WHEREAS, the U. S. Department of Defense has been using this invention since May 3, 1966, the date Mr. Forehand was granted a patent on his invention; and
WHEREAS, Mr. Forehand has not been compensated in any man ner by the U. S. Department of Defense for the use of his patented invention.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the U. S. De partment of Defense to investigate this matter to determine if Mr. Forehand is entitled to compensation for the use of his patented in vention by the U. S. Department of Defense and to compensate Mr. Forehand therefor if the investigation reveals that the U. S. Depart ment of Defense has been using his patented invention without his permission.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Honorable Melvin Laird, Secretary of Defense; U. S. Senator Richard B. Russell; U. S. Senator Herman E. Talmadge; and U. S. Congressman Maston O'Neal.

HR 320. By Messrs. Edwards and Black of the 45th and Phillips of the 38th: A RESOLUTION
Commending Honorable John Turk; and for other purposes.

THURSDAY, MARCH 13, 1969

1861

WHEREAS, Mr. John Turk is a successful restaurateur and a sage philosopher; and

WHEREAS, he is the owner of the most famous restaurant in the metropolitan area of Butler, Georgia; and

WHEREAS, his well-known establishment is frequented by people from all walks of life; and

WHEREAS, his restaurant is the headquarters for the latest in formation on items of local interest such as ball scores and political and social rumors; and

WHEREAS, everyone has to go by Turk's and catch up on the latest news and eat a Turkburger before the day can be complete.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate John Turk for operating such a fine restaurant and reliable information bureau.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. John Turk.

HR 321. By Mr. Leonard of the 3rd:
A RESOLUTION
Commending the Murray County High School Basketball Team; and for other purposes.
WHEREAS, the Murrary County High School Basketball Team culminated a successful season by winning the Class A Championship in Macon, Georgia, last Saturday night, March 8, 1969; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, the team is ably coached by Coach Kenneth Ross and his brother, Assistant Coach Frank Ross; and
WHEREAS, the 1968-69 Murray County High School Basketball Team has demonstrated to the people of this State a fine competitive spirit and the highest principles of sportsmanship and athletic ability.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and extend its sincerest congratulations to Coach Kenneth Ross, Assistant Coach Frank Ross, and to each and every member of the 1968-69 Murray

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JOURNAL OP THE HOUSE,

County High School Basketball Team for their successful season and for winning the State Class A Championship Title.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to Coach Kenneth Ross, Assistant Coach Frank Ross, and to the Principal of Murray County High School, and to each member of the 1968-69 Murray County High School Basket ball Team.

BR 322. By Messrs. Bennett and Reaves of the 71st:
A RESOLUTION
Commending the Valdosta High School "Wildcats" football team; and for other purposes.
WHEREAS, the 1968 Valdosta "Wildcats" football team completed an undefeated season and won the State AAA Championship in At lanta; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, the Valdosta "Wildcats", coached by Coach Wright Bazemore, have compiled an enviable record by winning more State championships than any other football team in the history of the State of Georgia; and
WHEREAS, the 1968 Valdosta "Wildcats" have demonstrated to the people of this State a fine competitive spirit and the highest prin ciples of sportsmanship and athletic ability.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and extend its sincerest congratulations to Coach Wright Bazemore and to each and every member of the 1968 Valdosta High School "Wildcats" football team for their outstanding season and for winning the State AAA Championship Title.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Coach Wright Bazemore and to each member of the 1968 Valdosta High School "Wildcats" football team.

HR 323. By Mr. Bennett of the 71st:
A RESOLUTION Commending the Five Outstanding Young Men of Georgia; and for other purposes.

THURSDAY, MARCH 13, 1969

1863

WHEREAS, the Georgia Jaycees recently named as the "Five Out standing Young Men of Georgia" five most capable and distinguished individuals, and

WHEREAS, the Honorable Max Cleland, from Lithonia, is twentysix years old, and he volunteered for active duty in Vietnam. In April, 1968, he received the Silver Star for action above and beyond the call of duty while administering first aid to his wounded comrades; and four days later, at the cost of injuries to himself, he saved the lives of many of his comrades by retrieving a live hand grenade. He received the Soldier's Medal of Heroism for this action; and

WHEREAS, the Honorable Neil Holton, from Macon, is thirty-five years old, and is now a Major and Executive Officer of the 151st Avia tion Battalion. He is the top salesman for the American Office Equip ment Company, and he has served as Chairman of the Aviation SubCommittee of the Macon Chamber of Commerce. He has been active with the Boy Scouts, March of Dimes, PTA Council and Civil Defense; and

WHEREAS, the Honorable Charles Jay, from Macon, is thirty years old, and is Executive Vice-President of Home Federal Services and Loan, Macon, and he is the first person to have been presented with a lifetime honorary membership in the Macon Chamber of Commerce. He is a trustee of Tift College, and a member of the Board of Deacons of the Vineville Baptist Church of Macon; and

WHEREAS, John T. Lackey, from Gainesville, is Vice-President and Director of Home Federal Savings and Loan in Gainesville, and he is a past State President of the Georgia Jaycees; he has been active in drives helping the Hall County Cancer Society and the Salvation Army; and

WHEREAS, the Honorable Fred S. Clark, from Savannah, is thirtytwo years old, and he is Assistant City Attorney for Savannah. He is ac tive in the Savannah Jaycees, Legal Aid Society and the Board of Edu cation. He, while at the University of Georgia, founded the Athens Legal Aid Socity, and he now serves as Chairman of the Citizens Advisory Committee on Community Improvement and Urban Renewal; and

WHEREAS, each of these magnificent men has conducted himself in such a manner that the people of Georgia are both proud and pleased.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the abovenamed men for being chosen as the Five Outstanding Young Men of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to each of the above named men.

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JOURNAL OP THE HOUSE,

HR 324. By Messrs. Smith and Leonard of the 3rd, Atherton, Kreeger, McDaniell and Wilson of the 117th, Harris of the 10th, Crowe and Snow of the 1st, Floyd of the 7th and Murphy of the 19th:

A RESOLUTION
Designating March 18, 1969, as "Seventh District Legislative Asso ciation Day"; and for other purposes.
WHEREAS, the members of the Seventh District Legislative As sociation have rendered outstanding service, not only to the Seventh Congressional District of Georgia, but to the entire State as well; and
WHEREAS, the members of that Association, including those members who are presently serving in the General Assembly of Georgia and those who have previously served in the General Assembly of Geor gia, are planning outstanding activities for Tuesday, March 18, 1969, on which date the Association will meet in Atlanta, Georgia; and
WHEREAS, the membership of the Association includes judges, doctors, lawyers, teachers, State officials, game and fish experts, in surance experts, and many outstanding businessmen; and
WHEREAS, the members of the Association are active in the civic, religious and public affairs of their localities; and
WHEREAS, on the aforesaid date the members of the Association will visit the members of the House of Representatives and the Senate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that in honor of the illustrious members of the Seventh District Legislative Association this body hereby designates March 18, 1969, as "Seventhh District Legislative Association Day".
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Chairman of the Association.

HR 325. By Mr. Brown of the 110th:
A RESOLUTION
Commending the Butler Street YMCA; and for other purposes.
WHEREAS, the Butler Street YMCA will celebrate its first 75 years of existence this spring; and
WHEREAS, the Butler Street YMCA has approximately 20,000 members, 50 employees, and an annual operating budget of almost $400,000.00; and

THURSDAY, MARCH 13, 1969

1865

WHEREAS, of the 20,000 persons served in 1968, approximately 12,000 were young men and boys and 1,000 of these took part in super vised programs through Economic Opportunity Atlanta; and

WHEREAS, it has allways been the policy of the Butler Street YMCA to never turn away a youngster whether or not he had the money to pay fees; and

WHEREAS, approximately 70 per cent of those served by the But ler County YMCA come from very poor families; and

WHEREAS, the Butler Street YMCA is one of the finest organiza tions of its kind in the United States and has performed an outstanding service for the metropolitan Atlanta area during its entire existence; and

WHEREAS, the Butler Street YMCA plans to gain 50,000 new members in 1969 and is beginning a fund drive in the hope of raising $75,000.00 in cash.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby com mend the Butler Street YMCA for its many years of outstanding service to the people of the metropolitan Atlanta area and wish it success in reaching the goals it has established for the year 1969.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Butler Street YMCA.

HR 326. By Messrs. Matthews of the 63rd and Smith of the 43rd:
A RESOLUTION
Commending several young ladies who are employed by the Nation al Dairy Association; and for other purposes.
WHEREAS, Mrs. Louise M. Booth, Dairy Council of South Georgia, Miss Betty West, Dairy Council of South Georgia, Miss Cheryl Fingarson, Dairy Council of the Chattahoochee Valley, Miss Vi Halas, Dairy Council of Savannah, Georgia, and Miss Jennie Enriis, Dairy Council of Central Georgia are most attractive young ladies who are doing an outstanding job in the public relations field with the National Dairy Association; and
WHEREAS, through their job with the National Dairy Association, they are making a significant contribution to the dairy industry in the State of Georgia; and
WHEREAS, the members of this body realize that the dairy indus try is one of the most important business enterprises in this State, and

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WHEREAS, all of the members of this body are cognizant of the health characteristics of dairy products.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the above-named young ladies for the efforts they are making in behalf of the dairy industry of Georgia, and for the outstanding con tributions they are making toward the continued progress of such in dustry.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to each of the young ladies named herein.

HR 327. By Messrs. Peterson and Nunn of the 41st:
A RESOLUTION
Commending Honorable Eric P. Staples; and for other purposes.
WHEREAS, Honorable Eric P. Staples, Principal of Perry High School, whose name has become legendary in Georgia high school bas ketball, recently announced that he will retire at the end of the present school year, after serving 42 years as a teacher, coach, and principal, the last 36 of which have been at Perry High School; and
WHEREAS, during his coaching career, he compiled a lifetime bas ketball record of 924 victories and 198 losses; and
WHEREAS, the teams that he has coached have won eight Georgia high school basketball championships and eight golf titles; and
WHEREAS, in addition to his outstanding accomplishments in the area of public education and coaching, he has been very active in civic and community affairs, having held the offices of President of the Perry Kiwanis Club, Worshipful Master of the Houston Masonic Lodge, Presi dent of Region 1-A of the Georgia High School Association for five years, and Director of the Third District of the Georgia Education As sociation for three years; and
WHEREAS, May 2, 1969, has been proclaimed as "Eric Staples Day" so that the citizens of Perry will have an opportunity to express their appreciation to him for the many years that he has unselfishly devoted his time and effort toward the development of the young people of their community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Eric P. Staples for his many outstanding accomplishments and for the tremendous contributions he has made to public education in Perry, Georgia.

THURSDAY, MARCH 13, 1969

1867

BE IT FURTHER RESOLVED that the members of this body who are representing Houston County are hereby authorized and directed to present an appropriate copy of this resolution to Honorable Eric P. Staples on "Eric Staples Day".

HR 328. By Mr. Hadaway of the 27th:
A RESOLUTION
Expressing sincerest regrets for the passing of the Honorable Walter Barren Williams; and for other purposes.
WHEREAS, the Honorable Walter Barren Williams, a highly re spected and admired member of this Body for ten years and of the Senate for one term, passed away on October 10, 1968, at the age of seventy-nine years; and
WHEREAS, this magnificent man was of the highest status and character, and whatever enterprise he decided to engage upon, he would pursue the task with an inspired dedication equalled by none; and
WHEREAS, in the City of Grey, and in Jones County, he was a successful farmer, cattleman, timberman and contractor; and
WHEREAS, in addition to his private enterprises, he found the time and energy to provide new leadership to the Rural Roads Authority, and he was Chairman of the Jones County Democratic Executive Committee and a member of the State Democratic Executive Committee; and
WHEREAS, he was President of the Macon Production Credit As sociation, President of the Jones County Kiwanis Club, and an active member of the Farm Bureau; and
WHEREAS, he was educated at Mercer University where he was a member of Phi Delta Theta Social Fraternity; and
WHEREAS, he was a member of the Gray Methodist Church and he served on the Board of Stewards; and
WHEREAS, in addition to all pursuits, he was a dedicated and loving father and husband, as he valued his family above all else.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its deepest and sincerest regrets for the passing of the Honorable Walter Barron Williams.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the family of the Honorable Walter Barron Williams.

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HR 329. By Messrs. Edwards and Black of the 45th:

A RESOLUTION

Commending Mr. Perry Benjamin Wells and Mr. Murray Smith; and for other purposes.

WHEREAS, Mr. Perry Benjamin Wells has been named the 1969 STAR Student for the Marion School System by the Buena Vista Lions Club; and

WHEREAS, he is the son of Mr. and Mrs. M. B. Wells, Jr., and is a senior at the Marion County High School; and

WHEREAS, the STAR Student has selected Mr. Murray Smith of Marion County High School as his STAR Teacher because of the great contribution Mr. Smith has made to his scholastic development; and

WHEREAS, STAR Students are chosen on the basis of scores made on the College Board Scholastic Aptitude Test and averages the first semester of the senior year; and

WHEREAS, School System STAR Students and STAR Teachers from all over the State will be awarded a trip to Atlanta by their sponsors to be specially honored at the Georgia Chamber of Commerce STAR Banquet at The Regency Hyatt House, Friday, April 18, 1969; and

WHEREAS, it is the desire of the members of this body to recog nize the STAR Student and STAR Teacher of the Marion County High School.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Perry Benjamin Wells and Mr. Murray Smith for being selected as the STAR Student and the STAR Teacher for the Marion School System.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Mr. Perry Benjamin Wells and to Mr. Murray Smith.

HR 303-889. By Mr. Jordan of the 55th:
A RESOLUTION
Requesting the Commissioner of Labor of the State of Georgia to promulgate specific rules covering safety standards for industrial work ers who are exposed to formaldehyde fumes and vapors; and for other purposes.

THURSDAY, MARCH 13, 1969

1869

WHEREAS, the Department of Labor of the State of Georgia has promulgated an occupational health and safety code through their in spection division effective as of August 27, 1969, and such regulation specified the minimum requirements for safety in Georgia industries, including control of vapors and fumes that might be detrimental to the health of the workers, particularly in Chapter 300-3-17.01 relating to harmful vapors and fumes; and
WHEREAS, harmful vapors and fumes cause damage to the health of workers including permanent damage in many cases and that at times when the temperature rises in the working atmosphere depending on the conditions of the particular work environment such fumes and vapors become exceedingly hazardous; and
WHEREAS, vapors from formaldehyde have been recognized as being detrimental to the health of workers and such detriment has been documented by the American Conference of Industrial Hygienists on page 93 of a report by the Committee on Threshold Limit Values, showing that formaldehyde is an irritant to the eyes and the respiratory tract and also to the skin; and
WHEREAS, the Inspection Division of the State Labor Department in their occupational code have specified no limit of tolerance of work ers to various concentrations of fumes and vapors of formaldehyde and the effect of temperature in the working environment as effecting tol erance to formaldehyde vapors.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby request the Com missioner of Labor of the State of Georgia to promulgate specific rules covering safety standards to be used where formaldehyde fumes and vapors are present in the working atmosphere to which industrial work ers in the State of Georgia are exposed. The Commissioner of Labor is hereby requested to set limits to concentration and time of exposure to such harmful fumes and vapors in accordance with the tolerances as out lined in the U. S. A. Standards Committee on Acceptable Concentration of Toxics, Dusts, and Gases Z-37 approved September 7, 1967, by the U. S. A. Standards Institute.

BE IT FURTHER RESOLVED, that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to the Commissioner of Labor of the State of Georgia.

The following Resolutions of the House and Senate were read and deferred to the committees:

HR 330. By Messrs. Adams of the 100th, Johnson of the 29th, Anderson of the 49th, Smith of the 39th, Williams of the llth and others:
A RESOLUTION
Creating the Committee to Study the Motor Vehicle Inspection Laws; and for other purposes.

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WHEREAS, the Motor Vehicle Inspection Law of Georgia has been attacked from many quarters on grounds that it is not effectively doing the job for which it was designed; and

WHEREAS, the law has been amended several times over the years, and yet there still seem to be numerous objections; and

WHEREAS, there are motor vehicle inspection laws in other States which are successful, and it would be extremely worthwhile for several members of the House to familiarize themselves with Georgia's law and then to investigate the administration of other States' laws to determine why those laws are successful.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES OF GEORGIA that there is hereby created the "Committee to Study the Motor Vehicle Inspection Laws", to be com posed of ten (10) members of the House of Representatives chosen by the Speaker; the Speaker shall select the chairman.

The Committee shall study and familiarize itself with the Georgia Motor Vehicle Inspection Laws and then inquire of other States which have had success with their laws, as to the manner and means by which they administer their laws. It shall be the Committee's duty to discover why the laws of other States are successful and to make recommenda tions in order to make Georgia's laws effective and efficient. The Com mittee shall make such recommendations as it deems necessary in a re port to the General Assembly on or before December 31, 1969, at which time the Committee shall stand abolished.

The Committee members shall be paid such expenses and allowances as are authorized to members of interim legislative committees, but no longer than 20 days unless an extension is authorized by the Speaker. All funds for operation of the Committee shall come from funds appro priated to or available to the Legislative Branch of the State Gov ernment.

Referred to the Committee on Motor Vehicles.

SR 100. By Senator Broun of the 46th:
A RESOLUTION
Commemorating James Melton; and for other purposes.
WHEREAS, the late Mr. James Melton has been the only nativeborn Georgian to attain stardom as a leading tenor with the famed Metropolitan Opera Company of New York; and
WHEREAS, Mr. Melton was a native Georgian having been born on January 2, 1904, in Moultrie, Georgia; and

THURSDAY, MARCH 13, 1969

1871

WHEREAS, he attended the University of Georgia during 1922-23 and graduated from Vanderbilt University in 1924; and

WHEREAS, he made his first theatrical debut in April 1923 as a a leading man in a musical comedy, "The Varieties of 1923", sponsored by the Athens Rotary Club for their charities; and

WHEREAS, he made his professional debut as a singer with the Roxy Gang at the Roxy Theater in New York in 1927; and

WHEREAS, he was a member of the Chicago Opera Association from 1938 to 1943 and a member of the Cincinnati Opera from 1938 to 1939; and

WHEREAS, he was the leading tenor for the world-famed Metro politan Opera Company of New York from 1942 to 1944 and was ac claimed by critics all over the world for his matchless performances; and

WHEREAS, he was acclaimed throughout the world on concert tours and also sang in a number of musical film productions for Warner Brothers Pictures Corporation; and

WHEREAS, he was a famous radio and television performer and starred in such radio programs as "The Texaco Star Theater", "The Bell Telephone Hour" and "Harvest of Stars" and the "Ford Festival" over NEC television; and

WHEREAS, he passed away in 1961, thus ending the career of a truly beloved Georgian and one of the greatest artists of our time; and

WHEREAS, although he has passed on, it is fortunate that his beau tiful voice has been preserved for the enjoyment of people throughout the world who love fine music, and we may feel justly proud of this native Georgian who attained such great heights in the field of music.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby au thorized and directed to install a plaque at a suitable location in the State Capitol or in another appropriate State building commemorating Mr. James Melton and enumerating his outstanding accomplishments.

Referred to the Committee on Rules.

HR 331. By Messrs. Ware of the 30th and Felton of the 95th: A RESOLUTION
Creating the State Claims Study Committee; and for other purposes.

1872

JOURNAL OF THE HOUSE,

WHEREAS, the General Assembly is called upon to consider a large number of compensation resolutions each session, and the claims upon which such resolutions are based are presently processed through the Claims Advisory Board, which was created by the General Assembly
for such purposes; and

WHEREAS, for many years the procedure for handling claims against the State has been discussed by members of the General As sembly and various proposals relative thereto have been offered; and

WHEREAS, the basic point involved is the fact that the Govern ment is immune from suit unless it grants permission for action to be taken.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Claims Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee shall study the entire pro cedure relative to claims against the State and all proposals concerning the subject. It shall study the possibility of creating a Claims Court or providing insurance coverage, or other possibilities for processing such claims. The Committee shall seek the advice and counsel of the Claims Advisory Board and the Legislative Counsel. The Committee shall study the laws of other states on such subject and the administration of such laws. The Committee is hereby authorized to engage in travel both within and without the State in conducting its study. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 15 days. The Committee shall make a report of its findings and recommendations on or before December 1, 1969, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropri ated to and available to the legislative branch of the government.

Referred to the Committee on Special Judiciary.

HR 332. By Messrs. Rainey of the 47th, Whaley of the 93rd, Colwell of the 5th, Grahl of the 40th, Mullinax of the 30th, Parker of the 46th and Nash of the 13th:
A RESOLUTION
Creating the Shrimp Fishing Study Committee; and for other purposes.
WHEREAS, the shrimp fishing industry is of great economic and commercial importance to the State of Georgia; and
WHEREAS, all reasonable steps should be taken to preserve, pro tect and further develop this important industry; and

THURSDAY, MARCH 13, 1969

1873

WHEREAS, there are many complex aspects of the shrimp fishingindustry that should be thoroughly understood by the members of the General Assembly in order for them to act in the best interests of the people of the State of Georgia when considering measures coming be fore them affecting the shrimp fishing industry.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Shrimp Fishing Study Committee to be composed of seven members of the Game and Fish Committee of the House of Representatives to be appointed by the Speaker of the House of Representatives. Said Committee shall be au thorized to study all matters relating to the preservation, protection and the further development of the shrimp fishing industry of the State of Georgia.
BE IT FURTHER RESOLVED that each member of the committee shall be authorized to receive the expenses and travel allowances au thorized by law for legislative members of interim legislative commit tees. Each member of the committee shall receive such expenses and travel allowances authorized by law for legislative members of interim legislative committees. Each member of the committee shall receive such expenses and travel allowances from the funds appropriated to or otherwise available to the legislative branch of government. Such expenses or travel allowances shall not be received for more than fifteen (15) days.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which shall be accompanied by such proposed legislation as might be recommended by said com mittee. Such report shall be made on or before the day the 1970 session of the General Assembly convenes and said Committee shall stand abolished as of the day said 1970 session convenes.

Referred to the Committee on Game and Fish.

HR 333. By Messrs. McCracken of the 36th and Howell of the 60th:
A RESOLUTION
Creating the Office of the Comptroller General Study Committee; and for other purposes.
WHEREAS, during the present 1969 session of the Georgia General Assembly, House Bills 357, 358 and 359 have been introduced; and
WHEREAS, these said bills provide for a transfer of certain pow ers, duties and responsibilities presently vested in the Comptroller General to other agencies and departments of State government; and
WHEREAS, the areas of activities presently supervised by the Comptroller General and affected by said bills are of vital importance to the welfare of the citizens of the State of Georgia; and

1874

JOURNAL OF THE HOUSE,
WHEREAS, a thorough and exhaustive study of the advisability of the enactment of House Bills 357, 358 and 359 is imperative before ac tion is taken thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Office of the Comptroller General Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive investigation into the advisability and all ramifications embraced within the enactment of House Bills 357, 358 and 359. The Committee shall be authorized to meet for a period not in excess of ten (10) days. The Committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The members of the Committee shall receive the compensation, per diem, ex penses and allowances authorized for legislative members of interim study committees.

Referred to the Committee on Industry.

HR 334. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton, Henderson and Burruss of the 117th:
A RESOLUTION
Urging the State Highway Department to make a study to deter mine the most desirable entrance and exit patterns so as to provide for the safety of individuals using 1-75, 1-285, U. S. #41 and Spring Road near Smyrna, Georgia.
WHEREAS, traffic leaving 1-75 and 1-285 must cross eight lanes of traffic on U. S. #41 to enter Spring Road; and
WHEREAS, north bound traffic leaving U. S. # 41 must cross four lanes of traffic to enter Spring Road; and
WHEREAS, traffic leaving Spring Road to enter U. S. #41 is subjected to long lines of traffic on U. S. #41, causing a back-up to Campbell Road; and
WHEREAS, five separate accidents have occurred in this area since December 1, 1968; and
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the State High way Board to make a study to determine the safest entrance and exit pattern so as to provide for the safety of individuals using 1-75, 1-285, U. S. #41 and Spring Road.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri-

THURSDAY, MARCH 13, 1969

1875

ate copy of this Resolution to the Chairman and members of the State Highway Board of Georgia.

Referred to the Committee on Highways.

HR 335. By Messrs. Whaley of the 93rd, Rainey of the 47th, Rush of the 51st, Phillips of the 38th, Adams of the 100th, Bostick of the 63rd, Higginbotham of the 75th, Lane of the 101st and Jones of the 87th:
A RESOLUTION
Creating the Striped Bass Study Committee and for other purposes.
WHEREAS, a previous interim study committee on striped bass has made preliminary findings that the development of an adequate striped bass fishing industry could increase tourism expenditures in this State by an estimated 10 million dollars annually; and
WHEREAS, there are many other benefits that the citizens of our State would derive from the development of a striped bass fishing in dustry; and
WHEREAS, said previous committee expressed the firm belief that this matter should be given further study by the General Assembly in cooperation with personnel of the State Game and Fish Commission in order to insure that Georgia fully realizes the great potential avail able to it in the development of an adequate striped bass fishing in dustry.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Striped Bass Study Committee to be composed of six members of the Game and Fish Committee of the House of Representatives to be appointed by the Speaker of the House of Representatives. Said Committee shall continue to study the matters relating to the development of a striped bass fish ing industry in the State of Georgia and shall be authorized to co operate with personnel of the Game and Fish Commission in carrying out its duties and responsibilities.
BE IT FURTHER RESOLVED that each member of the committee shall be authorized to receive the expenses and travel allowances au thorized by law for legislative members of interim legislative commit tees. Each member of the committee shall receive such expenses and travel allowances from the funds appropriated to or otherwise available to the legislative branch of government. Such expenses or travel allow ances shall not be received for more than ten (10) days.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which shall be accompanied by such proposed legislation as might be recommended by said commit-

1876

JOURNAL OP THE HOUSE,

tee. Said Committee shall stand abolished as of the day said 1970 ses sion convenes.

HR 336. By Messrs. Adams of the 100th, Rainey of the 47th, Parker of the 46th, Mullinax of the 30th, Dickinson of the 118th and others:
A RESOLUTION
Creating the committee to study the feasibility creating a separate Division within the Game and Fish Commission for the regulation of boating; and for other purposes.
WHEREAS, the Game and Pish Commission is presently in charge of registering boats and maintaining the laws, rules and regulations which relate to boats; and
WHEREAS, the Commission's operations concerning boats have gotten so widespread and large, that it appears that the said operations could be more efficiently administered if a separate boating division were created within the Game and Fish Commission; and
WHEREAS, many of the States surrounding Georgia have separate boating departments within their respective Game and Fish Commis sions, and, from all accounts, these administrative bodies have found the arrangement successful; and
WHEREAS, it would be a meritorious use of legislators' time and energies to determine the feasibility of creating a separate boating di vision within the State Game and Fish Commission of Georga.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Game and Fish Boating Division Study Committee" to be composed of ten members of the House of Representatives chosen by the Speaker.
The Committee shall do all things necessary or desirable to enable it to determine the feasibility of creating a separate division within the State Game and Fish Commission, which division shall be in charge of all activities relating to boats.
The Committee shall prepare a report of its findings and submit same to the Clerk of the House for printing on or before December 1, 1969, at which time the Committee shall stand abolished.
The members of the Committee shall receive such expenses and allowances as are authorized to legislative members of interim commit tees, but for no longer than 20 days.
All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

THURSDAY, MARCH 13, 1969

1877

Referred to the Committee on Game and Pish.

HR 337. By Messrs. Collins of the 72nd, Alexander of the 108th, Daugherty of the 109th, Thomason of the 77th, Davis and Floyd of the 75th:
A RESOLUTION
Creating the Georgia Administrative Procedure Act Study Com mittee; and for other purposes.
WHEREAS, there have been objections concerning the Georgia Administrative Procedure Act on grounds that the Act excludes too many Georgia Departments and agencies; and
WHEREAS, many of the Departments and agencies which are cov ered by the Act have objected to the various strict requirements con tained in the Act; and
WHEREAS, it would be extremely worthwhile for a five-man in terim House Committee to familiarize itself with the various provisions, of the Administrative Procedure Act to see if it should be amended in such a manner as to meet the above objections.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Georgia Ad ministrative Procedure Act Study Committee", to be composed of five members of the House of Representatives chosen by the Speaker.
The Committee shall study the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended, to see whether its coverage should be extended to one or more of the various Departments and agen cies of State Government which are now covered, and to see whether some of the Act's provisions operate to hamper administrative proce dures and at the same time do not serve the constitutional requirement that persons affected be afforded due process of law.
The Committee may elicit testimony from State Department and agency officers and personnel, and may consult with experts in order to arrive at meaningful and proper decisions.
The Committee shall prepare a report of its findings and recom mendations which shall be submitted for publication to the Clerk of the House on or before December 1, 1969, at which time the Committee shall stand abolished.
The members of the Committee shall receive such expenses and allowances as are authorized to legislative members of interim commit tees, but for no longer than 10 days, unless and extension is granted by the Speaker.
All funds necessary for operation of the Committee shall come

1878

JOURNAL OF THE HOUSE,

from funds appropriated to or available to the legislative branch of the State government.

Referred to the Committee on Judiciary.

HR 338. By Mr. Levitas of the 77th:
A RESOLUTION
Creating a Committee to Study the Distribution, Preservation, and Bibliographical Control of the Official Publications of the State of Georgia; and for other purposes.
WHEREAS, the preservation, distribution and bibliographical con trol of the official publications of the State of Georgia have been ac complished on a haphazard basis with no orderly processes involved; and
WHEREAS, it is imperative that study be given to the procedure for such distribution, preservation and control with a view towards possible legislation in this area; and
WHEREAS, such a study would prove to be of great benefit to the State and to the members of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to Study the Distribution, Preservation, and Bibliographical Control of the Official Publications of the State of Georgia. The Committee shall be composed of seven members as follows: Four members of the House to be named by the Speaker, the State Librarian, the Director of the De partment of Archives and a member of the Georgial Library Association to be appointed by the President of that Association. The Committee shall study all matters relative to the distribution, preservation and bibliographical control of the official publications of the State of Geor gia. The Committee shall study the laws of other states concerning this subject and shall consult with persons knowledgeable in this field. The legislative members of the Committee shall receive the allowances au thorized by law for legislative members of interim legislative commit tees but shall receive the same for not more than ten days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The Committee shall make a report of its findings and rec ommendations on or before December 1, 1969, on which date the Com mittee shall stand abolished.
Referred to the Committee on Judiciary.

Under the general order of business, established by the Committee on Rules,

THURSDAY, MARCH 13, 1969

1879

the following Bills of the Senate were taken up for consideration and read the third time:

SB 174. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Games Gates Cato Chandler Clarke Cole Collier

Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger

Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles

1880
Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moore Morris Mullinax

JOURNAL OF THE HOUSE,

Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Salem Scarborough Scarlett Shanahan

Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Bobannon Buck Caldwell Collins, M. DeLong Dorminy Evans Ezzard Fallin Hadaway

Hale Hamilton Johnson Keyton Lambert Le vitas Matthews, D. R. Miller Moate Peterson

Phillips, L. L. Pickard Pinkston Poole Rush Russell Thompson, A. W. Toles Wamble Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 175. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act to revise the laws relating to the State Board of Corrections, prisons, public works camps and prisoners, so as to provide that when certain prisoners are needed as witnesses or defendants, they shall be delivered by the sheriff; and for other purposes.

THURSDAY, MARCH 13, 1969

1881

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander
Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent

Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R.
Gary Gaynor Geisinger Gignilliat
Grahl Graves Gunter Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp

Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell
Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt
Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, G. S.
Potts Rainey

1882
Reaves Roach Ross Rowland Russell Salem Scarlett Shanahan Shepherd Sherman

JOURNAL OF THE HOUSE,

Simmons Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilson Wood

Voting in the negative was Mr. Williams.

Those not voting were Messrs.:

Barfield Bennett Buck Caldwell Gates Cooper Edwards Evans Funk Hadaway Hale

Hamilton Harrington Harris, J. F. Jones, C. M. Keyton Knowles Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole

Rush Scarborough Simkins Sims Smith, J. R. Snow Wamble Wilkerson Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 148. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to provide for extension of limits of places of confinement of certain prisoners and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 13, 1969

1883

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bo stick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Egan Ellis Ezzard

Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Gunter Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell

Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Potts Reaves Roach Ross Rowland Russell Salem Scarlett Shanahan Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood

1884

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Dickinson Douglas

Grahl

Jordan, H. S.

Those not voting were Messrs.:

Brantley, H. L. Caldwell Gates Collins, M. Edwards Evans Funk Hadaway Hale Hamilton Harris, J. F.

Hill, G. Hood Johnson Keyton Knowles Matthews, C. Moate Phillips, L. L. Phillips, W. R. Pickard Pinkston

Poole Rainey Rush Scarborough Shepherd Simkins Vaughn Wamble Wilkerson Winkles Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

SB 130. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to provide that certain rules and regulations shall be adopted, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber
Barfield

Battle Bell Bennett Berry Black
Blalock

Bohannon Bond Bostick Bowen Brantley, H. L.
Bray

Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards JSgan Ellis Ezzard Fallin Farrar Felton Ployd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter

THURSDAY, MARCH 13, 1969

1885

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore

Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarlett Shepherd Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wilson Winkles Wood

Voting in the negative was Mr. Williams.

Those not voting were Messrs.:

Alexander Brantley, H. H.

Caldwell Clarke

Collins, M. Conner

1886
Dickinson Evans Farmer Floyd, J. H. Hadaway Hale Hamilton Harrison Howell Johnson Knowles

JOURNAL OF THE HOUSE,

Leonard Mason Matthews, C. Mauldin Moate Nash Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston

Poole Rush Scarborough Shanahan Sherman Simkins Smith, V. T. Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Mr. Floyd of the 7th stated that he had been called from the floor of the House when the roll was called on SB 130, but had he been present would have voted "aye".
SB 127. By Senator Coggin of the 35th:
A Bill to be entitled an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations promulgated by the Director of Probation and approved by State Board of Probation shall be adopted, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black

Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C.

Buck Burruss Busbee Carnes Gates Cato Chandler Cole Collier Collins, S.

Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L.

THURSDAY, MARCH 13, 1969

188T

Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash

Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Potts Reaves Roach Ross Rowland Russell Salem Scarlett Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wilson Winkles
Wood

Those voting in the negative were Messrs. Paris and Williams.

Those not voting were Messrs.:

Barfield Bennett Brantley, H. H.

Caldwell Clarke Collins, M.

Cooper Dean, N. Dickinson

1888
Evans Farmer Hadaway Hamilton Johnson Marcus Matthews, C.

JOURNAL OF THE HOUSE,

Matthews, D. R. Moate Phillips, L. L. Packard Poole Rainey Rush

Scarborough Shanahan Simkins Townsend Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

SB 145. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act so as to require the State Board of Corrections to furnish an inmate released from State penal institutions and county public works camps a certain sum of money, and for other purposes.

The following Committee amendment was read and adopted:
The State Institutions and Property Committee moves to amend Senate Bill No. 145 as follows:
By striking the period at the end of the last sentence of quoted Section 21 of Section 1 and adding at the end of said last sentence the following:
", but the county shall be reimbursed for the cost of such transportation and clothing by the State Board of Corrections."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton

Ballard Barber Barfield Battle

Bell Bennett Berry Black

Blalock Bohannon Bond Bostick Bowen Bray Brooks Brown, B. D. Brown, C. Burrizss Busbee Games Gates Chandler Clarke Cole Collier Collins, S. Colwell Connell Conner Cook Crowe D alley Daugherty Davis, E. T. Davis, W. Dean, J. E.
Dean, N.
DeLong
Dent
Dixon
Dodson
Dorminy
Douglas
Edwards
Egan
Ellis
Pallin
Farmer
Farrar
Felton
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Graves
Gunter
Hadaway

THURSDAY, MARCH 13, 1969

1889

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Lee, W. J. (Bill)
Lee, W. S.
Leonard
Le vitas
Lewis
Longino
Lowrey
Marcus
Matthews, C.
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Miller

Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parrker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Potts Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shepherd Sherman
Simmons
Sims
Smith, J. R.
Smith, V. T.
Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Townsend
Vaughn
Wamble
Ware
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Wilson
Winkles
Wood

1890

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs. Cato and Conger.

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Buck Caldwell Collins, M. Cooper Dickinson Evans Ezzard Floyd, J. H.

Grahl Hale Hamilton Howell Mason Matthews, D. R. Moate Pafford Phillips, L. L. Pickard

Pinkston Poole Rainey Scarborough Shanahan Simkins Westlake Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 572. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles without a warrant; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 72. By Senator Smalley of the 28th:
A Bill to revise, classify, consolidate, and supersede the present laws relating to the procedure in the courts of Georgia in all criminal pro ceedings and to establish new laws relating thereto; to provide for fair, speedy, and impartial trials; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 13, 1969

1891

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SR 43. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to change the procedure for overriding a veto by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.

SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and London of the 50th:
A Resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
Referred to the Committee on Welfare.

SR 101. By Senator Kidd of the 25th:
A Resolution creating the Uniform Consumer Credit Code Study Com mittee; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 194. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggregate amount of shares does not exceed a certain percentage of its capital and unimpaired surplus; and for other pur poses.
Referred to the Committee on Banks and Banking.

SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A Bill to be entitled an Act to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 72. By Senator Smalley of the 28th:
A Bill to be entitled an Act to revise, classify, consolidate, and supersede the present laws relating to the procedure in the courts of Georgia in

1892

JOURNAL OP THE HOUSE,

all criminal proceedings and to establish new laws relating thereto; to provide for fair, speedy, and impartial trials; and for other purposes.
Referred to the Committee on Judiciary.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, and others:
A Bill to be entitled an Act to amend an Act so as to provide that Housing Authorities shall have certain additional members in certain municipalities, and for other purposes.
The following Senate substitute was read:
A BILL
TO BE ENTITLED
An Act to amend an Act known as the "Housing Authorities Law", approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, par ticularly by an Act approved February 12, 1943 (Ga. Laws 1943, p. 146), so as to increase the membership of housing authorities in certain municipalities; to change the terms of office and qualifications of the commissioners of housing authorities in certain municipalities; to pro vide for advisory committees to housing authorities in certain municipalities; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act known as the "Housing Authorities Law", ap proved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved February 12, 1943 (Ga. Laws 1943, p. 146), is hereby amended by striking Section 5A in its entirety and inserting in lieu thereof two new sections to be designated Sections 5A and BB and to read as follows:
"Section 5A. In all municipalities of this State having a popu lation of 400,000 or more according to the 1960 United States Decennial Census, or any future such census, the membership of the authorities of such municipalities shall consist of seven com missioners.
The additional commissioners added by the provisions of this Section shall be appointed for initial terms of office of two and four years, respectively, commencing with the 1st day of January, 1970. Thereafter, successors to the initial commissioners added by

THUESDAY, MARCH 13, 1969

1893

the provisions of this Section shall be appointed for terms of four years and until their successors are duly appointed and qualified.

The commissioners of such authorities serving on the effective date of this Section shall continue to serve for the terms of office to which they were originaly appointed. As their respective terms of office shall expire, their successors shall be appointed to serve for terms of office of four years.

In the event of resignation or death or incapacity of any com missioner before the expiration of his term, the vacancy for the unexpired term shall be filled by the remaining members of the board. If there is a tie vote on the selection of a commissioner for any unexpired term, the mayor of any such municipalities shall be en titled to vote in selecting a commissioner thereof. Except as pro vided herein, the provisions of Section 5 with respect to the ap pointment, terms of office, powers and authority of said commis sioners shall remain in full force and effect.

"Section 5B. (a) In all municipalities of this State having a population of 400,000 or more according to the United States Decennial Census of 1960 or any future such census, there shall be an advisory committee to the authorities of such municipalities. Each such advisory committee shall be composed of one resident of each of the projects owned, managed, controlled or under the jurisdiction of each such authority and three members at large from each such municipality. The mayor of each such municipality shall appoint the members of each such advisory committee, as herein provided, and in making such appointments he shall provide for staggered terms by appointing such members in groups for initial terms of one, two, three and four years for each respective group. Upon the expiration of said initial terms, all members shall be appointed for terms of four years and until their successors are appointed and qualified. The first members of said advisory com mittees shall be appointed, as hereinabove provided, to take office on January 1, 1970.

(b) It shall be the duty of each such advisory committee to advise and consult with the members of its authority relative to the plans, procedures and policies of such authority as such plans, procedures and policies relate to the management, operation, powers, duties and functions of such authority."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Hood of the 99th moved that the House agree to the Senate substitute to HB 445.

On the motion, the ayes were 103, nays 0.

1894

JOURNAL OF THE HOUSE,

The Senate substitute to HB 445 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, and others:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933 so as to provide for an increase in the motor fuel excise tax, and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), so as to provide for an increase in the motor fuel excise tax; to provide for the rate of refund of State tax paid upon motor fuel used exclusively in aircraft motors for aviation purposes; to provide for an effective date; to provide that Federal excise taxes on motor fuels and State excise taxes on motor fuels shall not be included in determining the liability for the pay ment of the tax imposed by the Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as now or hereafter amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-1403 of the Georgia Code of 1933, relat ing to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), is hereby amended by striking from Paragraph (A) (1) of Code Section 92-1403 of the "Motor Fuel Tax Law", as amended, and of the Georgia Code of 1933, as amended, the figure "6-%" and inserting in lieu thereof the figure "8", so that Paragraph (A) (1) of Code Section 92-1403 when so amended shall read as follows:
"(A) Levy of the Taxes. An excise tax is hereby imposed on all distributors of motor fuel as follows:
(1) Upon the sale or use of motor fuel by them within this State at the rate of 8 cents per gallon."
Section 2. Said Act is further amended by striking from the first paragraph of subsection (k) the words:

THURSDAY, MARCH 13, 1969

1895

"shall be entitled to a refund not to exceed five and one-half cents per gallon of the State tax paid on such motor fuel",

and inserting in lieu thereof the words:

"shall be entitled to a refund of all of the State tax on such gasoline except one cent per gallon",

so that when so amended said first paragraph shall read as follows:

"(K) Any dealer, who shall sell motor fuel of such quality that it is not adapted for use in ordinary motor vehicles but is designated for and used exclusively in aircraft motors for aviation purposes, no part of which motor fuel is used in any vehicle or equipment driven or operated upon the public roads, streets, or highways of this State, shall be entitled to a refund of all of the State tax on such gasoline except one cent per gallon subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assign able and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in the subsection."

Section 3. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed by an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended, upon the sale of motor fuel, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respec tively.

Section 4. The effective date of this Act shall be June 1, 1969.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Vaughn of the 74th moved that the House disagree to the Senate sub stitute to HB 81.

The motion prevailed, and the House disagreed to the Senate substitute to HB 81.

Mr. Murphy of the 19th arose to a Point of Personal Privilege and addressed the House.

1896

JOURNAL OF THE HOUSE,

Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 173. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confinement for limited social visits, and for other purposes.

The following amendment was read:
Mr. Brantley of the 52nd moves to amend SB 173 by inserting in the 2nd line of quoted Section 4 in Section 1 after the word "prisoner" the words "serving a sentence for a misdemeanor".

Mr. Brantley of the 52nd moved that the amendment be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Ballard Barber Battle Black Bowen Brantley, H. L. Brown, C. Cole Collier Conger Dailey Davis, E. T. Dickinson Dodson Dorminy Farmer Gignilliat Graves

Harrington Harris, J. P. Harris, J. R. Harrison Higginbotham Hill, G. Holder Hudson Johnson Jordan, H. S. Lee, W. S. Leonard Lewis Lowrey Matthews, C. Mauldin Milford Moore Nessmith

Nunn Pafford Parker, C. A. Peters Peterson Rainey Rush Scarlett Sims Smith, V. T. Sorrells Sweat Thompson, A. W. Thompson, R. Toles Westlake Wilkerson

Those voting in the negative were Messrs.:

Adams Alexander Atherton

Bell Blalock Bond

Bostick Brantley, H. H. Brown, B. D.

Burruss Carnes Gates Cato Collins, S. Connell Cooper Crowe Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Douglas Edwards Egan Ellis Fallin Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gunter Hargrett

THURSDAY, MARCH 13, 1969

1897

Harris, R. W. Hawes Hill, B. L. Hood Horton Housley Howell Hutchinson Jones, Herb
Jones, M. Keen Keyton Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Le vitas Longino Marcus Mason Matthews, D. R. Maxwell McClatchey McDaniell Merritt Miles Miller

Morris Mullinax Murphy Northcutt
Odom Paris Phillips, G. S. Potts Reaves Roach Ross Rowland Russell Salem Scarborough Shepherd Simkins Simmons Snow Thomason Townsend Wamble Ware Whaley Wheeler, J. A. Williams

Those not voting were Messrs.:

Barfield Bennett Berry Bohannon Bray Brooks Buck Busbee Caldwell Chandler Clarke Collins, M. Colwell Conner Cook Dixon Evans

Ezzard Floyd, J. H. Funk Grahl Had away Hale Hamilton Henderson
Joiner Jones, C. M. Jordan, G. Knapp Knowles Lane, Dick McCracken Melton Moate

Nash Parker, H. W. Patterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Shanahan Sherman Smith, J. R. Vaughn Wheeler, Bobby Wilson Winkles Wood Mr. Speaker

On the adoption of the amendment, the ayes were 55, nays 89. The amendment was lost.

1898

JOURNAL OF THE HOUSE,

Mr. Jordan of the 55th requested that he be recorded as having voted against the adoption of the amendment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Barber Bell Black Bond Brown, B. D. Burruss Carnes Gates Chandler Collier Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Egan Ellis Ezzard Farmer Farrar

Felton Gaynor Grahl Gunter Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hood Housley Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Keen Keyton Lee, W. S. Le vitas Lowrey Marcus Matthews, C. Matthews, D. R. McClatchey McDaniell Merritt

Miles Miller Murphy Nunn Pafford Paris Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Rainey Roach Russell Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Thomason Thompson, A. W. Townsend

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard Barfield Battle Bennett Blalock Bostick

Bowen Brantley, H. H. Brantley, H. L. Cato Cole Collins, M. Collins, S. Conger Dickinson

Dodson Dorminy Douglas Edwards Fallin Floyd, L. R. Gary Gei singer Gignilliat

Graves Hargrett Harrington Harris, J. F. Henderson Hill, G. Holder Horton Howell Hudson Johnson Jordan, H. S. Knapp Knowles Kreeger Lambert Lane, Dick

THURSDAY, MARCH 13, 1969

1899

Lee, W. J. (Bill) Lewis Longino Mason Mauldin Milford Moate Moore Morris Mullinax Nash Northcutt Parker, C. A. Peters Reaves Ross Rowland

Rush Salem Sorrells Sweat Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilkerson

Those not voting were Messrs.:

Berry Bohannon Bray Brooks Brown, C. Buck Busbee Caldwell Clarke Colwell Conner Cook Evans

Floyd, J. H. Funk Hadaway Hale Hamilton Jones, C. M. Lane, W. J. Leonard Maxwell McCracken Melton Nessmith Odom

Parker, H. W. Patterson Pinkston Poole Potts Shanahan Smith, J. R. Wamble Wilson Wood Mr. Speaker

On the passage of the Bill, the ayes were 82, nays 76.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Busbee of the 61st requested that he be recorded as having voted for the passage of SB 173.

Mr. Chandler of the 34th gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 173.

SB 149. By Senators Padgett of the 23rd and Coggin of the 35th: A Bill to be entitled an Act to amend an Act creating within the De-

1900

JOURNAL OF THE HOUSE,

partment of Family and Children Services an autonomous Division for Children and Youth; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating within the De partment of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), so as to pro vide for the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; to provide exceptions thereto; to provide for the Division for Children and Youth being the exclusive State agency for the acceptance and incarceration of certain felons under 17 years of age; to provide for the sentencing of certain felons under 17 years of age to the Division for Children and Youth; to pro vide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), is hereby further amended by adding after Section 9, subsection (a) and subparagraph (4) and before Section 9, subsection (b), a new subparagraph to be known as subparagraph (5) to read as follows:
"(5). For the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; provided, however, that those felons convicted of a capital felony shall only be sentenced into the custody of the State Department of Corretcions. All other persons under the age of 17 years found to be guilty or convicted of a mis demeanor or felony, other than a capital felony by any court in Georgia shall be committed for an indefinite period of time to the custody of the Division for Children and Youth of the State Department and Family and Children Services.
SECTION 2
Final order; modification or change. Anyl final order of judgment by the court in the case of any such child shall be subject to such

THURSDAY, MARCH 13, 1969

1901

modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institu tion or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of said child and the best interests of the State. Provided, however, that the release or parole of any juvenile committed to the Division for Children and Youth for detention in any of its institutions under the terms of this act during the period of One (1) year from the date of commitment, shall be had only with the concurrence and recommendation of the Director of the Division for Children and Youth or his designated representative.

After the expiration of One (1) years from the date of commit ment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems
proper.

SECTION 3

The provisions of this Act shall become effective when the Director of the Division for Children and Youth certifies to the Governor of Georgia that funds and facilities are available with which to carry out the purposes of this Act.

SECTION 4

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Barber Barfield Battle
Bell Bennett Berry

Black Bond Bostick Bowen Brantley, H. H.
Bray Brooks Brown, B. D.

Buck Burruss Busbee Caldwell Games
Gates Cato Chandler

1902
Clarke Collier Collins, M. Collins, S. Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Harrington Harris, J. F. Harris, J. R. Harrison

JOURNAL OF THE HOUSE,

Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Merritt Milford Miller Moate Moore Morris Murphy Nash

Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Potts Reaves Roach Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those voting in the negative were Messrs.:

Keyton McCracken

Miles Ross

Whaley

Those not voting were Messrs.:

Anderson Atherton Ballard Blalock Bohannon

Brantley, H. L. Brown, C. Cole Colwell Dean, J. E.

DeLong Evans Ezzard Farmer Funk

Hadaway Hale Hamilton Hargrett Harris, R. W. Hawes Hill, B. L. Howell Hudson Jones, C. M. Jones, M.

THURSDAY, MARCH 13, 1969

1903

Lane, W. J. Matthews, C. Matthews, D. R. Melton Mullinax Nessmith Peter son Phillips, G. S. Pickard Pinkston Poole

Rainey Russell Simkins Simmons Smith, V. T. Snow Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 143, naya 5.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Harris of the 67th requested that he be recorded as having voted for the passage of SB 149.

SB 32. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 56-317 so as to change the circumstances under which the Commissioner of Insurance may refuse to renew the certificate of authority of insurers; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Insurance moves to amend SB 32 by striking Sections 1 and 2 thereof and by substituting in lieu thereof, the fol lowing:
Section 1. Code Chapter 56-3, relating to the authorization of in surers to do business in this State, is hereby amended by adding be tween Sections 56-317 and 56-318 two (2) new code sections to be numbered 56-317.1 and 56-317.2 to read as follows:
"56-317.1.--Administrative Fine for Certain Acts of Officers, Employees, Agents or Representatives. The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, em ployees, agents or representatives has:
(1) With such frequency as to indicate its general business practice in this state:

1904

JOURNAL OF THE HOUSE,

(a) Refused, without just cause, to pay proper claims aris ing under coverages provided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds of a policy, or

(b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this state to accept less than the amount due them or to bring suit against the insurer or an insured to secure full payment or settlement thereof.

The administrative fine imposed for violations set forth in paragraph (a) or (b) shall not exceed $1000.00 for each act of mis conduct constituting a violation provided, however, a fine of not more than $5,000 for each act of wilfull misconduct constituting a
violation may be imposed.

"56-317.2.--Discretionary Suspension Without Notice and Hear ing Where Delinquency Proceedings Have Commenced. The Com missioner may, without advance notice or a hearing thereon, sus pend immediately the Certificate of Authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black

Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Burruss Busbee Caldwell

Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell

Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, N. Dent Dickinson Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Gignilliat Grahl Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G,

THURSDAY, MARCH 13, 1969

1905

Holder Hood Horton Housley Hudson Hutchinson
Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason McClatchey McCracken McDaniell
Merritt Miller Moate Moore Morris Murphy Nash Nessmith Northcutt Nunn

Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simmons Sims Sorrells Thomason Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Geisinger Kreeger

Mauldin Milford

Potts

Those not voting were Messrs.:

Blalock Brown, C. Buck Dean, J. E.

DeLong Dixon Farmer Funk

Hadaway Hamilton Hill, B. L. Howell

1906
Jones, C. M. Matthews, C. Matthews, D. R. Maxwell Melton Miles Mullinax

JOURNAL OF THE HOUSE,

Parker, H. W. Phillips, G. S. Pickard Poole Rainey Scarlett Simkins

Smith, J. R. Smith, V. T. Snow Sweat Thompson, A. W. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 158, nays 5.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Geisinger of the 72nd stated that he inadvertently voted "Nay", and requested that he be recorded as having voted "Aye" on the passage of SB 32, as amended.

Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration and read:

SB 13. By Senators Carter of the 14th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend the Minimum Foundation Pro gram of Education so as to change the provisions relating to the allot ment of teachers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Atherton Ballard Barber Battle Bell Black Bohannon Bond Brantley, H. L.

Brown, B. D. Games Cato Clarke Collier Colwell Conger Cooper Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dorminy Edwards Fallin Farmer Farrar Felton Floyd

Gaynor Gignilliat Hargrett Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Holder Hood Horton Hutchinson Joiner Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger

THURSDAY, MARCH 13, 1969

190T

Lane, Dick Lane, W. J. (Bill) Le vitas Lewis Marcus McClatchey Miles Milford Morris Murphy Nash Nessmith Northcutt Nunn Pafford Parker, C. A. Parker, H. W. Peterson Ross

Russell Scarborough Scarlett Shanahan Shepherd Smith, V. T. Sorrells Thomason Thompson, R. Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those voting in the negative were Messrs.:

Anderson Berry Brown, C. Busbee Collins, M. Cook Crowe Dent Dickinson Douglas Egan Ellis Floyd, J. H. Gary Graves Gunter Hadaway

Harris, J. F. Hill, G. Hudson Jordan, G. Keen Knapp Lee, W. S. Leonard Longino Lowrey Matthews, D. R. Mauldin Maxwell McCracken Melton Moate Mullinax

Odom Peters Phillips, W. R. Potts Reaves Rowland Rush Sherman Simkins Sims Thompson, A. W. Toles Townsend Ware Whaley Simmons Wilkerson

Those not voting were Messrs.:

Adams Barfield Bennett Blalock Bostick Bowen Brantley, H. H. Bray Brooks Buck Burruss

Caldwell Gates Chandler Cole Collins, S. Connell Conner Dean, N. DeLong Dixon Dodson

Evans Ezzard Funk Geisinger Grahl Hale Hamilton Harrington Harrison Henderson Housley

1908
Howell Johnson Jones, C. M. Lambert Lee, W. J. (Bill) Mason Matthews, C. McDaniell Merritt

JOURNAL OP THE HOUSE,

Miller Moore Paris Patterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole

Eainey Roach Salem Smith, J. R. Snow Sweat. Wilson Mr. Speaker

On the passage of the Bill, the ayes were 85, nays 51.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Dean of the 19th requested that he be recorded as having voted for the passage of SB 13.

Mr. Parker of the 46th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 13.

Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 50. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend Code Section 13-2027 so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obliga tions and certificates of deposit; and for other purposes.

The following amendment was read:
Mr. Clarke of the 33rd moves to amend SB 50 as follows:
By inserting in the title between the word "date" and the word "to" the following:
"to provide for the reinstatement of the exchange charge under certain conditions;";
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively;

THURSDAY, MARCH 13, 1969

1909

By adding a new Section 2 to read as follows:

"Section 2. In the event the interest rate paid on bonds issued by any of the Authorities of the State of Georgia declines below 2% percent per annum, a bank shall have the right to charge an exchange not exceeding % of 1 percent of the aggregate amount of all checks drawn upon it when the checks are presented and paid."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Barber Barfield Bennett Black Bostick Bo wen Brantley, H. H. Brantley, H. L. Brooks Carnes Clarke Collier Collins, M. Colwell Dailey Dickinson Dixon Dorminy Edwards Ployd, J. H.

Grahl Hadaway Hargrett Harrington Harris, J. F. Harrison Hill, G. Holder Howell Hudson Johnson Joiner Jordan, G. Keen Keyton Knapp Lewis Lowrey Matthews, D. R. Mauldin McCracken Milford

Moate Nessmith Nunn Pafford Parker, C. A. Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Ross Rowland Rush Salem
Scarborough Shanahan Simmons Sweat Toles Williams Winkles

Those voting in the negative were Messrs.

Alexander Atherton Ballard Battle Bell Berry Bond Brown, B. D. Brown, C. Buck Burruss Busbee

Cato Cole Collins, S. Conger Connell Cook Cooper Crowe Daugherty
Davis, E. T. Davis, W. Dean, J. E.

Dean, N. Dent Dodson Douglas Egan Ellis Parrar Felton Floyd, L. R.
Gary Gaynor Geisinger

.1910
Gignilliat Graves Gunter Harris, R. W. Higginbotham Hill Hood Horton Housley Hutchinson Jordan, H. S. Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard

JOURNAL OF THE HOUSE,

Le vitas Longino Marcus Mason Maxwell McClatchey Melton Merritt Miller Moore Morris Murphy Nash Northcutt Odom Patterson Peters Russell

Scarlett Sherman Sims Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Townsend Wamble Westlake Wheeler, Bobby Wilson Wood Wilkerson

Those not voting were Messrs.:

Blalock Bohannon Bray Caldwell Gates Chandler Conner DeLong Evans Ezzard Tallin Farmer Funk Hale

Hamilton Harris, J. R. Hawes Henderson Jones, C. M. Jones, Herb Jones, M. Knowles Matthews, C. McDaniell Miles Mullinax Paris Parker, H. W.

Peterson Phillips, G. S. Pickard Pinkston Poole Roach Shepherd Simkins Smith, J. R. Vaughn Ware Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 65, nays 88.

The amendment was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

THUKSDAY, MARCH 13, 1969

1911

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Cato Chandler Cole Collier Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dodson Douglas Egan Ellis

Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Horton Housley Hutchinson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason Maxwell McClatchey Melton Merritt

Miles Miller Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Paris Parker, C. A. Peters Peterson Pinks ton Potts Reaves Rowland Rush Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Winkles Wilkerson Wilson Wood

Those voting in the negative were Messrs.:

Bowen Brooks Clarke Collins, M.

Colwell Dickinson Dorminy Edwards

Harris, J. F. Harrison Holder Howell

1912
Hudson Johnson Jordan, G. Lewis Matthews, D. R. Mauldin

JOURNAL OP THE HOUSE,

Milford
Moate Pafford Phillips, L. L. Phillips, W. R. Rainey

Ross Wheeler, Bobby Williams Simmons

Those not voting were Messrs.:

Blalock Bohannon Gates Collins, S. DeLong Evans Ezzard Farmer Funk Hadaway Hale

Hamilton Henderson Hood Jones, C. M. Knowles Matthews, C. McCracken McDaniell Nessmith Parker, H. W. Patterson

Phillips, G. S. Pickard Poole Roach Shepherd Smith, J. R. Whaley Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 136, nays 28.

The Bill, having received the requisite constitutional majority, was passed.

SB 114. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 92-69 so as to pro vide that county boards of tax assessors shall record and file the valuation fixed and assessed on corrected returns; and for other pur poses.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 92-6912, relating to arbitration, as amended, so as to provide for an appeal of the arbi trators' decision to the Superior Court of the county in which the land lies by either the taxpayer or the Board of Tax Assessors under certain conditions; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

THURSDAY, MARCH 13, 1969

1913

SECTION 1

Code Section 92-6912, relating to arbitration, as amended, is hereby amended by adding at the end thereof the following:

"The taxpayer or the Board of Tax Assessors may appeal the arbitrators' decision to the superior court of the county in which the land lies any time the difference between the valuation of the Board of Tax Assessors and the valuation of the arbitrators ex ceeds the sum of $1,000.00. The appeal shall be filed with the clerk of the superior court within 30 days after the arbitrators' decision is filed with the Board of Tax Assessors. The appeal shall con stitute a de novo action and shall be heard before a jury at the first term following the filing of the appeal. The Board of Tax Assessors shall use the valuation of the arbitrators in compiling the tax digest for the county. However, if the said court disagrees with the valuation of the arbitrators and fixes a different valua tion on the property, the taxpayer shall receive a deduction in his taxes for the year in question if the valuation fixed by the judg ment of said court is less than the valuation of the arbitrators. However, if the valuation of the said court is more than the valu ation of the arbitrators, the taxpayer shall be liable for the in crease in taxes for the year in question as a result of the in creased valuation fixed by the said court."

SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard
Barber Barfield Battle Bell Bennett Black Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Chandler Clarke

Collier Colling, M. Collins, S. Connell
Conner Cook Cooper Crowe Dailey Daugherty Davis, W. Dean, J. E.

1914
Dent Dodson Dorminy Douglas Edwards Egan Ellis Fallin Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Gunter Hargrett Harrington Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Hudson Hutchinson Joiner

JOURNAL OF THE HOUSE,

Jones, Herb Jordan, G. Keen Keyton Knapp Lambert Lane, Dick Lee, W. J. (Bill) Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Moore Nash Northcutt Nunn Patterson Peters

Peterson Phillips, L. L. Phillips, W. R. Potts Reaves Roach Russell Salem Scarborough Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sorrells Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Winkles Williams Wood Simmons

Those voting in the negative were Messrs.

Anderson Berry Brooks Cole Colwell Davis, E. T. Dean, N. Dickinson Farrar Grahl Graves

Harris, J. F. Harris, J. R. Johnson Jones, M. Jordan, H. S. Kreeger Lane, W. J. Lee, W. S. Leonard Morris Mullinax

Murphy Odom Paris Parker, H. W. Ross Rush Thomason Toles Ware Wilkerson

Those not voting were Messrs.:

Blalock Bohannon Buck
Gates Cato Conger DeLong

Dixon Evans Ezzard Farmer Floyd, J. H. Funk Hadaway

Hale Hamilton Hill, G. Housley Howell Jones, C. M. Knowles

Matthews, C. McDaniell Miller Moate Nessmith Pafford Parker, C. A.

THURSDAY, MARCH 13, 1969

1915

Phillips, G. S. Pickard Pinkston Poole Rainey Rowland Scarlett

Smith, J. R. Sweat Wheeler, J. A. Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 12.3, nays 32.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to be entitled an Act to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, approved Febru ary 19, 1953; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Brooks Brown, B. D. Buck Burruss Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner

Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Fallin Farrar Felton

1916
Floyd, J. R. Gary, Arch Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hudson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis, P. B. Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Merritt Milford Miller Moate
Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Reaves

Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T . Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Voting in the negative was Mr. Potts.

Those not voting were Messrs.:

Blalock Bray Brown, C. Busbee Dailey Dean, J. E. DeLong Edwards Evans Ezzard Farmer Floyd, J. H.

Funk Hale Hamilton Harris, J. R. Hill. B. L. Howell Hutchinson Jones, C. M. Lane, W. J. Matthews, C. Matthews, D. R. Melton

Miles Parker, H. W. Phillips, G. S. Pickard Pinkston Poole Rainey Roach Simkins Mr. Speaker

THURSDAY, MARCH 13, 1969

1917

On the passage of the Bill, the ayes were 160, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 73. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barfield Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Cates Cato Chandler Clarke Cole

Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Parrar Felton Ployd, J. H. Ployd, L. R. Gary Gaynor

Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger

1918
Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey
McCracken Melton
Merritt
Miles
Milford Miller
Moore Morris

JOURNAL OF THE HOUSE,

Mullinax Nash Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Potts Reaves Roach Ross
Rowland
Rush
Russell
Salem
Scarborough
Scarlett
Shanahan
Shepherd
Sherman

Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware
Westlake
Whaley
Wheeler, Bobby
Wilkerson
Williams
Winkles
Wood

Those not voting were Messrs.:

Barber Blalock Cook Dean, J. E. DeLong Evans Farmer Funk Hadaway Hale Hamilton

Harris, J. F. Henderson Jones, C. M. Knowles Lane, W. J. Matthews, C. McDaniell Moate Murphy Nessmith Nunn

Paris Peterson Phillips, G. S. Pickard Pinkston Poole Rainey Smith, J. R. Wheeler, J. A. Wilson Mr. Speaker

On the passage of the bill the ayes were 162, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Mr. Barber of the 16th stated that he had been called from the floor of the House when the roll was called on SB 73, but had he been present would have
voted "aye".

THURSDAY, MARCH 13, 1969

1919

SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 18), as amended, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier

Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Fallin Farrar Felton Floyd, L. R. Gary Geisinger Gignilliat Grahl Graves Gunter

Hargrett Harrington Harrison Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason

1920
Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford

JOURNAL OF THE HOUSE,

Paris Parker, C. A. Parker, H. W. Patterson
Peters Phillips, L. L. Phillips, W. R.
Potts Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons

Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Towsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wilson Winkles

Voting in the negative was Mr. Williams.

Those not voting were Messrs.:

DeLong Egan Ezzard Farmer Floyd, J. H. Funk Gaynor Hadaway Hale Hamilton Harris, J. F.

Harris, J. R. Harris, R. W. Hawes Hill, B. L. Howell Jones, C. M. Knowles Matthews, C. Murphy Peterson Phillips, G. S.

Pickard Pinkston Poole Rainey Scarborough Smith, J. R. Thompson, A. W. Wood Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 83. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend the Statewide Probation Act, as amended, so as to change the designation of the circuit probation officers to circuit probation supervisors, and the designation of field supervisors to area supervisors; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 13, 1969

1921

Mr. Bostick of the 63rd asked unanimous consent that futher consideration of SB 83 be postponed until Monday, March 17, 1969.

The consent was granted, and SB 83 was postponed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.

The following Senate amendment was read:

Senator Webb of the llth moves to amend HB 272 by striking from the second sentence of "Section 33" of Section 1 the word "earnings" and substituting therefor the words "teachers earned".

Mr. Barber of the 15th moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 2.

The motion prevailed, and the Senate amendment to HB 272 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act relating to the comptroller of Clayton County, and for other purposes.
The following Senate substitute was read:

1922

JOURNAL OF THE HOUSE,

A BILL TO BE ENTITLED

An Act to amend an Act creating a board of county commissioners for Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), and an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), so as to change the provisions relating to the Comptroller; to authorize the board to adopt resolutions and regulations whereby they may sell and dispose of abandoned personalty; to change the provisions relating to annual audits; to delete the provisions relating to a certain amount to be budgeted for recreational purposes; to provide for the budgeting and expenditure of certain funds for the purpose of advertising Clayton County in the interest of industrial expansion; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act creating a board of county commissioners for Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), and an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), is hereby amended by striking Section 10B in its entirety and inserting in lieu thereof a new Section 10B to read as follows:

"Section 10B. The board is hereby authorized to employ a Comptroller-Administrative Assistant who shall be directly re sponsible to the board. The Comptroller-Administrative Assistant shall not be covered by any provisions of the Civil Service System of Clayton County. The Comptroller-Administrative Assistant shall have at least three years experience in accounting work for a federal, state, county or municipal agency. The compensation of the Comptroller-Administrative Assistant shall be fixed by the board but shall not be less than $6,000.00 per annum nor more than $13,500.00 per annum, payable in equal monthly installments from the funds of Clayton County. The Comptroller-Administrative As sistant shall give a satisfactory surety bond approved by and pay able to the ordinary of Clayton County or his successor in office
and filed in the office of the ordinary in the sum of $25,000.00, conditioned upon the faithful performance of the duties of his

THURSDAY, MARCH 13, 1969

1923

office. The cost of the bond shall be paid from the funds of Clayton County. The Comptroller-Administrative Assistant shall provide administrative assistance for the board and chairman, and pursu ant to resolutions adopted by the board and instruction given by the chairman, he shall perform the duties enumerated as follows:

(1) Keep and maintain accurate records reflecting the financial affairs of the county.

(2) Compile the annual budget covering all funds.

(3) Sign checks and disburse quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.

(4) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources.

(5) Examine all claims against the county and make recom mendations as to payment.

(6) Maintain budgetary control accounts showing encum brances for obligations entered into, liquidation of such encum brances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations.

(7) Maintain properietary accounts of the current assets and of the liabilities of all county funds.

(8) Prepare and issue quarterly financial reports of the opera tions of all county funds.

(9) Maintain property control records of all county property, including equipment and stores, and supervise stores.

(10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the chairman and board on financial matters.

(11) Perform such other duties as may be assigned by the chairman and/or board."

Section 2. Said Act is further amended by adding immediately following Section 10B a new Section 10C to read as folows:

"Section 10C. The board of county commissioners, in addition to the above powers and authorities, are authorized to adopt resolu tions and regulations whereby they may sell and dispose of aban doned personalty including, but not limited to, vehicles, which in the performance of their police powers they have caused to be removed from either public or private property for the health,

1924

JOURNAL OF THE HOUSE,

safety and welfare of the general public, after giving notice to any known owner or interest holder as directed in said resolution."

Section 3. Said Act is further amended by striking subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new sub section (a) of Section 14 to read as follows:

"(a) It shall be the duty of the board of county commissioners of Clayton County to have conducted an annual audit of the fi nancial affairs, books, and records of Clayton County, and of the Clayton County Water Authority in accordance with the provisions hereinafter set forth. The board of county commissioners shall select a certified public accountant or a firm of certified public accountants and employ such certified public accountant or firm so selected as the auditor of the county to conduct an audit of the county books and records and of the books and records of the Clayton County Water Authority at the close of each fiscal year of said county. Said board of county commissioners shall also have the authority to use said auditor to assist and advise in the prepara tion of budgets and in accounting procedures and in general daily bookkeeping practices."

Section 4. Said Act is further amended by striking subsection (d) of Section 14 in its entirety and by redesignating subsections (e) and (f) of Section 14 as subsections (d) and (e), respectively.

Section 5. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows:

"Section 17. At the beginning of each year and before any money is borrowed for the current operation of the county, a tenta tive budget shall be adopted, based on request from the various departments of the county and the anticipated revenue for such current year. After the permanent budget has been adopted, no warrants shall issue or become a legal charge against the county in excess of the anticipated revenue unless approved by the grand jury in office at the time of the warrant's issue. The board may budget 20 percent (20%) of the fees collected for business licenses up to a maximum of $20,000.00 and such funds may be expended by the board for the purpose of advertising Clayton County. The board is empowered to contract with firms or organizations to carry out this function of county government."

Section 6. If any part of this Act is declared unconstitutional, the remainder shall remain in full force and effect.

Section 7. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, MARCH 13, 1969

1925

Mr. Northcutt of the 21st moved that the House agree to the Senate substitute to HB 167.

On the motion to agree, the ayes were 103, nays 0.

The Senate substitute to HB 167 was agreed to.

Mr. Melton of the 32nd moved that the following Bill of the House be with drawn from further consideration:

HB 188. By Messrs. Melton of the 32nd, Peterson of the 41st, Wamble of the 69th and Winkles of the 96th:
A Bill to be entitled an Act to authorize each county and municipality in this State to levy any tax not prohibited by the Constitution other than a sales or use tax or tax upon wages; to provide the procedures connected therewith; to define certain terms; and for other purposes.

The consent was granted, and HB 188 was withdrawn.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HB NO. 260 The Conference Committee on HB 260 recommends the following:

1926

JOURNAL OF THE HOUSE,

(1) That the House recede from its position and that the Senate amendment be adopted.

Respectfully submitted,
FOR THE SENATE
PAUL C. BROUN Senator, 46th District M. J. PADGETT Senator, 23rd District ED REEDER Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES
R. LUKE DeLONG Representative, 80th District WILLIAM A. SIMS, JR. Representative, 106th District REGNALD MAXWELL, JR. Representative, 78th District

Mr. DeLong of the 80th moved that the report of the Committee of Con ference be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams
Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett
Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck

Burruss
Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier
Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey
Daugherty Davis, E. T. Davis, W.

Dean, J. E.
Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards
Egan Ellis Fall-in Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat
Grahl Graves Gunter

THURSDAY, MARCH 13, 1969

192'f

Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis

Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach

Ross Rowland
Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Simmons Wilkerson

Those not voting were Messrs.:

Brooks Evans Ezzard Farmer Farrar Funk Hadaway

Hale Hamilton Jones, C. M. Jordan, H. S. Knowles Matthews, C. McCracken

On the motion, the ayes were 174, nays 0.

Murphy Paris Phillips, G. S. Pickard Pinkston Poole Mr. Speaker

The motion prevailed, and the report of the Committee of Conference on HB 260 was adopted.

1928

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 436. By Mr. Vaughn of the 74th:
A Bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd and others:
A Bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 207. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.

The president has appointed on the part of the Senate the following Senators: Noble of the 19th, Young of the 13th, and Kennedy of the 4th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

THURSDAY, MARCH 13, 1969

1929

HB 210. By Mr. Conner of the 56th:
A Bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system and for other purposes.

The president has appointed on the part of the Senate the following Senators: Noble of the 19th, Young of the 13th, and Kennedy of the 4th.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 436. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.

The following Senate amendments were read:

Senator Adams of the 26th moves to amend HB 436 as follows:
By striking the first sentence of subsection 14, Section 7 and insert ing in lieu thereof a new sentence which will read:
"The Authority shall have power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $384,000,000 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects: Provided, however, of such authorized amount not less than $100,000,000 may be bonds issued to finance rural road projects and not less than $100,000,000 may be bonds issued to finance urban road projects and not more than $184,00, may be bonds issued to finance projects other than rural road projects and urban road projects."
Senators Smalley of the 28th, Rowan of the 8th, and Bateman of the 27th move to amend HB 436 as follows:
By adding a new sentence at the end of quoted "Section 14. Bonds" of Section 7 as follows:

1930

JOURNAL OP THE HOUSE,
"The amount derived from such bond sales shall be apportioned:
(1) In the case of urban roads, the populations of the munici palities; or of the affected counties as the case may be.
(2) In the case of rural roads, the combination of mileage and population of the county, weighed equally, and
(3) In the case of State roads, the volume of traffic."

Mr. Vaughn of the 74th moved that the House disagree to the Senate amend ments.

The motion prevailed, and the Senate amendments to HB 436 were disagreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd and many others:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.

Mr. Vaughn of the 74th moved that the House insist on its position in dis agreeing to the Senate substitute, and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Vaughn of the 74th, Wood of the llth and Dean of the 19th.

The Speaker Pro Tern assumed the Chair.

THURSDAY, MARCH 13, 1969

1931

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 136. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.

The following1 Committee amendment was read:
House Special Judiciary Committee moves to amend SB 136 as follows:
By striking all the words in the last sentence of Section 1, Code Section 27-2503, sub head (b) after the words:
"If the jury cannot, within a reasonable time, agree on the punishment, the judge shall . . . . "
and by adding in place thereof the following:
"decide and impose a sentence within the limits prescribed by law."
The following amendments to the Committee amendment were read and adopted:
Mr. Levitas of the 77th moves to amend the Committee amendment to SB 136 by striking the language added by said Committee amend ment and inserting in lieu thereof the following:
"declare a mistrial on the trial of the matter of punishment, and a trial of the defendant on the issue of punishment alone shall be promptly held.".
Mr. Sweat of the 65th moves to amend the Committee amendment to SB 136 by changing the period to a semicolon at the end of the last sentence of said amendment and adding the following:
"provided, however, that the judge shall in no instance impose the death penalty when the jury cannot agree upon the punishment.".
The Committee amendment, as amended, was adopted.
The following amendments were read and adopted:
Mr. Levitas of the 77th moves to amend SB 136 by striking the

1932

JOURNAL OF THE HOUSE,

word "testimony" in the 12th line of quoted subsection (a) and in the (8th) line of quoted subsection (b) and inserting in lieu thereof the word "evidence".

Mr. Levitas of the 77th moves to amend SB 136 by adding a new subsection in the quoted portion as follows:

"(c) If the trial court is reversed on appeal because of error only in the pre-sentenee hearing the new trial which may be ordered shall apply only to the issue of punishment."

Mr. Jones of the 84th moves to amend SB 136 by striking the words "or nolo contendere" in the 6th and 7th lines of the second paragraph of subsection (a) of quoted Code Section 27-2503 and also by striking the words "or nolo contendere" in the 10th and llth lines of subsection (b) of said quoted Code Section.

Mr. Morris of the 77th moves to amend SB 136 by striking from the end of subparagraph (2) of Section 1 the words:

"provided, however, the court shall not sentence a defendant to death without a trial by jury.".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 97, nays 47.
The Speaker Pro Tem voted "aye".
The Bill, having received the requisite constitutional majority, was passed, as amended.
Due to mechanical failure of the roll call machine, the roll call on SB 136, as amended, could not be verified.
Mr. Cato of the 68th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 136, as amended.
Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, MARCH 14, 1969

1933

Representative Hall, Atlanta, Georgia Friday, March 14, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Elder V. H. Hooks, Sr., Pastor, New Hope Primitive Baptist Church, Emanuel County, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, March 14, 1969, and submits the following:

HB

11. Budget Procedures, Institute New Program.

1934

JOURNAL OF THE HOUSE,

HB 140. Vehicles, Register and License Plate. HB 184. Employees Retirement System, Tax Commissioner. HB 212. Coastal Wetlands Protection Board--Reconsidered. HR 81-219. State-Owned Liquor Store Study Committee. HB 454. Counties, Equalized School Property Tax Digest. HB 457. Venue in Actions, Insurance Companies. HR 179-462. Minimum Foundation Program, Funds Due Local Units. HR 188-490. State Lease Certain Land. HB 507. Georgia Equine Act--PP. HB 525. State Revenue Commissioner, Collecting Taxes. HB 529. Certain Counties, One Governing Authority. HB 551. Georgia Natural Areas Comm. State Agency. HB 648. Game and Fish Commission, Merit System. HR 249-701. Joint Election Laws Study Committee. HR 250-701. Scenic Highway, Griffin to Florida Line. HB 747. Civil Practice Act, Tried Upon Facts Without Jury. HB 766. Reconsider Bills, House of Representatives. HB 797. Prisons, Hallucinatings Drugs. HB 804. Alcoholic Beverages, Licenses--Reconsidered. HB 805. Mobile Homes, Transporting, License Tags. HB 812. County and Municipality, Lodgings Tax. HB 813. County and Municipality, Amusement Tax. HB 814. Alcoholic Beverages, Population Requirements. HR 272-825. Whitfield County, Property for Parks. HB 842. County School Superintendents, Qualification.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

FRIDAY, MARCH 14, 1969

1935

HB 947. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sanitary services in said districts; etc.; to provide for a tax or assessment to pay for same; and for other purposes.
Referred to the Committee on Local Affairs.

HB 948. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, so as to change the compensa tion of the tax commissioner of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 949. By Mr. Hill of the 94th: A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of school systems in counties having populations of not less than 175,000 nor more than 250,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 950. By Messrs. Snow, Hale and Crowe of the 1st, and Peters of the 2nd: A Bill to be entitled an Act to provide a salary for the court reporter of the Lookout Mountain Judicial Circuit, which salary shall be in addition to the fees he is entitled to receive by law; and for other purposes.
Referred to the Committee on Local Affairs.
HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A Bill to be entitled an Act to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.
HR 316-951. By Mr. Gunter of the 6th: A Resolution creating the Ambulance Services Study Committee; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

1936

JOURNAL OF THE HOUSE,

HB 952. By Messrs. Dean of the 76th and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to provide for certain procedural and substantive changes in certain eviction cases taking place in counties with populations of 250,000 or more, and the municipalities lying wholly or partly therein; and for other purposes.
Referred to the Committee on Judiciary.

HB 961. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 962. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HR 339-962. By Messrs. Adams of the 100th, Carnes of the 104th, Gates of the 95th, Winkles of the 96th and Lane of the 101st:
A Resolution proposing an amendment to the Constitution so as to provide for the appropriation of a portion of motor fuel taxes to State Game and Fish Commission for the purpose of financing the construc tion, maintenance and operation of boating and fishing facilities and a boating safety program; and for other purposes.
Referred to the Committee on Ways and Means.
HB 963. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 964. By Messrs. Brown of the 110th, Hood of the 99th, Horton of the 95th, Jordan of the 55th, Ezzard of the 102nd, Shepherd of the 107th:
A Bill to be entitled an Act to provide that the employees of certain counties and of the political subdivisions located within such counties shall have the right of self-organization; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, MARCH 14, 1969

1937

HB 965. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 966. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 967. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to provide the procedures whereby the compen sation of the mayor and councilmen may be changed by the mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 968. By Messrs. Farmer and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Clarke County School district and providing for a board of education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 969. By Messrs. Evans, Keen, Scarborough and Knapp of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city;: and for other purposes.
Referred to the Committee on Local Affairs.

1938

JOURNAL OF THE HOUSE,

HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st, Whaley of the 93rd, Gignilliat of the 89th and others:
A Bill to be entitled an Act to create the Groveland Lake Development Authority; and for other purposes.
Referred to the Committee on Natural Resources.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 913. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove the exemption from sales taxes, sales of machinery which is used directly in the manufacture of tangible personal property when such machinery is incorporated into a new manufacturing plant, or when such machinery is incorporated, as new machinery, into a presently existing manufac turing plant; and for other purposes.

HB 914. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove the exemption from sales taxes, sales of certain machinery used directly in tilling the soil; and for other purposes.

HB 915. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "'Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of machinery which is sued in construction, logging and forestry equip ment and machines, and equipment and machines used in mining; and for other purposes.

HB 921. By Mr. Jones of the 84th:
A Bill to be entitled an Act to repeal an Act requiring all statehouse officers and officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements wtih the Comptroller General of the State; and for other purposes.

HB 922. By Mr. Scarborough of the 81st:

A Bill to be entitled an Act to amend Code Chapter 95-18, relating to

safe and unsafe railroad crossings, so as to eliminate the designation

,

of safe crossings and to provide that all public highways which cross

'

the main line of any railroad at grade, not in an incorporated town or

city, shall be designated as unsafe crossing; and for other purposes.

FRIDAY, MARCH 14, 1969

193&

HB 923. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act creating a new charter of the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.

HR 312-923. By Messrs. Moore and Gunter of the 6th:
A Resolution authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

HB 924. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of com pensation, so as to change the compensation of said sheriff; and for other purposes.

HB 925. By Messrs. Holder and Anderson of the 49th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for compensation for the commissioner of said county; and for other purposes.
HB 926. By Messrs. Bennett, Barfield and Reaves of the 71st: A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to provide that the board of commissioners, or other gov erning authority of any county having a population of 50,000, shall have final approval over the salaries of all personnel, including judges; and for other purposes.
HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st: A Bill to be entitled an Act to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.
HB 928. By Messrs. Scarlett and Harris of the 67th: A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.
HB 929. By Messrs. Scarlett and Harris of the 67th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Glynn County, so as to provide for the compensation for members of the Board; and for other purposes.

1940

JOURNAL OF THE HOUSE,

HB 930. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to change the name of said court; and for other purposes.

HB 931. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to the punishment for the violation of the "Uniform Narcotic Drug Act", so as to provide for a mandatory sentence for persons violating Code Chapter 79A-8, relating to narcotics; and for other purposes.

HB 932. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to punishment for violating certain provisions of Code Chapter 79A-8 on narcotics, so as to change said punishment; and for other purposes.

HB 933. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act revising, classifying and superseding the laws relating to crimes and the punishment therefor, so as to change the punishment for commercial gambling; and for other purposes.

HB 934. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the punishment for commercial gambling; and for other purposes.

HB 936. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.

HB 937. By Mr. Conner of the 56th:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Appling County; and for other purposes.

FRIDAY, MARCH 14, 1969

1941

HB 938. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.

HB 939. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gray (formerly town of Gray), so as to change the corporate limits of said city; and for other purposes.

HB 940. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Davis, Floyd, Westlake and Higginbotham of the 75th, Vaughn and Jordan of the 74th, Harris, Farrar, Thomason and Levitas of the 77th:
A Bill to be entitled an Act to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and clerical help in such circuits; and for other purposes.

HB 941. By Mr. Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Maysville, so as to change the term of office of mayor and aldermen; and for other purposes.

HB 943. By Mr. Dixon of the 65th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the City Court of Waycross and the Superior Court of Ware County, the clerk of the Superior Court of Ware County, the ordinary, the tax collector and tax receiver of Ware County on an annual salary, so as to provide that the sheriff shall have the authority to appoint one deputy; and for other purposes.
HB 944. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend Code Chapter 26-15 of the Criminal Code of Georgia, relating to criminal damage to property, particularly by an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, so as to provide exceptions thereto; and other purposes.
HB 945. By Messrs. Colwell of the 5th, Rush of the 51st, Davis of the 86th, Toles of the 9th, Moore of the 6th, Mauldin of the 12th, Milford of the 12th and Whaley of the 93rd:
A Bill to be entitled an Act to repeal an Act creating the Surface Mined Land Use Board; and for other purposes.

1942

JOURNAL OF THE HOUSE,

HB 946. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to establish a commission to comprehensively study the governmental functions of the City of Savannah and Chatham County; and for other purposes.

HE 315-949. By Messrs. Moore and Gunter of the 6th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

HB 953. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the "Georgia State Scholarship Commission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.

HB 954. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to authorize the Corpo ration to enter into contracts for the purpose of rendering any type of assistance or any service that may be deemed necessary or desirable to promote the student loan program throughout the State; and for other purposes.
HB 955. By Messrs. Kreeger, Housley, Atherton, Burruss, McDaniell, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.
HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th, Jones of the 87th and Funk of the 92nd:
A Bill to be entitled an Act to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that employees of Chatham County shall be afforded an opportunity to elect 3 members to the said Civil Service Board, which 3 members shall be in addition to the present membership thereof; and for other purposes.
HB 957. By Messrs. Levitas, Thomason, Farrar and Harris of the 77th, Morris and Bell of the 73rd, Jordan and Vaughn of the 74th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to corporate boundaries; and for other purposes.

FRIDAY, MARCH 14, 1969

1943'

HB 958. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; and for other purposes.

HB 959. By Messrs. Henderson of the 117th and Nessmith of the 44th:
A Bill to be entitled an Act to amend Code Section 88-1305, relating to the Radiation Control Council, so as to abolish the term of office of the appointee to said council who was appointed from the State at large; and for other purposes.

HB 960. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to provide that the member of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred while on county business; and for other purposes.

SR 43. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to change the procedure for overriding a veto by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and London of the 50th: A Resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
SR 101. By Senator Kidd of the 25th: A Resolution creating the Uniform Consumer Credit Code Study Com mittee ; and for other purposes.
SB 194. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggregate amount of shares does not exceed a certain percentage of its capital and unimpaired surplus; and for other purposes.

1944

JOURNAL OF THE HOUSE,

SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A Bill to be entitled an Act to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; and for other purposes.

SB 72. By Senator Smalley of the 28th:
A Bill to be entitled an Act to revise, classify, consolidate, and supersede the present laws relating to the procedure in the courts of Georgia in all criminal proceedings and to establish new laws relating thereto; to provide for fair, speedy, and impartial trials; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 935. Do Pass. HR 280. Do Pass.
Respectfully submitted, Matthews of the 63rd, Chairman.
Mr. Ware of the 30th, Chairman of the Defense and Veterans Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 909. Do Pass.
Respectfully submitted, Ware of the 30th, Chairman.

FRIDAY, MARCH 14, 1969

1945

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 872. Do Pass as Amended. HB 899. Do Pass as Amended. HB 923. Do Pass. HB 924. Do Pass. HB 925. Do Pass. HB 927. Do Pass. HB 928. Do Pass. HB 929. Do Pass. HB 930. Do Pass. HB 936. Do Pass. HB 937. Do Pass. HB 938. Do Pass. HB 939. Do Pass. HB 940. Do Pass. HB 941. Do Pass. SB 205. Do Pass. SB 216. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under con sideration the following Bill and Resolutions of the House and has instructed

1946

JOURNAL OF THE HOUSE,

me as Chairman, to report the same back to the House with the following rec ommendations :

HB 853. Do Pass. HE 271-825. Do Pass. HR 276-843. Do Pass. HR 307-904. Do Pass. HR 312-923. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 917. Do Pass by Substitute. SB 69. Do Pass by Substitute.
Respectfully submitted, McCracken of the 36th, Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 881. By Mr. Ross of the 26th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Solicitor General (now District Attorney) of the Toombs Judicial Circuit, so as to provide for an expense allowance; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 14, 1969

1947

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 882. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 883. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to change the number of the members of the Telfair County Board of Education from 5 to 7; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 884. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to amend an Act creating and establishing a charter for the City of Helena in the County of Telfair, as amended, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1948

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 890. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, approved March. 21, 1958, as amended, so as to provide for personnel to assist certain county officers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 891. By Messrs. Harris and Roach of the 10th: A Bill to be entitled an Act to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924, as amended, so as to provide for clerical help for the commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 892. By Messrs. Harris and Roach of the 10th: A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, approved March 17, 1958, as amended, so as to provide for certain personnel to assist the tax commissioner; and for other purposes.

FRIDAY, MARCH 14, 1969

1949

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the City Court of Albany, approved December 16, 1897, as amended, so as to reduce the number of judges pro hac vice; to change the compensation of the judges pro hac vice; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 903. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chairman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of all counties with populations of not less than

1950

JOURNAL OF THE HOUSE,

17,000 nor more than 34,000, according to the 1960 Federal Decennial Census, or any future such census, to effectuate all actions approved by a majority of the members of said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SR 14. By Senators Hudgins of the 15th and Jackson of the 16th: A Resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution having received the requisite constitutional majority, was adopted.

SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others: A Bill to be entitled an Act to amend an Act entitled an Act to establish a method for providing fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four (4) ; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 14, 1969

1951

SB 216. By Senator Smith of the 18th:
A Bill to be entitled an Act to designate and establish the State Court of Houston County, as the "special court" provided for by Art. VI, Sec. IX, Para. I of the Constitution, as amended; to provide for the manner and method of the correction of errors; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 872. By Mr. Hargrett of the 58th: A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Wayne County on a salary in lieu of the fee system, as amended, so as to change the annual salaries of the sheriff and the clerk of the superior court of Wayne County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend H. B. 872 as follows:
By striking the first sentence of subsection (a) of quoted Section 2, which Section is quoted in Section 1 of said bill, and substituting in lieu thereof the following:
"The sheriff of Wayne County shall receive an annual salary of $9,450.00 until January 1, 1970, at which time his annual salary shall be increased to $10,000.00."
And, by striking the first sentence of subsection (a) of quoted Section 3, which Section in quoted in Section 2 of said bill, and sub stituting in lieu thereof the following:
"The clerk of the superior court of Wayne County shall receive an annual salary of $9,450.00 until January 1, 1970, at which time his annual salary shall be increased to $10,000.00."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

1952

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to reincorporate the City of Cave Spring in the County of Floyd; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend House Bill No. 899 as follows:
By striking in Article II, Section 2.03 the last sentence which reads as follows:
"In the event of a tie vote for any office or term the winner shall be determined by lot conducted by the incumbent council."
And inserting in lieu thereof the following sentence:
"Whenever a tie vote causes an inability to determine who is elected to an office, then the election to such office shall be decided between the tying candidates by a casting of lots conducted by and in the manner prescribed by the Municipal Superintendent of the election."

The report of the Committee, which was favorable to the passage of the Bill, amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed, amended.

SB 255. By Senator McGill of the 24th:
A Bill to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, as amended, so as to change the compensation of the clerk of the Superior Court; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 14, 1969

1953

HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd:
A Bill to provide the procedure for the consideration of the General Appropriations Bill by House of Representatives; and for other pur poses.

HB 170. By Mr. Barber of the 15th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait after filing notice; and for other purposes.

HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Ployd of the 7th and Melton of the 32nd:
A Bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for a Fiscal Officer for the Legislative Branch of Government; and for other purposes.

HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th, and Smith of the 43rd:
A Bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to increase the surety bond required of the Executive Director of the corporation; to authorize the Board to defer repayment of certain loans; and for other purposes.

HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th, Simkins, Maxwell and Miles of the 78th:
A Bill to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; and for other purposes.

HB 518. By Mr. Brooks of the 17th:
A Bill to change the terms of the Superior Court of Oglethorpe County; and for other purposes.

HB 523. By Mr. Lambert of the 25th:
A Bill to create and establish an Airport Authority for the City of Madison; and for other purposes.

1954

JOURNAL OF THE HOUSE,

HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th and others:
A Bill to provide preference for certain veterans in any civil service program established in the State government or any political sub division thereof; to provide the procedure connected therewith; to define "armed conflict"; and for other purposes.

HB 553. By Mr. Hadaway of the 27th:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.

HB 554. By Mr. Hadaway of the 27th:
A Bill to amend an Act creating a board of commissioners of roads and revenues for the County of Twiggs, so as to change the compensa tion for the commissioners of said board; and for other purposes.

HB 557. By Messrs. Dorminy of the 48th, Hudson of the 48th and Busbee of the 61st:
A Bill to amend subsection (g) of Code Section 92-1404, relating to the distribution of funds to counties for construction and maintenance of public roads, so as to provide for the time of submission of certificates of accumulation of funds and proof of deposit of investment of such funds; and for other purposes.

HB 595. By Mr. Lewis of the 37th:
A Bill to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.

HB 605. By Mr. Dean of the 19th:
A Bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the compensation of the jurors for their services; and for other purposes.

HB 621. By Messrs. Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th:
A Bill to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.

FRIDAY, MARCH 14, 1969

1955

HB 645. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to incorporate the City of Cohutta, Georgia, in the County of Whitfield; and for other purposes.

HB 646. By Mr. Grahl of the 40th:
A Bill to create the Peach County Industrial Development Authority; and for other purposes.

HB 674. By Mr. Brantley of the 114th:
A Bill to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; and for other purposes.

HB 701. By Messrs. Roach and Poole of the 10th: A Bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th: A Bill to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.
HB 723. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.
HB 724. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.
HB 725. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, so as to change the compensa tion of the Clerk of the Superior Court; and for other purposes.

1956

JOURNAL OF THE HOUSE,

HB 726. By Messrs. Douglas and Rowland of the 42nd:
A Bill to amend an Act placing the Sheriff of Laurens County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes.

HB 727. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the Tax Com missioner; and for other purposes.
HB 728. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act providing a supplemental salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary of the ordinary; and for other purposes.
HB 729. By Messrs. Vaughn and Jordan of the 74th: A Bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.
HB 730. By Messrs. Parker, Lane and Nessmith of the 44th: A Bill to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of said Ordinary; and for other purposes.
HB 731. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.
HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st, Battle of the 90th, Gignilliat of the 89th and others: A Bill to amend an Act creating a charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality; and for other purposes.
HB 739. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County and for other purposes.

FRIDAY, MARCH 14, 1969

1957

HB 740. By Mr. Ballard of the 23rd:
A Bill to amend an Act creating a new Charter for the Town of Oxford, so as to change the compensation of the Mayor and Councilmen; to provide for the election of the Mayor and Councilmen; and for other purposes.

HB 741. By Mr. Ballard of the 23rd:
A Bill to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain persons shall not be employed; and for other purposes.

HB 742. By Mr. Ballard of the 23rd:
A JBill to amend an Act creating a new charter for the Town of New born, so as to provide for the election of the Mayor and Councilmen; and for other purposes.

HB 743. By Mr. Ballard of the 23rd: A Bill to provide for the election of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
HB 749. By Messrs. Kreeger, Atherton, Housley, Henderson, Wilson, McDaniell and Burruss of the 117th: A Bill to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
HB 751. By Messrs. Black and Edwards of the 45th: A Bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to change the corporate limits of said City; and for other purposes.

HB 752. By Messrs. Black and Edwards of the 45th:
A Bill to amend an Act placing the sheriff of Chattahooch.ee County on a salary basis in lieu of a fee basis; and for other purposes.

HB 753. By Mr. Ross of the 26th:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary; and for other purposes.

1958

JOURNAL OF THE HOUSE,

HB 754. By Mr. Ross of the 26th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County so as to change the compensation of the chairman; and for other purposes.

HB 758. By Mr. Collier of the 54th:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary; and for other purposes.

HB 790. By Messrs. Dodson of the 82nd, Evans, Knapp, Keen, Scarborough and Pinkston of the 81st, Grahl of the 40th:
A Bill to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; and for other purposes.

HB 792. By Messrs. Rainey and Bowen of the 47th:
A Bill to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.

HB 794. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act creating the office of commissioner of Bleckley County, so as to increase the compensation of the commissioner; to provide for a clerk; and for other purposes.

HB 795. By Messrs. Anderson and Holder of the 49th: A Bill to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
SB 245. By Senator Smalley of the 28th: A Bill to amend the "Georgia Insurance Code", as amended, so as to provide that surplus funds borrowed by such companies as therein authorized shall not constitute liabilities of the companies except as provided herein or as herein authorized; and for other purposes.

FRIDAY, MARCH 14, 1969

1959

SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A Bill to repeal House Resolution No. 14a, adopted at the 1949 Ex traordinary Session of the General Assembly of Ga., which resolution authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; and for other purposes.

HB 289. By Messrs. Pelton of the 95th and Morris of the 73rd:
A Bill to attract investment capital and to promote the growth of industry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 84. By Senator Kidd of the 25th:
A Resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.

SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st, and others:
A Bill to amend an Act providing for grants to certain nunicipalities of this State for the purpose of aiding in the construction and mainte nance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control; and for other purposes.

SB 161. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A Bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, as amended, so as to define the meaning of the word "population" as used in this Act; and for other purposes.

Mr. Parker of the 46th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

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JOURNAL OP THE HOUSE,

SB 13. By Senators Carter of the 14th, Stephens of the 36th, Andrews of the 49th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.

On the motion to reconsider, the ayes were 83, nays 46.

The motion prevailed, and SB 13 was reconsidered.
Mr. Chandler of the 34th asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 173. By Senator Padgett of the 23rd: A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confinement for limited social visits; and for other purposes.
The consent was granted, and SB 173 was reconsidered.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 130. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clay ton County; and for other purposes.
HB 193. By Mr. Lowrey of the 9th: A Bill providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.

FRIDAY, MARCH 14, 1969

1961

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th:
A Bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.

HB 748. By Messrs. Rainey and Bowen of the 47th:
A Bill to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.

HB 750. By Messrs. Black and Edwards of the 45th:
A Bill to change the election date for the members of the Stewart County Board of Education; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

SB 234. By Senator Bateman of the 27th: A Bill to amend an Act which provides a schedule of license fees for motor vehicles, approved Dec. 24, 1937, as amended, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers; and for other purposes.
The following Resolution of the House was read and adopted:
HR 340. By Messrs. Northcutt of the 21st, Adams of the 100th, Floyd of the 7th, Lewis of the 37th and Ware of the 30th:
A RESOLUTION
Commending the Veterans of World War I; and for other purposes.
WHEREAS, the loyal sons and daughters of Georgia have re sponded to the call and served valiantly in every war in which our Nation has been engaged; and
WHEREAS, in World War I, more than 103,498 Georgians served in the Army, Navy and Marine Corps, including 238 women officers of the Army Nurse Corps, in divisions of the Georgia National Guard and the 82nd Divisions; and

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JOURNAL OF THE HOUSE,

WHEREAS, there were 586 battle dead; 2,479 gassed, wounded or permanently disabled; 1,530 deaths from disease or wounds and some lost at sea; and

WHEREAS, the 17th Engineers of Atlanta, first Georgia-trained unit, brought international fame to our State as it paraded before King George V and Queen Mary and the royal family at Buckingham Palace, London, August 15, 1917, a first in U.S. history, and the 325th Infantry of the 82nd Division paraded there in May, 1918; and

WHEREAS, as an indication of active interest of some young citizens, and to show their filial esteem for those who served, the Sandtown Trail Society, Children of the American Revolution, had a special United States Flag flown over our Georgia State Capitol building on November 11, 1968, to commemorate the 50th anniversary of the sign ing of the Armistice and cessation of hostilities in France.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby pays tribute to our World War I fellow-Georgians who served our State and Nation so nobly and well in 1917-18, patriots of half a century ago, whose survivors' average age is 74 and whose ranks are being depleted by approximately 144 each month, and we salute and congratulate those who have been spared by Almighty God, fewer than 25,000.

BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted by the Clerk of the House to the Press.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 750. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to change the election date for the members of the Stewart County Board of Education; and for the other purposes.

The following Senate amendment was read:
County and Urban Affairs offers to amend HB 750 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of Stewart County to issue the call for an election for the purpose of sub mitting this Act to the voters of Stewart County for approval or rejection. The Ordinary shall set the date of such election for a day

FRIDAY, MARCH 14, 1969

1963

not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediate ly preceding the date thereof, in the official organ of Stewart County. The ballot shall have written or printed thereon the words:

'For approval of the Act changing the date for electing the members of the Stewart County Board of Education, and appoint ing certain persons to the Stewart County Board of Education.

'Against approval of the Act changing the date for electing the members of the Stewart County Board of Education, and appoint ing certain persons to the Stewart County Board of Education.'

All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Stewart County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secre tary of State."

Mr. Black of the 45th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 750 was agreed to.

HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, and others:
A Bill to be entitled an Act to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.

The following Senate amendment was read:
Senator Andrews of the 49th moves to amend HB 458 by adding a sentence at the end of Section 1 as follows:
"The offense of hijacking is declared to be a continuing offense

1964

JOURNAL OF THE HOUSE,

from the point of beginning and jurisdiction to try a person accused of the offense of hijacking shall be in any county of Georgia over which the aircraft is being operated."

and amend caption accordingly.

Mr. Collins of the 72nd moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 157, nays 0.

The motion prevailed, and the Senate amendment to HB 458 was agreed to.

The following communication from His Excellency Lester G. Maddox, Governor of the State of Georgia, was received and read:
Honorable Geo. L. Smith II Speaker, House of Representatives and Members of the House of Representatives State Capitol Atlanta, Georgia
Ladies and Gentlemen:
In accordance with Article V, Section I, Paragraph XI of the Consti tution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the General Assembly on the 8th day of March, 1968, to the date of this communication, there have been no convictions for treason in the State of Georgia.
Therefore, I was not called upon to suspend the execution of a sentence for treason.
In accordance with Article V, Section I, Paragraph XI of the Constitution of the State of Georgia, I further report to you as follows:
On February 15, 1968, I granted a stay of execution in the case of the State of Georgia v. Walter C. Collier. Collier was sentenced to death by electrocution on February 23, 1968, after conviction of Murder in the Superior Court of Colquitt County. The sentence was stayed for a period of sixty days in order that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.

FRIDAY, MARCH 14, 1969

1965

On February 9, 1968, I granted a stay of execution in the case of the State of Georgia v. Joseph Bonaparte. Bonaparte was sen tenced to death by electrocution on November 10, 1967, after con viction of Rape in the Superior Court of Chatham County. The sentence was stayed for a period of sixty days on November 3, 1967, and for a period of thirty days on January 5, 1968. It was stayed for an additional fifteen days on February 9, 1968, at the request of the State Board of Pardons and Paroles in order that the Board might have time to conclude action in said case.

On February 9, 1968, I granted a stay of execution in the case of the State of Georgia v. Ulysses Martin, Jr. Martin was sentenced to death by electrocution on November 10, 1967, after conviction of Murder in the Superior Court of Fulton County. The sentence was stayed for a period of sixty days on November 3, 1967, and for a period of thirty days on January 5, 1968. It was stayed for an additional fifteen days on February 9, 1968, at the request of the State Board of Pardons and Paroles in order that the Board might have time to conclude action in said case.
On May 6, 1968, I granted a stay of execution in the case of the State of Georgia v. Robert Timmons. Timmons was sentenced to death by electrocution on May 16, 1968, after conviction of Murder in the Superior Court of Washington County. The sentence was stayed for a period of thirty days in order that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.
On February 20, 1969, I granted a stay of execution in the case of the State of Georgia v. Clifton D. Morgan. Morgan was sentenced to death by electrocution on February 25, 1969, after conviction of Rape in the Superior Court of Glynn County. The sentence was stayed for a period of sixty days in order that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.
I extend my personal regards to each of you.

Sincerely, Lester Maddox Governor

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

1966

JOURNAL OF THE HOUSE,

SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th, and others:
A Resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunction with Georgia Highway Project F 010-2 (10) formerly FAP 449-C; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th:
A Bill to amend Code Title 56 known as the "Georgia Insurance Code" approved Mar. 8, changes in regards to hospital care; to repeal con flicting laws; and for other purposes.

The Senate has agreed to House Amendments Nos. 2, 3, 4, and 5 and agreed to House Amendment No. 1, as amended, to the following Bill of the Senate, to-wit:

SB 136. By Senator Broun of the 46th:
A Bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:

HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd, Conger of the 68th, and others:
A Bill to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband's alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court of this State; and for other purposes.
The Senate insists on its amendment to the following Bill of the House, to-wit:

FRIDAY, MARCH 14, 1969

1967

HB 436. By Mr. Vaughn of the 74th:
A Bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Au thority heretofore created by an Act approved February 8, 1955, and known as the 'Georgia Rural Roads Authority Act', so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any incorporated municipality rights-of-way and other property; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of 106th:
A Bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to wit:

SB 257. By Senator Garrard of the 37th:
A Bill to amend Code Section 56-2703, relating to life insurance cov erage for dependents under group policies, as amended, so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SR 84. By Senator Kidd of the 25th:
A Resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 106. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st, and others:
A Bill to be entitled an Act to amend an Act providing for grants

1968

JOURNAL OF THE HOUSE,

to certain municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 161. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to define the meaning of the word "population" as used in this Act; and for other purposes.
Referred to the Committee on Local Affairs.

SB 234. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend an Act which provides a schedule of license fees for motor vehicles, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 245. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend the "Georgia Insurance Code'V so as to provide that surplus funds borrowed by such companies as therein authorized shall not constitute liabilities of the companies except as provided herein or as herein authorized; and for other purposes.
Referred to the Committee on Insurance.

SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A Bill to be entitled an Act to repeal House Resolution No. 14a adopted at the 1949 Extraordinary Session of the General Assembly of Georgia, which resolution authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; and for other purposes.
Referred to the Committee on Judiciary.

SB 255. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, so as to change the compensation of the clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, MARCH 14, 1969

1969

SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 56 known as the "Georgia Insurance Code", so as to make certain changes in regards to hospital care; and for other purposes.
Referred to the Committee on Rules.

SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th and others:
A Resolution authorizing the cancellation and exchange of certain easements held by the State Highway Department acquired in conjunc tion with Georgia Highway Project F 010-2 (10) formerly FAP 449-C; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 257. By Senator Garrard of the 37th:
A Bill to be entitled an Act to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes.
Referred to the Committee on Insurance.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1. By Senator Rowan of the 8th:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admission of patients; and for other purposes.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit:

1970

JOURNAL OF THE HOUSE,

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd and others:
A Bill to amend Code Section 92-1403 of the Georgia Code of 1933, relat ing to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Hensley of the 33rd, Gillis of the 20th and Fincher of the 51st.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The President has appointed a second Conference Committee on the part of the Senate the following Senators:

Holloway of the 12th, Smith of the 18th, and Padgett of the 23rd.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

,SR 122. By Senator Coggin of the 35th: A Resolution relative to adjournment; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.

FRIDAY, MARCH 14, 1969

1971

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 149, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 188-490. By Mr. Shanahan of the 8th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of a certain tract of State-owned property; and for other purposes.
WHEREAS, on November 19, 1956, the New Echota Cherokee Foundation, Inc., conveyed approximately 202 acres to the State of Georgia to be used for the purpose of restoring New Echota, the last capital of the Cherokee Indian Nation; and
WHEREAS, except for approximately 28 acres, such property, as was conveyed to the State of Georgia, lies south of State Highway 225; and
WHEREAS, upon the property south of said Highway 225, a museum and other buildings have been erected and are being utilized by the State of Georgia for the purposes for which conveyed; and
WHEREAS, the approximately 28 acres north of said highway has not been developed and is not presently being used by the State of Georgia; and
WHEREAS, said 28 acres adjoins property owned by the Calhoun Elks Home, Inc.; and
WHEREAS, the Calhoun Elks Home, Inc., is desirous of leasing said 28 acres for a period of 20 years for the purpose of constructing thereon an addition of nine holes to their existing nine-hole golf course; and
WHEREAS, said tract desired by the Calhoun Elks Home, Inc., is more particularly described as follows:

1972

JOURNAL OF THE HOUSE,

"All that tract or parcel of land lying and being in the four teenth district and third section of Gordon County, Georgia, and being parts of Land Lots 124 and 125, and more particularly described as follows: Commencing at a point where the northern boundary of the right-of-way of Georgia Highway 225 intersects New Town Creek, and proceeding in a generally westerly direction along the northern boundary of Georgia Highway 225 for a distance of 1,817 feet to a point; thence north 10 east for a distance of 210 feet to a point; thence north 86 west for a distance of 210 feet to a point; thence north 10 east for a distance of 230 feet to a point; thence east for a distance of 1,820 feet to a point and the intersection of New Town Creek; and thence in a generally southerly direction along the meanderings of said New Town Creek for a distance of 907.8 feet to a point which is the point of begin ning."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the control and judisdiction over said tract of land hereinabove described is hereby transferred to the State Properties Control Commission and said Commission is hereby authorized to lease said tract of land to the Calhoun Elks Home, Inc., for a period of 20 years, the consideration for said lease to be as agreed upon by said Commission and said Corporation, but the instrument or instru ment leasing said tract of land shall contain a provision that said lease may be cancelled by the State Properties Control Commission upon the recommendation of the Georgia Historical Commission when at least one year's notice is given to the lessee prior to such cancellation.

BE IT FURTHER RESOLVED that the Chairman of the State Properties Control Commission, acting for and on behalf of said Com mission, and a duly authorized officer of the Calhoun Elks Home, Inc., are hereby authorized to execute the instrument or instruments necessary to carry out the provisions of this Resolution, and any such instrument or instruments shall be attested by the Secretary of said Commission and a duly authorized officer of the Calhoun Elks Home, Inc.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
By unanimous consent, HR 188-490, by substitute, was ordered immediately transmitted to the Senate.

FRIDAY, MARCH 14, 1969

1973

HB 805. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend Code Section 92-2903, relating to the registration and licensing of manufacturers and dealers of motor vehicles, tractors and trailers, as amended, by an Act approved De cember 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), an Act approved June 24, 1955 (Ga. Laws 1955, Ex. Sess., p. 38), and an Act approved March 12, 1959 (Ga. Laws 1959, p. 232), so as to provide for issuing such license plates to persons engaged in the business of transporting mobile homes and house trailers for others; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 92-2903, relating to the registration and licensing of manufacturers and dealers of motor vehicles, tractors and trailers, as amended, by an Act approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), an Act approved June 24, 1955 (Ga. Laws 1955, Ex. Sess., p. 38), and an Act approved March 12, 1959 (Ga. Laws 1959, p. 232), is hereby amended by adding after the following:
"tags shall be used only on vehicles being transported.",
the following:
"Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license tags under the provisions of this section.",
so that when so amended Code Section 92-2903 shall read as follows.
"92-2903. Registration and license of makers and dealers; ad ditional tags.--Manufacturers and dealers engaged in the manu facture or sale of motor vehicles, tractors or trailers shall register with the State Revenue Commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor or trailer manufactured or sold by them, upon blanks prepared by the State Revenue Commissioner for such, purposes, and pay therefor a fee of $25, which fee shall accompany such application, and for which said fee the State Revenue Com missioner shall furnish to said dealer one number plate, to be known

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JOURNAL OF THE HOUSE,
as a dealer's number, and to be distinguished from the number plates herein provided for by a different and distinguishing color to be determined by the State Revenue Commissioner, with the word 'Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this section. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $25 hereinabove provided, shall pay $5 for each and every additional number plate furnished. Persons engaged in the busi ness of transporting motor vehicles for others under such motor vehicle's own power shall likewise be entitled to obtain license tags under the provisions of this section, but such tags shall be used only on vehicles being transported. Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license tags under the provisions of this section. The State Revenue Commissioner is authorized to promulgate rules and regulations covering the issuance of tags to such persons. Provided, however, the provisions of this section shall not apply in any manner to farm tractors."
SECTION 2
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 158, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 805, by substitute, was ordered immediately transmitted to the Senate.

HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon

FRIDAY, MARCH 14, 1969

1975

the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; and for other purposes.

The following Committee amendment was read and adopted:

The Judiciary Committee moves to amend HB 747 by inserting in the caption after the words "in all actions" the words "in Superior Court" and by inserting at the beginning of quoted Code Section 81A-152 in Section 1 following the words "In all actions" the words "in Superior Court.".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 747, as amended, was ordered immediately trans mitted to the Senate.

HR 272-825. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was adopted.
HB 797. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen; and for other purposes.

1976

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved February 16, 1961 (Ga. Laws 1961, p. 45), so as to provide that it shall be unlawful for any person to come inside the established guard lines at various peniten tiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating substance; to provide penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved February 16, 1961 (Ga. Laws 1961, p. 45), is hereby amended by striking Section 33.2 in its entirety and inserting in lieu thereof a new Section 33.2, which shall read as follows:

"Section 33.2. It shall be unlawful for any person to come inside the established guard lines with a gun, pistol, or any other weapon, or any intoxicating liquor, or amphetamines, biphetamines, inhalers, or any other hallucinating or intoxicating substance, without the knowledge and consent of the warden or his deputy wardens in charge. Any person who violates the provisions of this Section commits a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than four years."

SECTION 2

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 150, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, MARCH 14, 1969

1977

By unanimous consent, HB 797, by substitute, was ordered immediately transmitted to the Senate.

HR 249-701. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th, Parker of the 46th, Howell of the 60th, Leonard of the 3rd, Connell of the 79th, Bohannon of the 20th, Bray of the 31st, Nunn of the 41st and Scarborough of the 81st:
A Resolution creating the Joint Election Laws Study Committee; and for other purposes.

The following substitute, offered by Mr. McCracken of the 36th, was read and adopted:
A RESOLUTION
Creating the Joint Election Laws Study Committee; and for other purposes.
WHEREAS, many problems exist in the election laws of Georgia concerning party registration, State supervision of primaries and payment of primary costs; and
WHEREAS, there is a need for unification and improvement of Georgia's election machinery in general; and
WHEREAS, it is of great importance to the State that additional studies be made in order to propose meaningful legislation to remedy these problems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Election Laws Study Committee, to be composed as follows:
Four members of the House of Representatives chosen by the Speaker; four members of the Senate chosen by the President; the five members of the State Election Board; one member of the At torney General's Office; and two ordinaries, one from a county with a population of 10,000 or less, and one from a county with a population of more than 10,000. The Speaker and the President shall choose the ordinaries, and the Attorney General shall select the representative from his office.
The members of the Committee shall elect a chairman, a secretary, and such other officers as they shall deem advisable. The Committee shall adopt its own procedures for operation.
The Committee shall study the many problems which exist concern ing party registration, State supervision of primaries and payment of primary costs, and such other areas of the election laws as the Committee shall deem advisable.

1978

JOURNAL OF THE HOUSE,

The Committee is authorized to hold public hearings.

The Committee shall make a report of its findings and recom mendations to the 1970 Session of the General Assembly, at which time it shall stand abolished.

The Legislative members of the Committee shall receive such ex penses and allowances as are authorized to members of interim legislative committees, from funds of the Legislative Branch of the Government. The representative of the Attorney General shall receive no compensation for his activities on said Committee, but shall be reimbursed for ex penses incurred in discharging his official duties. The members of the State Election Board shall receive the compensation authorized by law for their services as members of said Board for each day spent on the official business of the Joint Election Laws Study Committee. The ordinaries shall receive such expenses and allowances as are authorized to Legislative members of interim study committees, from funds of the Legislative Branch of the State Government, notwithstanding any provisions to the contrary in an Act relating to the separation of powers of the three branches of State Government, approved February 12, 1959 (Ga. Laws 1959, p. 34), as amended by an Act approved February 2, 1961 (Ga. Laws 1961, p. 42).

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 156, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 250-701. By Mrs. Merritt of the 46th:
A Resolution authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 14, 1969

1979

By unanimous consent, HR 250-701 was ordered immediately transmitted to the Senate,

HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, as amended, so as to increase the time within which certain vehicles must be registered and a license plate required; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, so as to increase the time within which certain vehicles must be registered and a license plate acquired; to increase the penalty for the failure to timely register a vehicle; to delete those provisions requiring the reflectorization of license plates for the year 1970-71; to provide for a five-year license plate for certain vehicles; to provide for annual revalidation stickers; to provide that license plates shall be reflectorized; to provide the procedures connected with all of the foregoing matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, is hereby amended by striking from Code Section 68-201, relating to the registration and licensing of certain vehicles, as amended, the following phrase:
"or within three days following the purchase of a new or unregistered motor vehicle,"
and substituting in lieu thereof the following:
"or within seven days following the purchase of a new or unregistered motor vehicle,",
and striking therefrom the following:
"20 per cent."
and substituting in lieu thereof:
"25 per cent."

1980

JOURNAL OP THE HOUSE,

SECTION 2

Said Code Chapter is further amended by striking from Code Section 68-214, relating to license plates for vehicles, as amended, particularly by an Act approved March 7, 1968 (Ga. Laws 1968, p* 424), the last paragraph thereof which reads as follows:

"In addition to the foregoing requirements, in order to reduce road accidents and improve the visibility and legibility of license plates after dark, all vehicle license plates shall be treated with a reflective material which shall provide effective and dependable reflective brightness during the service period required of the license plate issue. The product to be used shall be purchased by competitive bidding through specifications issued by the Purchas ing Department and the products shall be tested for conformance by the Materials and Test Engineer of the Georgia State Highway Department."

SECTION 3
Said Code Chapter is further amended by striking in its entirety Code Section 68-214, relating to license plates for vehicles, as amended, and substituting in lieu thereof a new Code Section 68-214 to read as follows:
"68-214. (a) Applications for the registration of vehicles required to be registered shall be made to the agent of the State Revenue Commissioner pursuant to the provisions of an Act ap proved March 9, 1955 (Ga. Laws 1955, p. 659), as amended. If the applicant meets the requirements set forth therein, the com missioner shall assign to the vehicle a distinctive serial number and the applicant shall be furnished without further cost one metal license plate upon which there shall be impressed the serial number designated to such vehicle or, in lieu of such plate, the annual revalidation sticker hereinafter provided for.
(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, and such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years, Every five years a new metal license plate shall be provided by the commissioner for is suance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation sticker shall be issued for such plates.
(c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Governor's Co-

FRIDAY, MARCH 14, 1969

1981

ordinator of Highway Safety shall prepare the specifications which such retroreflective material shall meet.
(d) In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle.
(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number upon which there shall be printed the name of the agent's county. The decal shall be of such design that for those owners who desire to do so, it may be affixed with facility to the numbered license plate in the space provided without obscuring any number or other information required to be present on the plate.
(f) A duplicate license plate, or revalidation sticker, when the original has been lost, defaced, or destroyed, may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction, and the payment of a fee of $2.00. A license plate, when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as hereinafter provided. Any use of said plate by any other person or persons in any manner not provided for in this Chapter shall be a violation thereof.
(g) The State Revenue Commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee to be prescribed by the Commissioner, special and distinctive license plates issued to members of the National Guard, disabled veterans, amateur radio station licensees, citizen band radio station licensees, members of the General Assembly, foreign consuls, commanders of certain veteran's organizations and persons desiring special personalized prestige license plates may be used upon and transferred to vehicles other than the vehicle for which such plate was issued.

(h) Any vehicle operated in the State of Georgia after April 1, of any year, which is required to be registered, that does not have attached to the rear thereof a numbered license plate and current revalidation sticker, if required, shall be stored at the owner's risk and expense by any enforcement officer of the State of Georgia. It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate, properly validated. If the owner of said vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation sticker has not been delivered to him, then said owner shall not be subject to the above penalties."

SECTION 4

The provisions of Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law

1982

JOURNAL OP THE HOUSE,

without his approval. The remaining provisions shall become effective on January 1, 1971.

SECTION 5

All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:
Mr. Brown of the 32nd moves to amend Committee Substitute to House Bill 140 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to increase the fee for licensing the operation of each vehicle for the year 1970;".
By inserting in Section 4, after the word "Section 2", the following:
"and Section 5".
By renumbering Section 5 as Section 6.
And, by inserting following Section 4 a new Section 5 to read as follows:
"Section 5. Notwithstanding any other provisions of law to the contrary, the annual fee for the licensing of the operation of each vehicle for the year 1970 shall be increased by the sum of 50^."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the ayes were 150, nay 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

FRIDAY, MARCH 14, 1969

1983

HB 551. By Messrs. Farrar and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Commission as a State agency and a hudget unit of the State government; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "State Council for the Preservation of Natural Areas" Act, approved March 10, 1966 (Ga. Laws 1966, p. 330), so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Council; to provide for findings and a declaration of purpose; to change certain definitions; to provide for the appointment of members and for terms of office; to provide for the reimbursement of certain expenses; to provide for the employment of an Executive Director and other personnel and for their compensation; to provide for the appropriation of funds to the State Parks Department for the use of the Georgia Natural Areas Council; to provide that said Council shall be the successor to the State Council for the Preservation of Natural Areas and for the continuation of certain membership of said Council on the Georgia Natural Areas Council; to provide for all procedures, requirements and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act known as the "State Council for the Preservation of Natural Areas" Act, approved March 10, 1966 (Ga. Laws 1966, p. 330), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. Short Title. This Act shall be known and may be cited as the 'Georgia Natural Areas Council Act'."
SECTION 2
Said Act is further amended by adding a new Section between Section 1 and 2 to be designated Section 1A and to read as follows:
"Section 1A. Findings; declaration of purpose. The General Assembly finds that there is an increasing nationwide concern over the deterioration of man's natural environment in rural as well as urban areas; that there is a serious need to study the long-term effects of our civilization on our natural environment; that while

1984

JOURNAL OF THE HOUSE,

the State of Georgia is still richly endowed with relatively undis turbed natural areas, these areas are rapidly being drastically modified and even destroyed by human activities; that it is of the utmost importance to preserve examples of such areas in their natural state, not only for scientific and educational purposes but for the general well-being of our society and its people. Therefore, it shall be the purpose and function of the Georgia Natural Areas Council to identify natural areas in the State of Georgia which are of unusual ecological significance and use its influence and take whatever steps which are within its power to secure the preserva tion of such areas in an undisturbed natural state in order that such areas may: (1) be studied scientifically, (2) be used for educational purposes, (3) serve as examples of nature to the general public, (4) enrich the quality of our environment for present and future generations, and (5) to recommend areas or parts of areas for recreational use."

SECTION 3
Said Act is further amended by striking the quoted definitions of Section 2 in their entirety and substituting in lieu thereof new defini tions to read as follows:
" 'Council' shall mean the Georgia Natural Areas Council hereinafter created.
" 'Natural areas' shall mean a tract of land in its natural state which may be set aside and permanently protected or man aged for the purpose of the preservation of native plant or animal communities or rare or valuable individual members of such com munities or any other natural features of significant scientific, educational, geological, ecological or scenic value."

SECTION 4
Said Act is further amended by striking Sections 3, 4, and 5 in their entirety and substituting in lieu thereof new Sections 3, 4, and 5 to read as follows:
"Section 3. Georgia Natural Areas Council; creation; mem bers; appointment; terms of office; vacancies, (a) There is hereby created the Georgia Natural Areas Council which shall be attached to the Department of State Parks for budgetary purposes and for the administration of fiscal matters and which shall consist of thirteen (13) members as follows:
(1) One representative to be appointed by the State Game and Pish Commission for a term to be determined at the discretion of said Commission.
(2) One representative to be appointed by the State Forestry Commission for a term to be determined at the discretion of said Commission.

FRIDAY, MARCH 14, 1969

1985

(3) One representative from the Department of State Parks, to be appointed for a term to be determined at the discretion of the Director of said Department.

(4) One representative from the Georgia Water Quality Control Board to be appointed for a term to be determined by the Director of said Board.

(5) Two representatives from the University System of Geor gia to be appointed by and for a term to be determined by The Georgia Association of Colleges.

(6) Two representatives from the private colleges and uni versities of the State to be appointed by and for a term to be determined by The Georgia Association of Colleges.

(7) One representative from the Georgia Soil and Water Conservation Committee for a term to be determined at the dis cretion of the said Committee.

(8) One representative from the Regional Area Planning and Development Commissions to be appointed by the Georgia Regional Executive Directors Association for a term to be determined by said Association.

(9) One representative from the State Senate who shall be the Chairman of the Game and Fish Subcommittee of the Senate Agriculture and Natural Resources Committee and shall serve for a term to be determined by the Lieutenant Governor.

(10) Two representatives from the State House of Representa tives, one of whom shall be the Chairman of the House Game & Pish Committee and the other the Chairman of the House Natural Resources Committee.

(b) In the event any member fails or is unable to serve the full term for which he is appointed, the appropriate agency responsi ble for his appointment shall appoint a person to serve for the unexpired term. Any member shall be eligible for reappointment.

(c) The members of the Council, other than the legislative members, shall serve without compensation but shall be reimbursed for travel expenses, at the rate authorized by law for State em ployees, and other actual and necessary expenses incurred by them in carrying out their official duties and responsibilities under this Act. The legislative members of the Council shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the Council.

"Section 4. Officers, meetings, quorum, Executive Director, (a) The Council shall select a Chairman from its own members who shall call meetings of the Council and preside at such meet ings. Meetings may also be called at the request of any five members

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and may be held as often as necessary, but the Chairman shall call at least one meeting every six months. Seven members of the Council shall constitute a quorum for the transaction of business.

(b) The Council shall be authorized to employ and fix the compensation of an Executive Director who shall be the chief ad ministrative officer and Secretary of the Council and shall have such other duties as the Council shall provide. The Executive Director, with the approval of the Council, shall be authorized to employ such staff and clerical personnel and fix their compensation as may be necessary to enable the Council to carry out its duties and responsibilities.

(c) The Executive Director shall be responsible for preparing and editing the minutes of the meetings of the Council.

"Section 5. Any funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise made available to the Department of State Parks for the use of the Georgia Natural Areas Council."

SECTION 5
The Council created by this Act shall be the successor to the State Council for the Preservation of Natural Areas heretofore created, and the membership of said Council shall be the same as the present member ship of said Council except the additional members added by quoted Section 3 of Section 4 of this Act shall be appointed as provided in said quoted Section 3, and except that said membership may be changed in accordance with the provisions of said quoted Section 3.

SECTION 6
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 7
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, MARCH 14, 1969

1987

By unanimous consent, HB 551, by substitute, was ordered immediately transmitted to the Senate.

HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th, Mullinax of the 30th, Housley of the 117th and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Local Affairs:
SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control; and for other purposes.

By unanimous consent, the following Resolution of the Senate was with drawn from the Committee on State Institutions and Property and referred to the Committee on State of Republic:

SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers; and for other purposes.

1988

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 507. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to be known as the "Georgia Equine Act"; and for other purposes.

The following Committee amendment was read and adopted:
The House Committee on Agriculture moves to amend House Bill 507 as follows:
By striking from subsection (b) of Section 2 the word "farmers" as it appears between the word "that" and "acquiring", and substitut ing in lieu thereof the words "any persons".
By striking from subsection (b) of Section 2 the word "farm" as it appears between the words "their" and "operations".
By inserting in Section 6 between the words "practices" and "prescribed", as they appear in the first sentence, the following phrase:
"or maintaining equine in good nutritional health as".
And, by adding at the end of Section 8 the following sentence:
"The cost of this service shall be paid by the seller and shall not exceed $1.00 per head."

The following amendment was read and adopted:

Mr. Reaves of the 71st moves to amend HB 507 as follows:
By adding a new sentence at the end of Section 5 to read as follows:
"Any such licensed dealer or broker, barn, auction or sales operator, or any individual subject to this Act, shall maintain such animals in good healthy condition."
By striking from Section 6 the words:
"or maintaining animals in good nutritional status as".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

FRIDAY, MARCH 14, 1969

1989

On the passage of the Bill, as amended, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purposes of considering the report of the Committee of Conference thereon:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to relate to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON H. B. 104
The Conference Committee on H. B. No. 104 reports that it has been unable to agree on all matters and recommends that the Committee be dissolved and that another Conference Committee be appointed.
Respectfully submitted,
FOR THE SENATE A. W. Holloway Senator, 12th District M. J. Padgett Senator, 23rd District Stanley E. Smith, Jr. Senator, 18th District
FOR THE HOUSE OF REPRESENTATIVES
E. R. Lambert Representative, 25th District
Quimby Melton, Jr. Representative, 32nd District
Thomas B. Murphy Representative, 19th DDistrict

Mr. Murphy of the 19th moved that the report of the Committee of Con ference be adopted and that, in accordance therewith, a second Committee of

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JOURNAL OF THE HOUSE,

Conference be appointed on the part of the House to confer with a like com mittee on the part of the Senate.

On the motion, the ayes were 160, nays 0.

The motion prevailed, and the report of the Committee of Conference on HB 104 was adopted.

Mr. McCracken of the 36th moved that the second Committee of Conference be appointed with the instructions that said Committee recommend the adoption of the Senate amendment regarding the tobacco tax.

Mr. Sweat of the 65th offered a substitute motion to instruct the Com mittee of Conference to sustain the position of the House in regards to the tobacco tax.

Mr. Carnes of the 108th offered a substitute motion to instruct the Com mittee of Conference to sustain the position of the House entirely as to its original passage of HB 104.

The Speaker ruled that the motion by Mr. McCracken of the 36th would be considered first, and ordered the Clerk to call the roll, viva voce, instructing the members to answer with "aye" or "nay".

The vote was as follows:

Those voting in the affirmative were Messrs.:

Ballard Barber Berry Brown, B. D. Brown, C. Clarke Colwell Connell Davis, W. Dean, J. E. Dean, N. Egan

Felton Graves Gunter Jordan, H. S. Lambert Lowrey Mason Matthews, C. Mauldin Miles Milford Murphy

McCracken Nash Nunn Paris Phillips, L. L. Sims Thompson, A. W. Thompson, R. Toles T'ownsend Wood

Those voting in the negative were Messrs.:

Adams Alexander

Anderson Atherton

Barfield Battle

Bell Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Buck Burruss Caldwell Carnes Gates Cato Chandler Cole Collins, M. Collins, S. Conger Cook Crowe Davis, E. T. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger

FRIDAY, MARCH 14, 1969
Gignilliat Grahl Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, G. Holder Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Keen Keyton Knapp Kreeger Lane, W. J. Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Marcus Matthews, D. R. Maxwell Melton Merritt Miller Moate

1991
Moore Mullinax McClatchey Nessmith Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Potts Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Shanahan Sherman Smith, J. R. Smith, V. T. Sweat Thomason Vaughn Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Wilson Winkles

On the motion by Mr. McCracken of the 36th, the ayes were 35, nays 126.

The motion was lost.

Mr. Floyd of the 7th moved that the House instruct the second Committee of Conference to sustain the position of the House on wine and cigarettes only.

Mr. Rowland of the 42nd offered a substitute motion that the second Com mittee of Conference on HB 104 be appointed uninstructed.

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The motion by Mr. Rowland prevailed.

The Speaker appointed as a second Committee of Conference on the part of the House the following members thereof:

Messrs. Lambert of the 25th, Murphy of the 19th and Melton of the 32nd.

The following Resolutions of the House and Senate were read and adopted:

HR 170. By Mr. Alexander of the 108th:
A RESOLUTION
Creating the Governmental Immunity Study Committee; and for other purposes.
WHEREAS, the problem of governmental immunity is one which has plagued public officials and citizens during the entire course of the history of governments; and
WHEREAS, there are various schools of thought concerning this subject, and many theories have been advanced concerning the proper procedure relating to claims of citizens against their government, be it local, State or Federal; and
WHEREAS, governmental units are oftentimes protected and granted complete immunity for tortuous acts against citizens, to the detriment of citizens; and
WHEREAS, it behooves the members of this body to be furnished a complete and thorough study relative to governmental immunity, particulary as applied to municipalities, counties, and the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Governmental Immunity Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the subject of governmental immunity as applied to municipalities and counties of this State, and of the State. It shall seek the advice and counsel of local and State officials and shall study the laws relative thereto and the administration thereof of other states. The members of the Committee shall receive the allowances authorized by law for leg islative members of interim legislative committees, but shall not receive the same for more than fifteen days. The Committee shall make a report of its findings and recommendations on or before December 1, 1969, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds

FRIDAY, MARCH 14, 1969

1993

appropriated to and available to the legislative branch of the gov ernment.

HR 172. By Messrs. Bell of the 73rd, Collins, Geisinger and Morris of the 73rd, Floyd, Davis, Higginbotham and Westlake of the 75th and others:
A RESOLUTION
Creating the Governmental Immunity Study Committee; and for other purposes.
WHEREAS, the problem of governmental immunity is one which has plagued public officials and citizens during the entire course of the history of governments; and
WHEREAS, there are various schools of thought concerning this subject, and many theories have been advanced concerning the proper procedure relating to claims of citizens against their government, be it local, State or Federal; and
WHEREAS, governmental units are oftentimes protected and granted complete immunity for tortuous acts against citizens, to the detriment of citizens; and
WHEREAS, it behooves the members of this body to be furnished a complete and thorough study relative to governmental immunity, particularly as applied to municipalities, counties, and the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Governmental Immunity Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the subject of governmental immunity as applied to municipalities and counties of this State, and of the State. It shall seek the advice and counsel of local and State officials and shall study the laws relative thereto and the administration thereof of other states. The members of the Committee shall receive the allowances authorized by law for legislative members of interim legislative committees, but shall not receive the same for more than fifteen days. The Committee shall make a report of its findings and recommendations on or before December 1, 1969, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of the government.

HR 245. By Messrs. Kreeger, Burruss, Henderson, Wilson, Atherton, Housley and McDaniell of the 117th:

1994

JOURNAL OF THE HOUSE,

A RESOLUTION

Urging the Board of Regents to change Southern Technical Insti tute to a four-year college; and for other purposes.
WHEREAS, Southern Technical Institute is currently a two-year college and provides only two years of training for its graduates in the various fields of technology; and
WHEREAS, Southern Technical Institute is the only accredited technical institute in Georgia; and
WHEREAS, there is a national trend to establish technical col leges which offer four-year degrees in the various fields of technology; and
WHEREAS, the industry in our State has a tremendous need for graduates from four-year technological colleges.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the Board of Regents of the University System of Georgia to change Southern Tech nical Institute to a four-year college.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Chancellor and each member of the Board of Regents.

HR 280. By Messrs. Wamble of the 69th and Matthews of the 63rd:
A RESOLUTION
Requesting the Georgia Congressional delegation to support H. R. No. 2500; and for other purposes.
WHEREAS, Honorable Maston O'Neal, United States Representa tive, Georgia Second District, has introduced H. R. No. 2500 in the Ninety-First Congress, which is a much needed amendment to the 1964 Red Meat Import Quota Act; and
WHEREAS, H. R. No. 2500 will not only eliminate loopholes in the 1964 Act, but will also include pork as a product to be included in the protective quotas in addition to beef, mutton, and veal; and
WHEREAS, pork is an important part of the Georgia agricultural economy and domestic hog prices are equally vulnerable to excessive meat imports.

FRIDAY, MARCH 14, 1969

1995

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional delegation is hereby requested to support H. R. No. 2500.

BE IT FURTHER RESOLVED that this Resolution be immediately submitted by the Clerk of the House of Representatives to each mem ber of the Georgia Congressional delegation.

HR 281. By Messrs. Sorrells of the 24th and Pinkston of the 81st:
A RESOLUTION
Authorizing the standing Special Judiciary Committee to study legislation and proposed legislation relating to consumer credit; and for other purposes.
WHEREAS, H. B. 16 and S. B. 18, relating to consumer credit, were both introduced at the beginning of the 1969 Session of the Gen eral Assembly; and
WHEREAS, because of the extensive changes in the laws relating to consumer credit, S. B. 18 has been recommitted for further study and H. B. 16 has been redrafted as a Georgia Truth In Lending Bill; and
WHEREAS, consumer credit is an area in which a great deal of study needs to be done.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby authorize the stand ing Special Judiciary Committee of the House of Representatives to function during the 1969 interim for the purpose of conducting a thorough study of S. B. 18, the Uniform Consumer Credit Code recom mended by the National Conference of Commissioners on Uniform State Laws, the Federal Consumer Credit Protection Act and the laws of other states relating to consumer credit. The committee may con duct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and pur poses of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legisla tive committees. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly of Georgia.

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JOURNAL OF THE HOUSE,

HE 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th:

A RESOLUTION
Requesting the State Revenue Commissioner to undertake a pro gram of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.
WHEREAS, the State Government, in order to efficiently and ef fectively carry out its constitutional responsibilities to the citizenry of Georgia must adhere to sound financial principles and policies; and
WHEREAS, over the past few years, practically all of the coun ties have undertaken to redeterrnine the valuation of properties owned by private interests in order to assign relatistic values for ad valorem taxation purposes and to place all taxable property on the tax digest; and
WHEREAS, the State Revenue Commissioner has a complete record of all mobile homes in Georgia as a part of the Motor Vehicle Title files.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Revenue Commissioner give his assistance to local tax officials and furnish such officials with an nual reports as to the ownership, location and value of mobile homes located in Georgia.

HR 286. By Messrs. Dorminy of the 48th and Edwards of the 45th:
A RESOLUTION
Creating an interim committee to study all matters relating to the regulation of water well drillers; and for other purposes.
WHEREAS, the Water Well Drillers Study Committee submitted a report to the 1969 Session of the General Assembly recommending that the matter of the regulation of water well drillers be given further study; and
WHEREAS, said Committee heard testimony from water well drillers throughout the State of Georgia who indicated that they will prepare a proposal for consideration by the General Assembly at the 1970 Session; and
WHEREAS, a committee should be created to receive the proposal from the water well drillers and study same.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com-

FRIDAY, MARCH 14, 1969

1997

mittee to study all matters relating to the regulation of water well drillers and to receive a proposal from the Water Well Drillers Asso ciation concerning the regulation of said business. Said committee shall be composed of seven members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House in appointing said members shall give consideration to having the prin cipal geological areas of the State represented on the committee.

BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and travel allowances authorized by law for legislative members of interim legislative committees. The mem bers of the committee shall receive such expenses and allowances from the funds appropriated or available to the legislative branch of govern ment but shall receive same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government.

BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as may be recommended by said committee to the General Assembly of Georgia at the 1970 Session.

HR 288. By Messrs. Dean of the 76th, Hood of the 99th, Ezzard of the 102nd, Shepherd of the 107th, Jordan of the 74th, Harrington of the 34th, Phillips of the 38th and Hill of the 94th:
A RESOLUTION
Requesting the Georgia Congressional Delegation to initiate fed eral legislation to provide certain funds for aid to families with de pendent children; and for other purposes.
WHEREAS, federal funds for aid to families with dependent chil dren will be greatly decreased on July 1, 1969, pursuant to a 1967 amendment to the Social Security Law; and
WHEREAS, such decrease in federal funds will result in a severe hardship to Georgia's poor children.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional Delegation is hereby requested to initiate the proper legislation for restoring fed eral funds for aid to families with dependent children.
BE IT FURTHER RESOLVED that a copy of this Resolution be immediately transmitted by the Clerk of the House to each member of the Georgia Congressional Delegation.

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JOURNAL OP THE HOUSE,

HR 341. By Messrs. Colwell of the 5th, Lowrey of the 9th, Davis of the 86th, Ross of the 26th and Shanahan of the 8th:

A RESOLUTION
Commending Honorable E. B. Toles and Mrs. Ethel Toles Smith; and for other purposes.
WHEREAS, on March 16th the distinguished and able Representa tive from the 9th District will celebrate his 53rd birthday; and
WHEREAS, Representative Toles' twin sister, Mrs. Ethel Toles Smith, will also be observing her 53rd birthday on March 16, 1969; and
WHEREAS, it is with great pleasure that this body recognizes these two outstanding Georgians upon the advent of the celebration of their 53rd birthdays.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby extend its heartiest congratulations to the distinguished and able Representative from the 9th District, the Honorable E. B. Toles, and to his charming sister, Mrs. Ethel Toles Smith.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable E. B. Toles and Mrs. Ethel Toles Smith.

HR 342. By Messrs. Brown of the 32nd and Matthews of the 16th:
A RESOLUTION
Commending Dr. Mary Speirs, Dean of the School of Home Eco nomics of the University of Georgia; and for other purposes.
WHEREAS, Dr. Mary Speirs, Dean of the School of Home Eco nomics at the University of Georgia, has recently been named as the recipient of the first "Distinguished Dietitian" award to be presented by the Georgia Dietetic Association on April 18, 1969; and
WHEREAS, the award will be presented to Dr. Speirs in recogni tion of this marvelous lady's outstanding contributions to the entire field of dietetics; and
WHEREAS, Dr. Speirs graduated from Wellesley College with an A.B. degree, and she obtained her M.A. and Ph.D. degrees from Colum bia University with a major in Chemistry of Foods and Nutrition; and

FRIDAY, MARCH 14, 1969

1999

WHEREAS, her activities have ranged from Research Assistant through Home Economist and Head of the Department at the Georgia Experiment Station, to Dean of the School of Home Economics at the University of Georgia, a position which she has held in an inspired and dedicated manner for the past fifteen years, and

WHEREAS, in addition to her administrative responsibilities, Dr. Speirs has researched and written volumes of articles and reviews con cerning her chosen fielld, and she has attained many honors from State, regional and national scholastic and scientific societies and organiza tions; and

WHEREAS, Dr. Speirs was the President of the Atlanta Dietetic Association, a member of the Atlanta Dietetic Association House of Delegates Committee on State Associations, Chairman of the Georgia Nutrition Committee, Chairman of the Georgia Nutrition Council, a member of the State Advisory Committee for the Georgia Teenage Nu trition Council, and a member of the 4-H Clubs State Advisory Com mittee; and

WHEREAS, in 1959 Dr. Speirs was honored by being chosen the Woman of the Year in Georgia Agriculture, and she has been honored by membership in Sigma Xi, Phi Kappa Phi, Phi Tau Sigma, Phi Upsilon Omicron, Gamma Sigma Delta, American Men of Science and the Georgia Future Homemakers Association.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Dr. Mary Speirs for her outstanding contributions to the State and the nation in the field of Dietetics.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Dr. Mary Speirs, School of Home Eco nomics, University of Georgia, Athens, Georgia.

HR 343. By Messrs. Brown of the 32nd and Farmer and Matthews of the 16th:
A RESOLUTION
Commending the Honorable Robert C. Wilson, Dean Emeritus of the School of Pharmacy of the University of Georgia; and for other purposes.
WHEREAS, the Honorable Robert C. Wilson, Dean Emeritus of the School of Pharmacy of the University of Georgia, now in his 90th year, and known as "The Father of Pharmacy in Georgia", is one of the foremost authorities on the history of pharmacy in Georgia; and
WHEREAS, he retired as Dean of the School of Pharmacy twenty years ago, and since that time has spent much of his time playing golf, his favorite activity; and

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WHEREAS, Dean Wilson was born in Sparta in 1878, and obtained his license to practice pharmacy in 1902, at which time he began work ing in Athens at the Orr Drugstore, which at that time was at the corner of College and Clayton; and

WHEREAS, in 1907, he became an instructor at the University of Georgia School of Pharmacy, and by 1916 he was Dean; and

WHEREAS, one of his proudest achievements was his success in persuading the 1907 General Assembly of Georgia to outlaw narcotics, an action which has been followed by every State in the Union; and

WHEREAS, Dean Wilson has helped form the pharmacy schools at three major universities, and was offered the opportunity to completely organize a school of pharmacy at the American University at Lebanon, an offer he refused; and

WHEREAS, Dean Wilson attributes his vigorousness to the fact that he has accepted and reacted to challenges, all through his life, rather than shun the responsibilities which are daily provided by this modern socity.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Robert C. Wilson, Dean Emeritus of the School of Pharmacy of the University of Georgia, for all his marvelous achievements over the years.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Robert C. Wilson.

SR 31. By Senator Riley of the 1st:
A RESOLUTION
Relative to the National System of Interstate and Defense High ways; and for other purposes.
WHEREAS, for a number of years the Federal government in co operation with State governments has had underway an ambitious pro gram to connect the principal cities and defense installations in the United States by Interstate Highway Systems; and
WHEREAS, there presently exists in the enabling legislation pro viding for the construction of Interstate and Defense Highways a dead line beyond which the Federal government will not participate in the construction of such highways; and
WHEREAS, it would be advantageous to all concerned that the proven worth of such a program be extended beyond said deadline, and, in addition, new systems of connecting Interstate Highways be au-

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2001

thorized for those cities and defense installations which are not now adequately included within the program.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that each and every member of the Georgia Congressional Delegation is hereby urged and encouraged to exert their every influence to see that the National System of Interstate and De fense Highways is expanded and continued in order that the citizens of this country might reap the many benefits which have proven to be of such value in the past.

BE IT FURTHER RESOLVED that, in particular, this body urges upon Congress and the Federal Bureau of Roads to include among their future plans an Interstate Highway System which will connect the military installations of Fort Stewart and Hunter Army Air Field.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Georgia Congressional Delegation.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st, and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or accommodations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place, and for other purposes.

The following amendments were read and adopted:
Mr. Gunter of the 6th moves to amend HB 812 by adding after the first sentence the following:
"Such tax shall not exceed three percent.".
Mr. Jones of the 87th moves to amend HB 812 as follows:
Strike figure 90 in Section 1 and insert 30 in its place.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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On the passage of the Bill, as amended, the ayes were 121, nays 29.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Bowen of the 47th wished to be recorded as voting "nay" on HB 812, as amended.

HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertainment or other like places where an admission fee is charged; and for other purposes.

An amendment, offered by Mr. Floyd of the 7th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 125, nays 28.

The Bill, having received the requisite constitutional majority, was passed.

HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to delete the population requirements in Section 31 (a); and for other purposes.

A substitute, offered by Messrs. Leonard of the 3rd and Ballard of the 23rd, was read and ruled out of order by the Speaker.

The following Committee amendment was read and adopted:

FRIDAY, MARCH 14, 1969

2003

The Committee on Ways and Means moves to amend HB 814 as follows:

By inserting at the end of subparagraph (1) of subsection (a) of quoted Section 31 the following:

"Nothing herein shall be construed to authorize the taxation of sales of distilled spirits or alcoholic beverages which take place on a train, airplane or other mode transporting passengers for hire, when such train, airplane or other mode of transporting passengers for hire is engaged in interstate transportation."

An amendment, offered by Mr. Henderson of the 117th, was read and lost.

The following amendment was read and adopted:
Mr. Davis of the 86th moves to amend HB 814 by adding the words "by the drink" between the words "beverages" and "is" in the 3rd line of Paragraph (a) (1).

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 136, nays 25.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read and referred to the com mittees:

HR 344. By Mrs. Merritt of the 46th:
A RESOLUTION
Creating the Andersonville Liaison Study Committee; and for other purposes.
WHEREAS, there is currently pending in the United States Con gress a bill to transfer Andersonville Prison Cemetery and Stockade to the National Parks Department in order to make the area a tourist attraction to be known as the Andersonville National Historic Site in the State of Georgia; and

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WHEREAS, plans are being made to collect and house in an ap propriate place relics, mementos, and items of historic interest to the public, in order to enhance the appeal of Andersonville and to aid the State Department of Industry and Trade and the State Archives; and

WHEREAS, it is known that such relics, mementos and items of historic interest are scattered in many places; and

WHEREAS, much history and lore is still to be gathered concerning persons who were connected in some way with the prison during the War Between the States, but much of this history and lore has been handed down in families, generation to generation, and should be ob tained and recorded before it is lost forever; and

WHEREAS, a fully developed tourist attraction in such an historic and attractive area in our State will add to the economy of the State, and will help in uniting the people of Georgia and the Nation; and

WHEREAS, it would be most beneficial if one member of the House of Representatives were to assist in helping to collect records and mementos, and to act as temporary liaison between the local An dersonville Steering Committee, the Department of Industry and Trade, the State Archives, the National Parks Department and the Southwest Georgia Area Planning Development Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the "Andersonville Liaison Study Committee" which shall consist of one member of the House of Representatives who is also a member of the Andersonville Steering Committee, and the Director of the Department of Industry and Trade, or his delegate; the Director of the State Archives, or her delegate; the Director of the Southwest Georgia Area Planning and Development Commission, or his delegate; and the Executive Secretary of the Georgia Historical Commission.

The Committee shall aid in collectiong records, mementos and items of historic interest for the purpose of aiding in the development of a tourist attraction at Andersonville National Historic Site in the State of Georgia.

The Committee shall act as liaison between the Department of Industry and Trade, the National Parks Department, the State Archives, the Andersonville Steering Committee and the Southwest Georgia Area Planning and Development Commission.

The legislative members of the Committee shall receive such ex penses and allowances as are authorized to members of the interim, legislative committees, but for no longer than 20 days, unless an ex tension is granted by the Speaker. The non-legislative members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred on official Committee business from the agen cy of State Government by which they are employed. All funds neces-

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2005

sary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of State Government.

The Committee shall make a report of its findings to the 1970 Gen eral Assembly, and it shall deposit with the State Archives the property, materials or objects which it shall have found or located during its functioning. The State Archives shall act as custodian of said property, materials or objects until the proper depository is constructed at Andersonville.
Referred to the Committee on State of Republic.

HR 345. By Messrs. Mullinax of the 30th, Rainey of the 47th, Dickinson of the 118th, Toles of the 9th, Peters of the 2nd, Edwards of the 45th and Adams of the 100th:
A RESOLUTION
Creating the Alligator Study Committee; and for other purposes.
WHEREAS, the alligator population in Georgia is declining at an alarming rate; and
WHEREAS, the alligator poachers are continuing to make heavy inroads into the number of alligators in Georgia, and poachers are finding a lucrative market for alligator hides; and
WHEREAS, there is at least one farm which is growing alligators commercially in Georgia for the purpose of furnishing a legal supply of alligator hides; and
WHEREAS, the General Assembly is in need of information in order that appropriate legislation can be adopted which will assist law enforcement officials in preventing continued poaching of alligators.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Alligator Study Committee. The committee shall be composed of not more than ten members of the House of Representatives to be appointed by the Speaker thereof. The committee shall be authorized to study all matters relating to the decline in the alligator population in Georgia and the potentials for additional alligator farms in this State. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legis lative branch of the government. The committee shall make a report

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of its findings and recommendations to the 1970 Session of the Genera] Assembly at which time it shall stand abolished.
Referred to the Committee on Game and Fish.

HR 346. By Messrs, Brantley of the 114th, Marcus of the 105th, Levitas of the 77th, Townsend of the 115th and Ezzard of the 102nd:
A RESOLUTION
Creating a Committee to investigate the traffic of narcotics in the various Atlanta metropolitan area high schools; and for other purposes.
WHEREAS, there are reports from various creditable people in the Atlanta area which indicate strongly that the high schools in the At lanta area are becoming breeding grounds for narcotics addicts; and
WHEREAS, these reports have not been printed in the newspapers, nor have any other news media attempted to bring these reports to the attention of the people; and
WHEREAS, it is encumbent upon the General Assembly, as guard ians of the State's police powers, to determine for itself whether the laws prohibiting the possession and use of narcotics are being admin istered properly, or at all, in regard to the young people of the State; and
WHEREAS, it would be a most worthwhile use of legislators' time and energies to investigate and determine whether or not narcotics are freely flowing in and around the high schools of Atlanta, and, if the investigation reveals that they are, to propose a method and means by which these harmful and hazardous goings-on can be eliminated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Atlanta Metro politan Area High Schools Narcotics Study Committee" to be composed of five members of the House chosen by the Speaker.
It shall be the Committee's duty to investigate and ascertain whether or not the students of the various high schools in the Atlanta metropolitan area are able to easily obtain narcotics, and if the Com mittee's investigation reveals that narcotics are freely flowing and an about the said high schools, it shall have the further duty to propose ways and means to eliminate such narcotic traffic, either through legislation or by any other constitutional method available to the Committee.
The members of the Committee shall receive such expenses and allowances as are authorized to members of interim legislative commit tees, but for no longer than 10 days, unless an extension is granted by the Speaker.

FRIDAY, MARCH 14, 1969

2007

The Committee shall prepare a report of its findings and recom mendations which shall be submitted to the Clerk of the House for printing on or before December 5, 1969, at which time the Committee shall stand abolished.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.
Referred to the Committee on Special Judiciary.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relat ing to the hospitalization and release of mentally ill persons by provid ing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes .

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to revise comprehensively the laws relating to the hos pitalization and release of mentally ill persons by providing a procedure for the voluntary admission of patients, the emergency admission of patients, the admission of patients for evaluation, the nonobjecting or involuntary hospitalization of patients, and the judicial hospitalization of patients to hospitals for the mentally ill; to provide certain rights of patients; to provide liability for violating provisions of Chapter 88-5; to authorize the Department of Public Health to issue and enforce regulations to implement Chapter 88-5; to provide for paying expenses of hearings; to provide for compelling witnesses to attend proceedings; to provide the procedure to be followed when a nonresident of Georgia is hospitalized in a facility in Georgia; to provide for transferring eli gible patients to the custody of an agency of the United States Govern ment for hospitalization; to provide for the function of private facilities within the provisions of Chapter 88-5; to provide for the validity of prior hospitalization orders; to provide for paying certain expenses; to amend Code Section 24-1901, relating to the jurisdiction of the Courts of Ordi nary, so as to confer certain jurisdiction on the Courts of Ordinary in conformity with this Act; to amend Code Chapter 49-6, relating to the appointment of guardians, so as to conform the procedure for the ap pointment of guardians with the provisions of this Act which provide

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for admission of patients to treatment facilities; to repeal a specific Code Section; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 88 known as the "Georgia Health Code", ap proved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking Chapter 88-5 in its entirety and inserting in lieu thereof a new Chapter 88-5 to read as follows.

"CODE CHAPTER 88-5
HOSPITALIZATION OF THE MENTALLY ILL
88-501. Definitions.--Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:
(a) 'Mentally ill' shall mean having a psychiatric disorder which substantially impairs the person's mental health;
(b) 'Department' shall mean the Georgia Department of Pub lic Health and includes its duly authorized agents;

(c) 'Facility' shall mean any state-owned or state-operated hospital or other facility utilized for the diagnosis, care, treatment, training, or hospitalization of persons who are mentally ill, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency; and any other hospital within the State of Georgia approved for such purposes by the department;
(d) 'Patient' shall mean any mentally ill person who seeks hos pitalization under the provisions of this Chapter, or any person for whom such hospitalization is sought;

(e) 'Superintendent' shall mean the chief medical officer of any facility receiving patients under the provisions of this Chapter or a physician appointed as the designee of such superintendent;
(f) 'Physician' shall mean a doctor of medicine who is licensed to practice in this State, under the provisions of the Georgia Medi cal Practice Act (Ga. Code Chapter 84-9), or who is employed as a physician by the United States Veterans Administration or other federal agency;

(g) 'Private Facility' shall mean any hospital facility operated by a non-profit corporation or association, a proprietary hospital approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hopsital authority created pursuant

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to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18);

(h) 'Peace Officer' shall mean any city or county police officer, officer of the State Patrol, sheriff or deputy sheriff;

(i) 'Resident' shall mean a person who is a legal resident of the State of Georgia;

(j) 'Representatives' shall mean the persons appointed as pro vided in Section 88-502.15 to receive notice of the proceedings for hospitalization;

(k) 'Emergency Receiving Facility' shall mean a facility des ignated by the department to receive patients under emergency conditions as provided in Section 88-504.1 through 88-504.5;

(1) 'Evaluating Facility' shall mean a facility designated by the department to receive patients for psychiatric evaluation as provided in Sections 88-505.1 through 88-505.7;

(m) 'Treatment Facility' shall mean a facility designated by the department to receive patients for psychiatric treatment as provided in Sections 88-506.1 through 88-506.8 and Sections 88-507.1 through 88-507.3;

(n) 'Penal Offense' means violation of a law of the State or a political subdivision thereof for which the offender may be con fined in a State prison or a city or county jail or other penal in stitution.

(o) 'Clinical record' shall mean all parts of the record required to be maintained under Section 88-502.10(a) and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which per tains to the patient's hospitalization and treatment.

RIGHTS OF PATIENTS

88-502.1. Protection of patient's right.--The individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained or transported. Except where required under conditions of extreme tirgency, those procedures, facilities, vehicles, and restrain ing devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill. Mentally ill patients or those suspected of being mentally ill shall, to the maxi mum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the su pervision of a physician. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental disorder shall be deprived of any civil, politi-

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cal, personal, or property rights without due process of law. No right or privilege granted by this Chapter shall be denied any person.

88-502.2. Right to care and treatment.--The policy of the State is that no person shall be denied care and treatment for mental disorder, and no services shall be delayed at a facility of the State or a political subdivision of the State because of inability to pay.

88-502.3. Quality of care and treatment.-- (a) Each patient in a facility and each person receiving1 services for mental disorders shall receive care and treatment that is suited to his needs and such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal in tegrity. In order to assure proper care and treatment, the superin tendent of a facility shall require that each patient receive such medical attention as his condition demands and that, unless the patient or his representatives consent in writing, no treatment shall be given which is not recognized as standard psychiatric treatment.

(b) If a patient hospitalized under the provisions of this Chap ter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The superin tendent, is hhereby authorized and directed to establish regula tions designed to facilitate examination and treatment which a patient may request from such private physician.

(c) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting fa cility as soon as possible after his admission.

88-502.4. Mechanical restraints.--Mechanical restraints shall not be applied to a patient unless it is determiend by the superin tendent to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient and each such entry on the clinical record shall be signed by the superintendent.

88-502.5. Communication and visits.--(a) The intent of this Section is to enable each patient in a facility to communicate freely and privately with persons outside the facility unless such com munication is likely to be harmful to the patient or others.

(b) Except as provided in subsections (c) through (e), each patient shali be allowed to receive, send and mail sealed, unopened correspondence and no patient's incoming our outgoing correspond ence shall be opened, delayed, held or censored by the facility.

(c) If there is reason to believe that incoming or outgoing mail contains items or substances which may be dangerous to the patient or others, the superintendent may direct reasonable exam-

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ination of such mail and may regulate the disposition of such items or substances found.

(d) If an injunction against communication by a patient is is sued by a court, the superintendent shall restrict communication as provided by the order of the court.

(e) If the superintendent finds that the patient's mental con dition demands restriction of communications, such communications may be restricted for a period not to exceed five days, except that correspondence of the patient with public officials or with his at torney shall not be restricted in any event under this subsection. If the superintendent finds that the patient's condition demands continued restriction of communications, the superintendent may order continued restriction for a period not to exceed three months. This order may be renewed by the superintendent each three months thereafter if the patient's condition demands continued restriction of communications. At each time a patient's right to communicate is ordered restricted by the superintendent, written notice of such order shall be served on the patient and his representatives as pro vided in Section 88-502.15.

(f) The circumstances surrounding the examination of any mail under section (c) or restriction of the right to communicate under subsections (d) and (e) shall be recorded on the patient's clinical record.

(g) The superintendent is hereby authorized to establish rea sonable regulations governing visitors, visiting hours and the use of telephones by patients.

88-502.6. Care and custody of the personal effects of patients. --A patient's right to his personal effects shall be respected. The superintendent or his designee may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken.

88-502.7. Voting in public elections.--Each patient in a facility who is eligible to vote shall be given his right to vote in the pri mary and general elections. The superintendent of each facility shall permit and reasonably assist patients (a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are pre requisite for voting; and (c) to vote by absentee ballot.

88-502.8. Employment outside the facility.--If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to se cure suitable employment and all benefits flowing from such em ployment. The department shall encourage such employment of

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patients and shall promote the training of patients for gainful em ployment after discharge. All benefits of such employment shall accrue solely to the patient.

88-502.9. Education of children.--The rights of any child under treatment in a facility to an education within the limits of his cap ability shall be fully respected.

88-502.10. Confidentiality--(a) A clinical record for each pa tient shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. Unless waived by the patient or guardian and his attorney, the privileged and confidential status of all information given such status by Code Section 38-418 (5) shall not be lost by either authorized or unauthorized disclosure of such information to any person, organization or agency. The clinical record shall not be a public record and no part of it shall be released except:

(1) Where the superintendent of the facility where the record is kept deems it essential for continued treatment, the record may be released to physicians;

(2) The record may be released to physicians, attorneys, and government agencies as designated by the patient;

(3) The record, except for matter privileged under Code Section 38-418 (5), may be produced in response to a duly is sued subpoena; the record, or any part thereof, may be re leased to persons duly authorized by an order of a Court of record;

(4) When the patient is transferred to another facility, the record may be released to that facility;

(5) The record or any part thereof may be disclosed to any employee or staff member of the facility when the attending physician deems it necessary for the proper treatment of the patient.

(b) (1) The record shall be released to the patient's attorney if the attorney so requests within the four weeks preceding the time the patient becomes entitled to any hearing under the provi sions of this Chapter.

(2) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter con cerning the patient except for communications privileged under Code Section 38-418 (5) as to which the privilege has not been effectively waived.

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(c) Nothing contained in this Section shall be taken to render admissible in Court any matter which would otherwise be excluded under Code Section 38-418.

88-502.11. Judicial Supervision.--(a) At any time and without notice, a person detained by a facility or a relative or friend on be half of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request the Court on its own initiative to issue a writ for release.

(b) A patient or his representatives may file a petition in the Court of Ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privi lege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the Court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Chapter.

88-502.12. Right to legal counsel.--It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal mat ters in which he may be involved during hospitalization.

88-502.13. Designation of facility to receive patient.-- (a) The department may designate the state-owned or state-operated facil ity to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and is able to pay for treatment in a private facility ap proved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility. If a pri vate facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the de partment shall accept the patient and designate the state-owned or state-operated facility to which the patient shall be admitted.

(b) When the medical needs of the patient or efficient utiliza tion of the facilities of the department require, a patient may be transferred from one facility of the department to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives. A voluntary patient may be transferred only with his consent.

88-502.14. Transportation.--Except under conditions of ex treme urgency, the County Health Department shall arrange for any required transportation of the patient. In such conditions of extreme urgency, the Court of Ordinary shall, upon the request of the County Health Department, order the sheriff to transport the patient in such manner as his condition demands. Marked vehicles normally used for the transportation of criminals or those accused

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of crime shall not be used for the transportation of patients except under conditions of extreme urgency. At any time the County Health Department is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female, who is not a patient, in atten dance, unless such female patient is accompanied by her husband father, adult brother or adult son.

88-502.15. Notice.-- (a) At the time a patient is admitted to any facility under the provisions of this Chapter, the names and addresses of two representatives shall be entered in the patient's clinical record and notice of the patient's admission shall be given to the representatives in writing. If the admission is to an Emer gency Receiving Facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible. The patient may designate one representative; the second representative, or in the absence of designation of one rep resentative by the patient, both representatives, shall be elected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The sec ond representative shall be selected from the above list without regard to the order of listing.

(b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of two representatives for the patient as pro vided for herein. If the facility is unable to secure such represen tatives after diligent search, that fact shall be entered in the pa tient's clinical record, and the facility shall apply to the Court of Ordinary for the appointment of a guardian ad litem. On applica tion of any person or on its own motion, the Court of Ordinary may also appoint a guardian ad litem for a patient for whom rep resentatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the pa tient's rights. Such guardian ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter, and shall have the powers granted to representatives by this Chapter.

(c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a). The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by registered or certi fied mail. When notice is served by mail, service is complete upon mailing.
(d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to read a written notice understandably, a reasonable effort shall be made to explain the notice to him.

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(e) At the time a Court of Ordinary enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his repre sentatives as provided in subsection (c) hereof.

88-502.16. Appeal.--The patient, his representatives, or his attorney may appeal any order of the Court of Ordinary rendered in a proceeding under this Chapter to the Superior Court of the county in which the proceeding1 was held. Such appeal must be filed within ten days of the entry of the order complained of and the patient must pay all costs or must make an affidavit that he is unable to pay costs. The appeal shall be made in the same manner as other appeals from the Court of Ordinary to the Superior Court, where the issue shall be submitted to a jury as in other cases before that Court, with further rights of review as now or hereinafter are provided by law.

88-502.17. Access to physicians.--At reasonable times, the pa tient's attorney shall have the right to interview the physicians who have attended the patient in any facility. The superintendent is hereby authorized and directed to establish reasonable regula tions to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization.

88-502.18. Liability for violations.--Any person who willfully violates or willfuly abuses any provisions of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such wrongful conduct. Any physician, peace officer, health officer, or hospital officer, agent, or employee, whether em ployed by a private hospital or at hospital facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a pa tient to a facility or the discharge of a patient from a faculty.

VOLUNTARY ADMISSION
88-503.1. Authority to receive voluntary patients.--
(a) The superintendent of any facility may receive for ob servation and diagnosis any individual 18 years of age, or older, making application therefor, any individual under 18 years of age for whom such application is made by his parent or guardian and any person legally adjudged to be incompetent for whom such ap plication is made by his guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility for such period and under such condi tions as may be authorized by law.

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(b) The superintendent of any Evaluating Facility may re ceive for observation and diagnosis any individual 14 years of age or older who makes application therefor. If such individual is under 18 years of age, his parent or guardian may apply for his discharge and the superintendent shall release the patient within five days of such application for discharge.

88-503.2. Discharge of voluntary patients.--The superintendent of the facility shall discharge any voluntary patient who has re covered from his mental illness or who has sufficiently improved that the superintendent determines that hospitalization of the patient is no longer desirable. He may also discharge any voluntary patient, if to do so would, in his judgment, contribute to the most effective use of the facility in the care and treatment of mentally ill persons. Provided, however, that in no event shall any such pa tient be discharged if, in the judgment of the superintendent of such facility, such discharge would be unsafe for the patient or others.

88-503.3. Right of voluntary patients to discharge on appli cation.--(a) A voluntary patient who is admitted to a facility pursuant to Section 88-503.1, or his legal guardian, parent, spouse, attorney or adult next-of-kin, may request his discharge in writing at any time after five days following his admission to the facility, excluding Saturdays, Sundays and legal holidays. This request may be submitted to the superintendent or to any staff physician or staff registered nurse of the facility for transmittal to the super intendent. If the patient or another on his behalf makes an oral request for release to any staff physician or staff registered nurse, the patient must, within three days, Saturdays, Sundays and legal holidays excluded, be given assistance in preparing a written re quest. If a written request is submitted to a staff physician or staff registered nurse, the physician or nurse shall deliver the request to the superintendent within 24 hours. Within five days, excluding Saturdays, Sundays and legal holidays, of the delivery of a written request for release to the superintendent, the patient must be dis charged from the facility unless the superintendent finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary hospitalization must be initiated under Section 88-506.3 prior to the expiration of such five-day period. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the patient thereto. If the patient was admitted before the age of eighteen on the applica tion of his parent or guardian under Section 88-503.1, his discharge prior to becoming 18 years of age may be conditioned upon the consent thereto of his parent or guardian. If the patient was ad mitted as an adjudged incompetent on the application of his guard ian under Section 88-503.1, his discharge prior to a legal restoration of competency may be conditioned upon the consent thereto of his guardian.
(b) Notwithstanding any other provision of this Chapter, pro ceedings for the involuntary hospitalization of an individual re-

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ceived by a facility as a voluntary patient shall not be commenced unless the discharge of the voluntary patient is first requested as provided in subsection (a) hereof.

88-503.4. Notice of rights to release.--At the time of his ad mission and each six months thereafter, a voluntary patient ad mitted to a facility under Section 88-503.1 and his representatives shall be notified in writing, as provided in Section 88-502.15, of his right to discharge on application under Section 88-503.3.

88-503.5. Transfer to voluntary status.--The attending physi cian shall encourage any involuntary patient to transfer to volun tary status of hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clini cal record. Any involuntary patient who so applies shall be trans ferred to voluntary status of hospitalization immediately, unless the superintendent finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the superintendent. When such transfer to voluntary status occurs, notice shall be given to the patient and his representatives, and, if the patient was hospitalized under an order of court, to the Court which entered such order.

EMERGENCY ADMISSION
88-504.1. Facility for emergency admission.--Any state-owned or state-operated facility may be designated by the department as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county under the provisions of Sections 88-504.2 through 88-504.5. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. No provisions of this Chapter shall be deemed to require any county to construct any facility for the hospitalization or treatment of mental patients.
88-504.2. Admission to an Emergency Receiving Facility.-- (a) Any person being within the State may be admitted under the provisions of subsections (b) and (c) if (1) the person appears to be mentally ill and a danger to himself or others and is conducting himself in a manner which in a person not mentally ill would con stitute a penal offense as defined in Section 88-501 (n), or (2) ap pears to be mentally ill and is overtly threatening to commit sui cide, or (3) has been examined by a physician, within the preceding 48 hours, who has executed a certificate stating that the person appears to be mentally ill and is likely to injure himself or others.
(b) The Court of Ordinary may enter an ex parte order stating that a person appears to meet the criteria of subsection (a) and the findings on which that conclusion is based, and may direct that

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a peace officer take the person into custody and deliver him forth with to the nearest available Emergency Receiving Facility where such person shall be received for examination. The order of the Court shall be made a part of the patient's clinical record.

(c) Any peace officer may take into custody a person who ap pears to meet the criteria of subsection (a) and deliver him forth with to the nearest available Emergency Receiving Facility, where he shall be received for examination. The officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report shall be made a part of the patient's clinical record.

88-504.3. Examination in Emergency Receiving Facility.--A patient who is received by an Emergency Receiving Facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treat ment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may require hospitalization in a Treatment Facility and executes a certificate to that effect within 24 hours of the patient's admission to the Emergency Receiving Facility. The physician's certificate shall be served on the patient and his representatives together with written notice that the patient or his representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. Within 24 hours of the execution of the physician's certificate, the patient shall be transported, as provided for in Section 88-502.14, to an Evaluating Facility where he shall be received under the provisions of Section 88-505.4.

88-504.4. Release from Emergency Receiving Facility.--At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the pa tient shall be discharged, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer.

88-504.5. Notice of right to court hearing.--Immediately upon arrival of a patient at an Emergency Receiving Facility under Section 88-504.2, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a pro tective order under the provisions of Section 88-502.11. The notice of the patient's hospitalization in an Emergency Receiving Facility given to the patient's representatives under the provisions of Sec tion 88-502.15 (a) shall include a clear notification that the repre sentatives may petition for a writ or habeas corpus or for a pro tective order under the provisions of Section 88-502.11.

ADMISSION FOR EVALUATION
88-505.1. Facility for psychiatric evaluation.--Any state-owned or state-operated facility may be designated by the department as

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an Evaluating Facility. The department shall maintain an Evalu ating Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county under the provisions of Sections 88-505.2 through 88-505.7. Any other facility within the State of Georgia may be so designated by the depart ment at the request of or with the consent of the governing officers of such other facility.

88-505.2. Petition for court-ordered evaluation.--(a) Any per son may file an application, executed under oath, with the County Health Department for a court-ordered evaluation of a patient lo cated within the county who is alleged to be mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. Upon the filing of such an application, the County Health Department shall make a preliminary investi gation to determine whether or not there is reason to believe that the subject of the application is mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. If the investigation shows that these criteria are met, the County Health Department shall file a petition with the Court of Ordinary in the county where the patient is located, seeking an involuntary admission for evaluation.

(b) Any person may file a petition with the Court of Ordinary, executed under oath, alleging that a patient within the county is mentally ill and (1) is a danger to himself or others or (2) is in capable of caring for his physical health and safety. The petition must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be mentally ill and in need of hospitalization, and that a full evaluation of the patient is necessary.

88-505.3. Evaluation on court order.--(a) The Court of Ordi nary shall set a hearing on the petition filed under subsection 88-505.2 (a) or 88-505.2 (b) and shall serve notice of such hearing on the patient and his representatives as provided in Section 88-502.15. If service is made in person, the hearing shall be set within 48 hours, Saturdays, Sundays and holidays excepted, of the date of service of the notice. If the patient or any representative is served by mail, the hearing shall be set within five days, Saturdays, Sundays and holidays excepted, of the date such notice is mailed. A copy of the petition shall be attached to the notice of the time and place of the hearing. In all cases, the Court shall grant a con tinuance upon application by the patient or his representatives if necessary to permit the patient to prepare for the hearing. Two representatives for the service of the notice provided herein shall be designated by the Court, one of whom shall be selected from the following in the order of listing, other than the person who filed the petition: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second rep resentative shall be selected from the above list without regard to the order of listing. If two representatives cannot be located after diligent search, the Court shall appoint a guardian ad litem who shall serve as representative. The hearing may be waived in writing

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by the patient and his representatives. If the hearing is not waived, it shall be held in an informal manner and at a location which will not be harmful to the mental health of the patient. The patient shall have a right to counsel. The Court shall inform the patient of that right and, if the patient is unable to afford counsel, the Court shall appoint counsel. The rules of evidence and formal rules of procedure shall not apply. The Court shall receive all relevant testimony and evidence.

(b) After a full hearing, or, if the hearing is waived, after a full review of the evidence, if the Court is satisfied that immediate evaluation is necessary, the Court shall issue an order to any peace officer to deliver the patient forthwith to a designated Evaluating Facility. If the Court is satisfied that evaluation is necessary, but that the patient need not be hospitalized immediately for his own safety or that of others, the Court may order the patient to appear at a designated Evaluating Facility at a specified time within three days, Saturdays, Sundays and legal holidays excepted. If the patient fails to appear at the specified time, the order of the Court, countersigned by the superintendent of the Evaluating Facility, or his designee, to show that the person did not appear as ordered, shall authorize and direct any peace officer to take the person into custody and deliver him forthwith to the specified Evaluating
Facility.

88-505.4. Admission to an Evaluating Facility.--Any person who is brought to an Evaluating Facility under the provisions of Section 88-504.3 or appears under a court order as provided in Sec tion 88-505.3 or Section 88-507.3 shall be received for evaluation and such treatment as is indicated by good medical practice.

88-505.5. Evaluation by an Evaluating Facility.--A patient who is admitted to an Evaluating Facility under Section 88-505.4 may be detained for a period not to exceed five days. The staff physicians of the Evaluating Facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears de sirable, unless the attending physician finds that the patient is un able to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Within the five-day evaluating period, (a) the patient must be released under Section 88-505.6, or (b) the patient must agree to hospitalization as a voluntary patient, without objection from his representatives, in which case the provisions of this Chapter on voluntary admission apply with the date of voluntary admission being set as the sixth day after admission to the Evaluating Facility, or (c) proceedings for involuntary hospitalization under Section 88-506.3, must be initiated unless the patient was received by the Evaluating Facility under Section 88-507.3, in which case the patient must be returned to the jurisdiction of the Court.

88-505.6. Power to discharge patient.--At any time the patient is found not to require hospitalization or further detention for evaluation, the Evaluating Facility shall discharge the patient, un-

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less the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer authorized by law to take the patient into custody. Notice of the discharge shall be given to the patient and his representatives, as provided in Section 88-502.15, and (a) if the patient was admitted to the Emergency Receiving Facility under subsection 88-504.2 (b), to the Court which entered the order; (b) if the patient was taken into custody under subsection 88-504.2 (c), to the agency which took the patient into custody; and (c) if the admission to the Evaluating Facility was under Section 88-505.3 or Section 88-507.3, to the Court which or dered the evaluation.

88-505.7. Power to transfer.--Any patient admitted to an Eval uating Facility may apply to the superintendent of that facility for transfer at his own expense to any other approved Evaluating Fa cility. If the Evaluating Facility to which transfer is requested agrees to admit the patient, he shall be transferred forthwith. In such case, the provisions of Section 88-505.5 shall apply and the time periods specified shall be counted from the date of admission to the Evaluating Facility to which the patient is transferred. No tice of the transfer shall be given to the patient's representatives, as provided in Section 88-502.15, at the time of transfer and, if the patient was admitted to the Evaluating Facility under Section 88-505.3 or Section 88-507.3, to the Court which ordered the evaluation.

INVOLUNTARY HOSPITALIZATION; NONOBJECTING HOSPITALIZATION
88-506.1. Criteria for nonobjecting or involuntary hospitalization.--A person being within the State may be hospitalized under Sections 88-506.2 through 88-506.8 if he is mentally ill and is (a) likely to injure himself or others if not hospitalized or (b) incapable of caring for his phhysical health and safety.

88-506.2. Facility for treatment.--Any state-owned or stateoperated facility may be designated by the department as a Treat ment Facility. Any other facility within the State of Georgia may be so designated by the department at the request or with the con sent of the governing officers of such other facility.

88-506.3. Admission to a Treatment Facility.--A patient may be hospitalized in a Treatment Facility under the provisions of this Section and Section 88-506.4 only upon recommendation of the su perintendent of an Evaluating Facility where the patient has been examined, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the criteria of Section 88-506.1 are met. Such recommendation of the superintendent and opinions of the physicians shall be en tered on a hospitalization certificate, which certificate shall au thorize the patient to be retained by the Evaluating Facility pend ing transfer to a Treatment Facility or completion of a hearing

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under Section 88-506.4. The certificate shall be filed with the de partment and copies shall be served on the patient and his repre sentatives, as provided in Section 88-502.15, accompaned by: (a) a plain and simple notice that the patient or his representatives may apply for a hearing on the issue of the patient's need for hospitalization; (b) a petition for such hearing which requires only the signature of the patient or his representatives for completion; (c) a notice that the petition may be filed in the Court of Ordinary in the county in which the patient is hospitalized at the time the certificate is executed or in the county of residence of the patient, and the address of such Courts; and (d) a notice that the patient or his representatives may apply immediately to the Court of Ordi nary to have counsel appointed if the patient cannot afford counsel. This petition may be filed at any time within six months of the date of the certificate. If no petition for a hearing is filed within five days after the certificate is served on the patient's representa tives, the certificate shall served as authorization for the patient to be transported to a Treatment Facility as provided in Section 88-502.14, and as authorization to the Treatment Facility to admit the patient for care and treatment. The Treatment Facility may re tain a patient admitted under this Section for a period not to exceed six months from the date of admission. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6.

88-506.4. Procedure if Hearing is Requested.--If a petition for a hearing is filed, the Court of Ordinary shall serve notice on the superintendent of the facility in which the patient is hospital ized and shall hold the hearing within five days unless the Court grants a continuance for good cause. The patient, his representa tives, or the superintendent of the facility where the patient is hos pitalized may apply for a change of venue for the convenience of parties or witnesses or because of the condition of the patient. A change of venue may be ordered within the discretion of the Court. The patient shall have a right to counsel. The patient and his rep resentatives shall be informed of this right by the Court and, if the patient cannot afford counsel, the Court shall appoint counsel. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Court, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Court's action. The Court shall receive all relevant testimony and evidence. One of the phy sicians who executed the certificate in Section 88-506.3 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Court concludes that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is in capable of caring for his physical health and safety, the Court shall order the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months.

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If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such con tinued hospitalization under Section 88-506.6.

Section 88-506.5. Hearing Examiner.--(a) One or more Hear ing Examiners shall be appointed by the Justices of the Supreme Court to hold the hearings provided under Section 88-506.6. Such Hearing Examiners shall be members of the State Bar of Georgia and shall be compensated by the department.

(b) The Hearing Examiners shall have the authority to:

(1) Administer oaths and affirmations;

(2) Sign and issue subpoenas;

(3) Rule upon offers of proof;

(4) Regulate the course of the hearing;

(5) Provide for the taking of testimony by deposition;

(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Hearing Examiner.

(c) If a subpoena issued by the Hearing Examiner is dis obeyed, the Hearing Examiner may apply to the Superior Court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.

(d) In the event a patient cannot afford counsel in a hearing before the Hearing Examiner, the Hearing Examiner shall apply to the Superior Court of the county in which the hearing is held and that Court shall appoint counsel for the patient.

(e) An order of the Hearing Examiner rendered in a hearing in Section 88-506.6 may be appealed to the Superior Court of the county in which the hearing was held in the manner provided by Section 88-502.16 for appeals from orders of the Courts of Ordinary.

88-506.6. Procedure for Continued Hospitalization.--(a) If continued hospitalization of a patient is necessary, the superintend ent shall, prior to the expiration of the period during which the Treatment Facility is authorized to retain the patient by the pro visions of this Chapter, apply for an order authorizing such con tinued hospitalization under the provisions of subsection (c).

(b) If the superintendent finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2)

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for an individual who was hospitalized while under the jurisdiction of a Juvenile Court, but who is about to reach the age of 21, the superintendent shall apply for an order authorizing such continued hospitalization under subsection (c) and the provisions of this Chapter shall apply fully to such patient after that time.
(c) (1) The superintendent may seek an order authorizing continued hospitalization by filing a petition therefor in the Court of Ordinary in the county of the patient's residence and serving such petition on the patient and his representatives, as provided in Section 88-502.15. The petition shall contain a plain and simple statement that (i) the patient or his representatives may file a re quest for a hearing with the Court within fifteen days after service of the superintendent's petition and that (ii) if the patient cannot afford counsel, upon request by the patient, counsel will be ap pointed immediately by the Court of Ordinary in the county where the Treatment Facility is located or, upon request by the patient's representatives, in the county of the patient's residence.
(2) If a hearing is not requested within fifteen days of service of the petition on the patient and his representatives, the Court may order continued hospitalization if satisfied that such hosptalization is necessary. Such order shall authorize the Treatment Fa cility to retain the patient for a period not to exceed one year.
(3) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintedent and shall transmit the petition and the re quest for a hearing to the office of the Hearing Examiner. The Hearing Examiner shall set a time and place for the hearing to be held within ten days of the time the Hearing Examiner receives the petition. Notice of the hearing shall be served on the patient and his representatives as provided in Section 88-502.15. The Hear ing Examiner may grant a continuance for good cause. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Hearing Examiner. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Hearing Examiner and, if the patient cannot afford counsel, counsel shall be appointed as provided in Section 88-606.5(d). The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Hearing Examiner, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Hearing Examiner's action. The Hearing Exam iner shall receive all relevant testimony and evidence. At least one physician attending the patient at the Treatment Facility shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Hearing Examiner concludes that the patient requires continued hospitaliza tion the Hearing Examiner shall so order and the Treatment Facil-

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ity shall thereby be authorized to retain the patient for a period not to exceed one year.

88-506.7. Power to discharge patient.--At any time a patient is found by the superintendent no longer to meet the criteria of Section 88-506.1, the superintendent may (a) discharge the patient, unless the patient is under criminal charges, in which case he shall be placed in the custody of a peace officer duly authorized by law to take the patient into custody; or (b) transfer the patient to volun tary status at the patient's request, as provided in Section 88-503.5; or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in Section 88-506.8. Notice of the discharge or the transfer of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order.

88-506.8. Convalescent status; rehospitalization.--The superin tendent of the Treatment Facility may place an improved patient on convalescent status when he believes that such action is in the best interest of the patient. Notice of the patient's placement on convalescent status shall be given to the patient and his repre sentatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order. Placement on convalescent status shall include provisions for continuing responsibility to and by the facility, including a plan of treatment on an out-patient basis. The superintendent of the facility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, rehospitalize the patient when the condition of the patient requires. On application by the superintendent to the Court of Ordinary in the county where the patient is found, the Court shall issue an order directing that the patient be transported to the Treatment Facility as provided in Section 88-502.14. The convalescent status shall automatically expire at the end of the period during which the Treatment Facility was authorized to retain the patient under the provisions of this Chapter, unless the superintendent, upon de termining that further hospitalization may be required if the convalescent status is not continued, shall apply for an order au thorizing the continuance of the convalescent status for an addi tional period not to exceed one year. Such application for continu ance of convalescent status shall be filed in the manner provided for in subsection 88-506.6 (c) (1) and proceedings shall be conducted as provided in subsections 88-506.6 (c) (2) and 88-506.6 (c) (3) to determine whether or not the patient's condition requires the con valescent status to be contined.

JUDICIAL HOSPITALIZATION
88-507.1. Criteria for judicial hospitalization.--A person may be hospitalized under Section 88-507.2 and 88-507.3 if he is men tally ill, and he is (a) likely to injure himself or others if not hos pitalized or (b) incapable of caring for his physical health and safety.

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88-507.2. Petition for judicial hospitalization.--Any person may file a petition, executed under oath, in the Court of Ordinary in the county where the patient is found, alleging that the criteria of Section 88-507.1 are met. The petition shall be accompanied by the certificate of a physician stating that the physician has exam ined the patient within the preceding five days and that the cri teria of Section 88-507.1 are met.

88-507.3. Precedure for hearing.--(a) The Court of Ordinary shall enter the names and addresses of representatives of the patient on the petition. The patient may designated one repre sentative; a second representative or, in the absence of designation of one representative by the patient, two representatives, shall be selected by the Court, one of whom shall be selectd from the fol lowing in the order of listing, other than the person who executed the petition under Section 88-507.2: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. The Court shall make diligent efforts to secure names and addresses of two representa tives for the patient as provided for herein. If the Court is unable to secure such representatives after diligent search, that fact shall be entered in the record of the case, and the Court shall appoint a guardian ad litem. Such guardian ad litem shall act as representa tive of the patient.

(b) The Court shall issue a commission directed to three reputable persons, two of whom shall be practicing physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some at torney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney ap pointed by the Court), or the solicitor of any city court located in said county, and if no county attorney or solicitor of said city court, the district attorney of the circuit or some attorney of the county appointed by him. The Commission shall be sworn to ex amine the patient according to the best of its ability and to report to the Court its findings as to the mental condition of said patient and as to his need for hospitalization.

(c) The Court shall set a date for the hearing within five days of the time the petition is filed unless a continuance is granted for good cause. Notice of the hearing shall be served on the patient and his representatives in person or by registered or certified mail. The notice shall be accompanied by a plain and simple statement that the patient is entitled to counsel and that, if the patient cannot afford counsel, the Court will appoint counsel on request by the patient or his representative.

(d) The Court may at any time during the proceedings order the sheriff of such county to take the patient in custody, if deemed necessary for the protection of the patient, or others, and provided that an affidavit is submitted by a physician that said patient is violent or for other reasons is liable to do physical harm to him-

FRIDAY, MARCH 14, 1969

2027

self or others. It shall be the duty of the Court to have such patient examined within 24 hours by the county physician or a physician who is in active practice and who maintains a permanent
office.

(e) At any time during the pendency of the proceedings, at the request of the patient or his representatives, the Court shall order the patient to be examined by a designated Evaluating Fa cility. Upon such order, the patient shall be taken to the Evaluating Facility under the provisions of Section 88-502.14, where he shall be received under the provisions of Section 88-505.4.

(f) At the time of the hearing, the Court shall inform the patient and his representatives of his right to counsel if counsel has not been employed or appointed. If the patient or his repre sentatives request, the Court shall allow sufficient time for counsel to be employed and prepare for the case. If the patient cannot afford counsel ,the Court shall appoint counsel and shall allow the appointed counsel sufficient time to prepare for the case. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. The Commission shall receive all relevant testimony and evidence. The physician who executed the certificate filed with the Court under Section 88-507.2 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit.

(g) Said examining committee shall file its written report with the Court within five days after completion of the examination hearing. If said examining committee's report is not unanimous to the effect that it finds the patient to be mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court without taking further action shall terminate the proceedings and dismiss the petition.

(h) If the examining committee unanimously reports that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall enter an order authorizing hospitalization of the patient. If the examining com mittee was convened by the Court under Section 88-507.3 (b), the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment.

If the examining committee was convened by the Court under Section 49-610, the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to an Evaluat ing Facility where he shall be admitted for evaluation. The patient may be detained in the Evaluating Facility for five days. If two physicians who have examined the patient within that five-day period conclude that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that

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he is incapable of caring for his physical health and safety, they shall execute a hospitalization certificate stating such conclusion. The patient shall then be transferred to a Treatment Facility, where he shall be admitted for care and treatment, if the super intendent of the Evaluating Facility so recommends by endorsing such recommendation upon the hospitalization certificate. The cer tificate shall be filed with the department and copies shall be served on the patient and his representatives as provided in Section 88-502.15. If a hospitalization certificate is not executed within the five-day period during which the Evaluating' Facility is autho rized to detain the patient or if the superintendent of the Evaluat ing Facility does not recommend that the patient be transferred to a Treatment Facility, the patient shall be discharged forthwith under the provisions of Section 88-505.6.

(i) The hospitalization order and the report of the examining committee shall be delivered by the Court to the facility to which a patient is admitted under subsection (h) at or before the time the patient is admitted and shall be made a part of the patient's clinical record.

(j) The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If con tinued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6.

GENERAL PROVISIONS
88-508.1. Authority of department to issue regulations.--The department is hereby authorized to issue and enforce the regula tions to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of the mentally ill. In addition to the other powers provided by this Chap ter, the department shall have the authority to prescribe the forms of applications, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the in formation required to be contained therein, to require such reports from superintendents as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospi talization procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appro priate to carry out the provisions of this Chapter: Provided, how ever, that the requirements of this Section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administra tion or other federal agency.
88-508.2. Expenses of hearings; how paid.-- (a) The Ordinary shall draw his warrant upon the treasury of his county for such sum or sums as shall be actually necessary or requisite to defray

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2029

the expense of proceedings pursuant to this Chapter and the serv ices of any attorney appointed to represent a patient before the Court as provided for in this Chapter. Provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the Superior Court shall be the same as provided for in other appeals from the Court of Ordinary.

(b) The total costs to be paid to the Court of Ordinary for a hearing provided for under Sections 88-505.3 and 88-506.4 shall be the sum of $40.00.

(c) For the hearing under Section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $10.00 and actual expenses to each member. The total costs to be paid to the Court of Ordinary for such hearing shall be the sum of $25.00.

(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $10.00 and actual expenses. In exceptional circum stances, the attorney may apply to the Superior Court of the judicial circuit in which the hearing was held for an order grant ing reasonable fees in excess of the amount specified herein.

88-508.3. Compelling attendance of witnesses.--The Court of Ordinary may issue subpoenas for witnesses to appear in proceed ings authorized by this Chapter and on failure of the witnesses to attend may compel attendance in the manner provided by law.

88-508.4. Procedure upon discovery that individual is a non resident.--If a hospitalized patient is discovered not to be a 'resi dent' as defined in Section 88-501 hereof, the superintendent of the Treatment Facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his residence or to a publicly-owned or publicly-operated psychiatric hospital in the State of his residence. Provided, that nothing con tained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accordance with the terms of a reciprocal agreement between the State of Georgia and any other State, the District of Columbia, or Territory or Poossession of the United States. This Section shall not apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other federal
agency.

88-508.5. Hospitalization by an agency of the United States.-- (a) If a patient ordered to be hospitalized pursuant to this Chapter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a cer-

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tificate from such hospital showing that facilities are available and that the patient is eligribel for diagnosis, care, or treatment therein, may transfer him to the custody of such agency for hospitalization. When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The chief medi cal officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall with respect to such individual be vested with the same powers and duties as the super intendents of facilities within this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate Courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to deter mine the necessity for continuance of his hospitalization, and to order his release and every transfer of a patient by the depart ment pursuant to this Section is so conditioned.

(b) An order of a Court of competent jurisdiction of another State, Territory, or Possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the Court entering the order; and the Courts of the State, Territory, Possession or District issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of inquiring into his mental condition and of determining the nec essity for continuance of his hospitalization, as is provided in sub section (a) of this Section with respect to patients ordered hos pitalized by the Courts of this State. Consent is hereby given to the application of the law of the State, Territory, Possession or District in which is located the Court issuing the order for hos pitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hos pitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administra tion or other federal agency.
88-508.6. Private facilities.--Any private facility within this State may be approved as a Private Emergency Receiving Facility, a Private Evaluating Facility, or a Private Treatment Facility by the department at the request of or with the consent of the gov erning officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on Voluntary Admission, Emergency Admission, Admission for Evaluation and Involuntary or Nonobjecting Hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private facility or for whom space is not available in such private facility. The Courts of Ordinary may order or authorize a patient to be hospitalized in any such private facility under this Chapter only

FRIDAY, MARCH 14, 1969

2031

with the prior agreement of such private facility to receive the patient, and with the approval of the patient and his representa tives.

88-508.7. Validity of prior hospitalization orders.--No hospitalization of a mentally ill person, lawful before the effective date of this Chapter, shall be deemed unlawful because of the en actment of this Chapter. The department is authorized to establish reasonable regulations to require that the superintendent of each Treatment Facility apply under Section 88-506.6 for an order autho rizing continued hospitalization of any patient, for whom such hospitalization is necessary, who was initially hospitalized under an order of a Court of Ordinary prior to the effective date of this Chapter. Such prior orders of hospitalization entered by the Courts of Ordinary unless superseded by an order under this Chapter, shall remain valid until one year following the effective date of this Section, after which all such orders shall be null and void and of no effect.

88-508.8. Expenses for transporting and examining patients.-- The responsibility for paying the expenses for transporting pa tients and the expenses for reexamining and caring for patients which are not provided for under an Act approved March 23, 1960 (Ga. Laws 1960, p. 1138), relating to the payment of costs of care of persons admitted to State institutions under the Georgia De partment of Public Health, as amended, shall be in the following order:

(a) The patient or his estate;

(b) Persons legally obligated or legally responsible for the support of the patient;
(c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility;
(d) The department when the General Assembly appropriates funds for such purpose.

The department is hereby authorized to issue rules and regu lations governing the provisions of this Section as it relates to said department."

Section 2. Code Section 24-1901, relating to the subject matter jurisdiction of the Court of Ordinary, is hereby amended by striking the following:

"9. The issuing of commissions of lunacy in conformity to law.",

and inserting in lieu thereof the following:

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"9. All such matters as may be conferred on them by Chap ter 88-5."

Section 3. Code Chapter 49-6, relating to the appointment of guardians, is hereby amended by striking Code Section 49-604, 49-605, 49-606, 49-610, and 49-611 in their entirety and inserting in lieu there of new Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611, to read as follows:

"49-604. Procedure for appointment of a guardian.--Guardians for persons who are mentally ill, mentally retarded ,or mentally incompetent to the extent that they are incapable of managing their estates may be appointed by the several Ordinaries as follows:

(a) (1) At any time during procedures for the hospitalization of a patient under Chapter 88-5 or while a patient is hospitalized under such Chapter, any person in interest may file a petition under oath with the Court of Ordinary in the county of the pa tient's residence for the appointment of a guardian of the person or the property of the patient or both. The Court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.15. Upon the filing of such petition, the Court may request from the superintendent of any hospital where the patient is hospitalized an evaluation to determine wheth er or not the patient is mentally ill to the extent that he is in capable of managing his estate.

(2) If the patient is hospitalized in an Evaluating Facility and if the Court, upon an affidavit of the superintendent of the Evalu ating Facility stating that the patient is mentally ill and incapable of managing his estate, finds that a guardian must be appointed immediately in order to protect the estate, the Court may enter an ex parte order appointing a temporary guardian to serve so long as the patient is in the Evaluating Facility. Such guardianship shall terminate automatically upon transfer or discharge of the patient from the Evaluating Facility.

(3) Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under subsection (a) (1) shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of managing his estate and the Court shall conduct a hearing under the procedures specified in Section 88-506.4, if hospitalization of the patient is being sought under Section 88-506.3; under the procedures specified in Section 88-507.3, if hospitalization is being sought under Sec tion 88-507.2; or under the procedures specified in subsection 88506.4 if the patient is then hospitalized in a Treatment Facility. The Court may combine in one proceeding the hearings on the issue of hospitalization and on the issue of the appointment of a guardian. If the finding in such a hearing is that the patient is mentally ill to the extent he is incapable of managing his estate, the Court may appoint a guardian of the person or property of the patient or both. In such event the Court shall enter a written opinion stating its findings of fact.

FRIDAY, MARCH 14, 1969

203a

(b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of making his estate, with a physician's, certificate to like effect being attached to such application, the Court of Ordinary of the county in which the allegedly mentally incompetent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 88-507.3, and if the Commission finds that the person is mentally ill and incapable of managing his estate, the Court may appoint a guardian of the property or the person or both, provided that the Court shall not Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange "for a suitable place for their cus tody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary in the interest of the welfare of such person or of the welfare of others of the community in which such,
person resides.

"49.605. Notice to Ordinary of discharge from a Treatment Facility; subsequent order by Ordinary, procedure for termination of guardianship when ward is not hospitalized or if ward is re stored to mental health to the extent he can manage his estate but remains hospitalized.--(a) Any person who has been involun tarily hospitalized under Section 88-506.33, 88-506.4, or 88-507.3, or voluntarily hospitalized by his guardian under Section 88-503.1 for whom a guardian has been appointed and who has been dis charged from the Treatment Facility as being restored to mental health shall be deemed to be restored to mental health to the extent that he is capable of managing his estate and no longer in need of a guardian. The superintendent of the Treatment Facility, upon the release of the person restored to mental health shall notify the Court of Ordinary which appointed the guardian of such person. The judge of the Court of Ordinary, before the expiration of 30 days from the date of receipt of said notice shall enter an order declaring such person restored to mental health and capable of managing his estate and the guardian of such person shall forth with deliver over to such person his property, money and other effects in the hands of such guardian.

(b) Any person who has been restored to mental health tothe extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, per sonally or by attorney, petition the Ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is in capable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 88-507.3, a hearing shall be set on the issue of whether

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such person is no longer mentally ill to the extent that he is in capable of managing his estate. If the guardianship was ordered following a hearing under Section 88-506.4, the hearing on the termination shall be held under the procedures of Section 88-506.4. If the guardianship was ordered following a hearing under Section 88-507.3, the hearing on the termination shall be held under the procedures of Section 88-507.3. The Court of Ordinary shall enter its order either denying or granting such petition, with further rights of appeal from the order of the Court of Ordinary as pro vided in Section 88-502.16.
"49-606. Validity of prior guardianships.--No guardianship, lawful before the date of the amendment of Section 49-604 by this Act, shall be deemed unlawful because of said amendment, and any such guardianship shall continue subject to the provisions for termination of guardianship as provided in Section 49-605. It is the intent of this Section that from the effective date of Chapter 88-5 all orders respecting the guardianship of the mentally ill shall be governed by the provisions of this Chapter but that no new pro ceedings need be instituted for the continuation of guardianships pursuant to laws existing prior to the effective date of Chapter 88-5.
"49-610. Examining committee in certain counties.--In any county where there shall be only one physician licensed to practice medicine under the Georgia Medical Practice Act (Chapter 84-9) residing in the county, the committee provided for in Section 49-604 and Section 88-507.3 may be a committee of six reputable persons, one of whom shall be such physician and the remaining five shall be qualified jurors of the county not related to any per son at interest in said cause. If no physician is available, an ex amining committee of six reputable persons who are residents of the county and qualified jurors thereof shall be appointed. The examining committee appointed as provided herein shall make an examination and report its findings as provided in Section 49-604 and Section 88-507.3.
"49-611. Compensation; how paid.--The Ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Section 88-508.2, except that the members qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing."
Section 4. Said Code Chapter 49-6 is further amended by repeal ing Code Section 49-612, relating to the confinement of insane per sons, in its entirety.

Section 5. The provisions of Section 88-502.1 through 88-502.18, relating to the rights of patients of Section 1 of this Act and Section 4, relating to repealing Code Section 49-612, shall become effective on June 1, 1969. All other provisions of this Act shall become effective on January 1, 1970.

FRIDAY, MARCH 14, 1969

2035

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Smith of the 3rd moved that the House disagree to the Senate substi tute.

The motion prevailed, and the Senate substitute to HB 1 was disagreed to.

The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON H. B. 162

The Conference Committee on H. B. 162 recommends the following:

That the House and Senate recede from their respective positions and that the attached Substitute to H. B. 162 be adopted.

Your Conference Committee reports that in recommending the adoption of the attached Substitute, it is their intent and purpose to retain the original concept embraced within H. B. 162 and the amend ments adopted thereto in the Senate as they pertain only to corporate taxpayers. The attached Substitute retains these provisions only in that respect, and the subject of individual income taxation is not dealt with within the recommended Substitute.

FOR THE SENATE
Frank E. Coggin Senator, 35th District R. Eugene Holley Senator, 22nd District Lamar R. Plunkett Senator, 30th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
Charles M. Jones Representative, 59th District James W. Paris Representative, 14th District Burton M. Wamble Representative, 69th District

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A BILL

To be entitled an an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), to change the rate of taxation on corporations; to change the definitions of "gross income" and "net income"; to provide a new definition for Georgia taxable net income for corporate taxpayers; to provide additional definitions; to provide for adjustments to the Georgia taxable net income of corporations; to incorporate by reference certain provisions of the United States In ternal Revenue Code of 1954 in effect on January 1, 1969; to provide that elections made by taxpayers under the said United States Internal Revenue Code of 1954 shall be required to be made by certain Georgia taxpayers, and to provide exceptions thereto; to change the formula utilized to impose income tax on certain corporate taxpayers; to change the basis for determining gain and loss from the sale or other disposi tion of certain property; to provide an effective date; to provide for sevcrability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Chapter 92-31 of the Code of Georgia is hereby amended by striking Section 92-3102 in its entirety and inserting in lieu thereof a new Section to read as follows:
"92-3102. (a) Rate of Taxation of Corporations--Every do mestic corporation and every foreign corporation shall pay annually an income tax equivalent to six percent of its Georgia taxable net income which shall be its taxable income from property owned or from business done in Georgia, which shall consist of its taxable income as defined in the Internal Revenue Code of 1954, and with the adjustments provided for in subsection (b) of this Section, and allocated and apportioned as provided in Section 92-3113.
(b) Corporate Adjustments--(1) Interest and Dividend Ad justments--There shall be added to taxable income, interest income, to the extent that the same is not included in gross income for Federal income tax purposes, on obligations of any State or po litical subdivision except the State of Georgia and Georgia politi cal subdivisions. There shall also be added to taxable income in terest or dividends on obligations of any authority, commission, instrumentality, territory or possession of the United States which by the laws of the United States are exempt from Federal income tax but not from. State income taxes.
There shall be subtracted from taxable income interest or divi dends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent includible in gross income for Federal income tax purposes but exempt from State income taxes under the laws of the United States. There shall also be sub tracted dividends on stocks of banks and trust companies incor-

FRIDAY, MARCH 14, 1969

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corporated under the banking laws of this State or of the United States. Any amount subtracted under this subsection shall be re duced by any expenses directly attributable to the production of the interest or dividend income.

(2) Income Tax Deduction Adjustment--There shall be added to taxable income any income taxes imposed by any taxing juris diction to the extent deducted in determining Federal taxable in-

(3) Gains and Losses Adjustment--Where taxable income in cludes gains from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, which ever is higher. Where taxable income includes losses from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference result ing from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is lower.
(4) Deductions and Loss Adjustment--No portion of any de ductions or losses, including net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in Georgia may be deducted in any tax year.Where Federal adjusted gross income or net income of corporations includes such deduc tions or losses an adjustment deleting them shall be made under rules established by the Revenue Commissioner. The Revenue Com missioner shall also provide rules to preserve the deductibility of losses incurred in taxable years beginning prior to January 1, 1969, to the extent that such losses would have been deductible as net operating loss carryovers for a taxable year or years begin ning on or after January 1, 1969, if the provisions of Section 923109 (m) of the Code of Georgia had continued in effect.
(5) Income, Losses and Deductions Previously Reported--In come, losses and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia tax able income and the Commissioner shall provide for needed ad justments by regulation.
(6) Corporations having net long term capital gains from the sale or exchange of capital assets shall deduct one half of such net gains in computing Georgia taxable income.
(7) Any gain on 337 shall be recognized and added back but to the extent that a corporation incurs a Georgia income tax lia bility by reason of gains realized on a sale or sales which qualify as being exempt from federal income taxation under section 337 of the Internal Revenue Code, such Georgia income tax liability so attributable to such gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of such

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corporation in an amount which bears the same ratio to such Georgia income tax liability as the liquidation distribution received or receivable by such common stockholder bears to the liquidation distribution received or receivable by all common stockholders. Such credit shall be allowable only in the taxable year or years of each stockholder in which such liquidation distribution is re ceived and shall be limited to the amount of Georgia income tax liability, if any, of such stockohlder for such year or years as com puted before application of the credit provided by this section and before any credits for withholding or estimated tax payments.

(8) Nonrecognition of Gains and Losses Adjustment--When on the sale or exchange of real or tangible personal property located in Georgia gain or loss is not recognized because the taxpayer receives or purchases similar property then such nonrecognition shall be allowed, only when such property is replaced with property located in Georgia.

(9) Exemptions in Other Laws Preserved--This Act shall not be construed to repeal any tax exemptions contained in other Geor gia laws not referred to herein. Those exemptions and the exemp tions provided for by Federal law and treaty shall be deducted on forms provided by the Commissioner.

(10) Required Elections--All elections made by corporate tax payers under the Internal Revenue Code of 1954 shall also apply under this Act except elections involving consolidated corporate returns and subchapter "S" elections which shall be treated as follows:

(i) Corporate Elections as to Consolidated Returns--If two or more corporations file Federal income tax returns on a consolidated basis, and in the event that all of such corpora tions derive all of their income from sources within Georgia, they must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated Federal income tax return, but derive income from sources without this State must file separate income tax returns with Georgia, unless they have prior approval or have been re quested to file a consolidated return by the Department of Revenue.

(ii) Subchapter "S" Elections--Subchapter "S" elections apply only if all stockholders are subject to tax in Georgia on their portion of the corporate income provided, however, if all non-resident stockholders pay the Georgia income tax on their portion of the corporate income the election shall be allowed by the Commissioner of Revenue.

(11) Dividends from Sources Without or Within the United States Adjustment--There shall be subtracted dividends received by a corporation from sources without the United States as de fined in the Internal Revenue Code of 1954; provided that the amount subtracted under this subsection shall be reduced by any

FRIDAY, MARCH 14, 1969

2039-

expense directly attributable to the dividend income. There shall also be subtracted any dividends received by corporations from affiliated corporations within the United States, when the corpora tion receiving said dividends is engaged in business in this State and subject to the payment of taxes under the Income Tax Laws of this State, to the extent that such dividends have been included in net income under Section 92-3102. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend

(c) Nothing contained in the following Sections shall apply to corporations:
(1) Section 92-3109, relating to deductions from gross income;
(2) Section 92-3110, relating to items of expense not deducti ble;
(3) Section 92-3119, relating to the basis for determining gain and loss from the sale or other disposition of certain property;
(4) Section 92-3120, relating to the gain or loss in exchange of certain property; and
(5) Section 92-3122, relating to the distribution of certain Federally exempt trusts."
Section 2. Said Code Chapter is further amended by inserting at the end of Section 92-3108 a new paragraph to read as follows:
"Whenever the Internal Revenue Code of 1954 is referred to or used in this Act, it shall mean the United States Internal Reve nue Code of 1954 as it existed on January 1, 1969, and any term used in this Act shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1969."
Section 3. Said Chapter is further amended by striking, in its entirety, subsection (4) (a) of Section 92-3113, relating to allocation and apportionment of corporate income, and inserting in lieu thereof a new subsection (4) (a) to read as follows:
"92-3113 (4) (a). Property Ratio--The property ratio is a fraction, the numerator of which is the average value of the tax payer's real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owner or rented and used during the tax period.
Valuation of Property--Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental

2040

JOURNAL OF THE HOUSE,
rate is the annual rental rate paid by the taxpayer less any annual rate received by the taxpayer from sub-rentals.
Averaging Property Values--The average value of property shall be determined by averaging the values at the beginning and ending of the tax period but the State Revenue Commissioner may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property."
Section 4. Code Section 92-3113 (4) (d) is amended by striking the words "inventory ratio" and inserting in lieu thereof the words "property ratio".
Section 5. The provisions of this Act shall become effective im mediately upon its approval, or its otherwise becoming law, and shall apply to all taxable years beginning on and after January 1, 1969.
Section 6. The provisions of the several sections of this Act shall be deemed to be separable insofar as they or their meaning is not in separably connected and if any provisions of this Act shall be held un constitutional, such holding shall not affect any of the other provisions thereof.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Jones of the 59th moved that the report of the Committee of Confer ence on HB 162 be adopted.

On the motion, the ayes were 108, nays 5.

The motion prevailed, and the report of the Committee of Conference on HB 162 was adopted.

The following Bill of the House was taken up for the purposes of consider ing the report ol the Committee of Conference thereon:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and

FRIDAY, MARCH 14, 1969

2041

known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.

The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT

Conference Committee Report on House Bill No. 81.

The Conference Committee on House Bill No. 81 recommends the following:

(1) That the House recede from its position that Section 3 be en acted, which Section 3 requires that counties, municipalities and school districts be refunded the State tax paid on motor fuel and kerosene, subject to certain conditions.

(2) That the Senate recede from its position that the sales tax on the gas tax be removed on the effective date of said House Bill.

(3) That the title, after the words "so as to provide", be changed to read as follows:

"for an increase in the motor fuel tax; to provide for certain refunds; to provide for removal of certain State and Federal excise taxes, effective July 1, 1970; to provide an effective date; to repeal conflicting laws; and for other purposes.

(4) That said House Bill provide, in lieu of present Section 3, a new Section 3 to read as follows:

"Section 3. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed by an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended, upon the sale of motor fuel, effec tive July 1, 1970, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respectively."

FOR THE SENATE
Honorable Hugh Gillis Senator, 20th District Honorable Sam Hensley Senator 33rd District Honorable Jack Fincher Senator, 51st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
Honorable Nathan Dean Representative, 19th District Honorable Clarence Vaughn Representative, 74th District Honorable Joe Wood Representative, llth District

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JOURNAL OF THE HOUSE,

Mr. Vaughn of the 74th moved that the report of the Committee of Con ference on HB 81 be adopted.

On the motion, the ayes were 87, nays 48.

The motion was lost, and the report of the Committee of Conference on HB 81 was rejected.

Mr. Levitas of the 77th moved that a second Committee of Conference be appointed on the part of the House on HB 81.

The motion prevailed.

The Speaker appointed as a second Committee of Conference, on the part of the House, the following1 members thereof:
Messrs. Busbee of the 61st, Smith of the 3rd and Hawes of the 95th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate insists on its substitute to the following Bill of the House to-wit:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary emergency and evaluation admissions of patients; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

FRIDAY, MARCH 14, 1969

2043

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd and others:
A Bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.

The President has appointed as a second Conference Committee on the part of Senate the following Senators: Gillis of the 20th, Fincher of the 51st, and Hensley of the 33rd.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for considera tion and read the third time:

HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A Bill to be entitled an Act to authorize the State Revenue Commis sioner to negotiate and contract with the governing authority of any County or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied and collected by the State Revenue Commissioner for the State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 145, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

2044

JOURNAL OF THE HOUSE,

HB 842. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-1004 and Section 89-101, so as to change the qualifications of county school superin tendents; and for other purposes.

The following amendment was read and adopted:

Mr. Barber of the 15th moves to amend H. B. No. 842 as follows:
by inserting after the word "elected" in the seventh line of Section 1 the following phrase:
"by the board of education"

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 126, nays 21.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act establishing an equalized adjusted school property tax digest for each county in the State and for the State as a whole, so as to provide that notwithstanding any provisions of said Act to the contrary, the equalized adjusted school property tax digests of the counties of Cook, Grndy, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the correc tions certified by the State Auditor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 14, 1969

2045

By unanimous consent, HB 454 was ordered immediately transmitted to the Senate.

HR 179-462. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A Resolution authorizing and instructing the State Department of Education to pay certain sums to certain local units of administra tion who were denied their proportionate share of the funds distributed under the Minimum Foundation Program for Education Act due to errors committed in the preparation of their equalized adjusted school property tax digest; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 154, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 179-462 was ordered immediately transmitted to the Senate.

HB 766. By Messrs, Brown of the 32nd, Lane of the 101st and Adams of the 100th:
A Bill to be entitled an Act to provide a procedure for reconsideration of a Bill which has been passed by the House of Representatives and the Senate but has not been transmitted to the Governor; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Special Judiciary moves to amend House Bill No. 766 as follows:
By striking from the caption the words
"transmitted to"
from the third line and by substituting therefor the words

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JOURNAL OF THE HOUSE,

"signed by"

and by striking the words

"transmitted to"

from Section one, lines two and three, and by substituting therefor the words
"signed by"

and by adding at the end of Section one the following:
"Provided, however, that after a bill has been transmitted to the Governor it may be reconsidered only if the Governor agrees."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the Speaker ordered the Clerk to call the roll, viva voce, instructing the members to answer with "aye" or

The vote was as follows:

Those voting in the affirmative were Messrs.

Adams Bell Bohannon Brown, B. D. Busbee Carnes Cook Davis, W. Dickinson Dodson Douglas Egan Ezzard Farmer Floyd, L. R. Gary

Geisinger Gunter Hadaway Kreeger Lane, Dick Lee, W. J. (Bill) Longino Marcus Matthews, C. Matthews, D. R. Maxwell Melton Moore McClatchey McDaniell Northcutt

Pafford Patterson Potts Shanahan Sims Thompson, R. Townsend Vaughn Westlake Whaley Wheeler, Bobby Wilson Winkles Wood

FRIDAY, MARCH 14, 1969

Those voting in the negative were Messrs.

Alexander Anderson Atherton Ballard Barber Barfield Battle Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Caldwell Cato Chandler Clarke Cole Collins, M. Colwell Conger Connell Daugherty Dean, J. E. DeLong Dent

Dorminy Edwards Ellis Evans Farrar Gaynor Gignilliat Grahl Graves Harrington Harris, J. F. Harrison Henderson Hill, B. L. Horton Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Lambert Lane, W. J. Lee, W. S. Leonard

2047
Lewis Lowrey Matthews, C. Matthews, D. R. Mauldin Milford Miller Moate Mullinax Murphy McCracken Odom Paris Phillips, W. R. Reaves Ross Rowland Rush Salem Scarborough Sherman Smith, V. T. Sweat Thompson, A. W. Toles Wheeler, J. A. Wilkerson

On the passage of the Bill, as amended, the ayes were 44, nays 85.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A Bill to be entitled an Act to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2048

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 457 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd, Egan of the 116th and others:
A Bill to be entitled an Act to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for violations; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide that no person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State with out first filing a written notice with the political subdivision in which a majority of the land of proposed activity described in such applica tion lies; to provide for a short title; to define certain terms; to pro vide the procedure for filing applications; to provide for hearings; to provide for fees; to provide for the issuance of permits; to provide for the denial of permits under certain conditions; to provide for appeals; to provide for the posting of the permit; to provide penalties for vio lations; to provide for exceptions; to provide for severability; to pro vide an effective date; to repeal conflicting laws; and for other pur poses.
WHEREAS, scientific research has established that the estuarine areas of Georgia are a necessary habitat of many species of marine life and wildlife, and without the food supplied by the marshlands, such marine life and wildlife could not survive; and
WHEREAS, the estuarine marshlands of coastal Georgia have been the subject of intensive marine research which has revealed that these marshlands are the richest provider of nutrients in the world; and
WHEREAS, the marshlands of Georgia provide a great buffer against flooding and erosion, and act as a control of many pollutants; and

FRIDAY, MARCH 14, 1969

2049

WHEREAS, the estuarine areas and coastal marshlands provide vital outdoor recreation for the people of our State; and

WHEREAS, it is becoming alarming apparent that intensified in dustrial activity accompanied by related commercial development in the coastal areas poses a serious threat to the coastal marshlands; and

WHEREAS, it is imperative that the State of Georgia regulate the coastal marshlands in the exercise of its police power in order to pro test the welfare, health and safety of the citizens of this State.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:

SECTION 1

Short Title.--This Act shall be known and may be cited as the "Coastal Marshlands Protection Act of 1969."

SECTION 2

Definitions.--Unless clearly indicated otherwise by the context, the following terms, when used in this Act for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section:

(a) "Coastal marshlands" hereinafter referred to as "marsh lands" means any marshland or salt marsh in the State of Geor gia within the estuarine area of the State, whether or not the tide waters reach the littoral areas through natural or artificial water courses. Marshland shall include those areas upon which grow some, but not necessarily all, of the following: Spartina, Distichlis, Juncus, Salicornia, Linonicum, Scirpus, Spergularia, Panicus, Iva Frucksens, Typha, Eleocharis, Argostis, and Hierochlee. The oc currence and extent of salt marsh peat at the undisturbed surface shall be construed to be true evidence of the extent of a salt marsh or a part thereof.

(b) "Estuarine area" means all tidally-influenced waters, marshes and marshlands lying within a tide-elevation range from 5.6 feet above mean sea level and below.
(c) "Person" means any individual, partnership, corporation, municipal corporation, county, association, public or private au thority, and shall include the State of Georgia and all of its de partments, boards, bureaus, commissions or other agencies, unless specifically exempted by the provisions of this Act.

(d) "Applicant" means any person who files an application under the provisions of this Act.

(e) "Political subdivision" means the governing authority of a county or a municipality in which a majority of the marshlands are located, except as provided in Section 3 (a).

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JOURNAL OF THE HOUSE,

SECTION 3

Applications, procedure and hearings.--

(a) No person shall remove, fill, dredge or drain or otherwise

alter any marshland in this State without first filing written

notice of intention to do so, including such plans as may be neces

sary to describe the proposed activity, with the political subdivision

in which the majority of land of proposed activity described in

such written notice lies. If the proposed activity involves the same

amount of marshlands in two or more political subdivisions, the

applicant shall have the option of filing his application with the

political subdivision of his choice in one of the political subdivi-

'

sions. Such notice shall be sent to the governing authority of such

political subdivision by registered or certified mail. The governing

authority of the political subdivision shall hold a public hearing on

the proposal within forty-five (45) days of receipt of the notice

and shall notify by registered or certified mail the person propos

ing the alteration and all abutting property owners from a mail

ing list of such property owners supplied by the applicant, and

the public by notice in the newspaper authorized to publish sher

iff's advertisements in the county where a majority of the marsh

lands are located once a week for two consecutive weeks next pre

ceding the date set for the hearing.

(b) The applicant shall not commence work under his pro posal unless and until a certificate of the Secretary of State of Georgia has been secured by the applicant stating that

(1) the applicant has submitted to the Secretary of State a title insurance policy from a title insurance company, au thorized to do business in Georgia, certifying that the appli cant is the owner of the marshlands which are the subject of the proposed activity.

(2) the applicant has submitted to the Secretary of State an affidavit that the lands of proposed activity are within the property described in such title policy;

(3) the Secretary of State has received a certified check or money order in the amount of $25.00 payable to the Secre tary of State in order to defray administrative costs.

(c) The Secretary of State shall issue a certificate within thirty (30) days after request therefor has been duly posted in the United States mail by registered mail in an envelope addressed to the Secretary of State of Georgia at his proper address with sufficient postage attached and containing the title insurance policy, affidavit and certified check or money order as provided above, together with a notice of approval of the proposed activity certi fied to by the political subdivision. Upon issuing said certification, the Secretary of State shall return the title insurance policy to the applicant, with his approval marked thereon.

FRIDAY, MARCH 14, 1969

2051

(d) In every instance the written notice filed by the applicant shall be accompanied by a plan or drawing showing the proposal and the manner in which said proposal shall be accomplished. In the event the application is for filling, dredging or draining and the governing authority of the political subdivision finds that such proposal is not violative of any zoning law, ordinance, or other local restrictions which may be applicable thereto, and that no harmful obstruction to or alteration of the natural flow of navi gable water within such area will arise from the proposed change of use, and that no harmful or increased erosion, shoaling of chan nels or stagnant areas of water will be created thereby, and that no material injury or monetary damage to adjoining land will accrue therefrom, permission to carry out the proposal shall be given in writing to the applicant. Prior to the issuance of such permit, the governing authority of the political subdivision shall determine whether the granting of such permit and the completion of the applicant's proposal will interfere with the conservation of fish, shrimp, oysters, clams, or any marine life or wildlife or other natural resources, to such an extent as to be contrary to the public interests, and whether the proposal will result in the de struction of marine productivity, including, but not limited to, destruction of natural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, including established marine soils suitable for producing plant growth of a type useful as nursery or feed grounds for marine life to such an extent as to be contrary to the public interests.

(e) In making its determination the political subdivision shall consider whether the area of proposed activity has been zoned under current reasonable zoning ordinances for commercial, indus trial, recreational, residential or conservation and preservation use.

(f) The governing authority of the political subdivision shall make a determination and approve or disapprove an application for a permit within ten (10) days after conducting a hearing thereon. Approval may be withheld by the political subdivision when in its opinion the proposal would threaten the public safety, health or welfare, would adversely affect the value or enjoyment of the prop erty of abutting property owners, or would be damaging to the conservation of public or private owners, or would be damaging to the conservation of public or private water supplies or of wildlife or estuarine or marine life, such as, but not limited to, shrimp, fish, crabs, oysters, or clams.

(g) Each application shall be accompanied by a certified check or money order in the amount of $50.00 payable to the political subdivision to defray the costs of advertising, mailing and incidental costs.

(h) No permit shall be issued unless the proposed change of use of the area shall be completed within two (2) years next after the date of issuance of such permit or approval by the political subdivision. Such time may be extended by the political subdivision for good cause upon showing that all due efforts and diligence

2052

JOURNAL OF THE HOUSE,

toward the completion of the work have been made. The permit may be revoked by the political subdivision for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof, who shall be given an opportunity for a hearing before the political subdivision within (30) days after such notice.
(i) In the event a permit is refused by the political subdivi sion, any applicant who is aggrieved or adversely affected thereby shall have the right to appeal to the superior court of the county in which a majority of the land lies. Such appeal shall be by peti tion and shall be filed in the office of the clerk of such court within thirty (30) days after the final order or action of the politi cal subdivision. Such appeal shall be for the purpose of determining whether the action appealed from so restricts the use of the prop erty as to deprive the owner of the reasonable use thereof, or is an unreasonable exercise of the police power, or constitutes a taking without just compensation. The court, upon such a finding, may set aside or amend the action appealed from. The enforcement of the order or action appealed from shall not be stayed unless so ordered and directed by the reviewing court.
(j) An aggrieved party may obtain a review of any final judg ment of the superior court under this Act by the Court of Appeals or the Supreme Court, as provided by law.
(k) The superior court of the county in which a majority of the land lies shall have jurisdiction to restrain a violation of this Act at the suit of any person.

SECTION 4

Posting of permit.--Every permit issued to an applicant shall be prominently displayed within the area of the proposed activity. If the political subdivision deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issu ance, name of applicant and such other information as the political subdivision may require. The type and size shall be specified by the
political subdivision.

SECTION 5

Violations; penalties.--Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00, or imprisoned not exceeding six (6) months, or both, in the discretion of the court. Any person convicted of violating the provisions of this Act two or more times shall be fined not less than $200.00 per acre for each acre affected by such violation.

SECTION 6
Exceptions.--The provisions of this Act shall not apply to the following:

FRIDAY, MARCH 14, 1969

2053

(a) Activities of the State Highway Department incident to constructing, repairing and maintaining a public road system in Georgia;

(b) Agencies of the United States charged by law with the responsibility of keeping the rivers and harbors of this State open for navigation and agencies of this State charged by now existing law with the responsibility of keeping the rivers and harbors of this State open for navigation, including areas for utilization for spoilage designated by such agencies.

(c) Mosquito Control Agencies operated by or under the con trol of any political subdivision in this State;

(d) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, re pairing and maintaining utility lines for the transmission of gas, electricity or telephone messages;

(e) Activities of companies which construct, erect, repair and maintain railroad lines and bridges;

(f) Activities of political subdivisions incident to constructing, repairing, and maintaining pipelnes for the transport of water and sewage; and

(g) A one family dwelling shall obtain a building permit from the political subdivision only and not be required to apply to the Secretary of State.

SECTION 7
Severability.--In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall re main of full force and affect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 8 Effective date.--This Act shall become effective July 1, 1970.

SECTION 9
Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

2054

JOURNAL OF THE HOUSE,

The following amendment to the Committee substitute was read and adopted:

Mr. Harrison of the 66th moves to amend Committee Substitute to House Bill No. 212 as follows:
By adding at the end of Section 6 the following:
"(h) Activities occurring west of a line dividing salt-marsh land from high land."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute ,as amended, the ayes were 97, nays 30.
The Speaker voted "aye".

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 212, by substitute, as amended, was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference No. 2 thereon:

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to amend an Act relating to the manufac ture, sale, and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The following report of the Committee of Conference No. 2 was read:
CONFERENCE COMMITTEE REPORT

FRIDAY, MARCH 14, 1969

2055

Conference Committee Report on House Bill No. 104.

The Conference Committee on House Bill No. 104 recommends the following:

(1) That the Senate recede from its position that the said bill, as introduced, be amended to include an additional tax on malt bev erages.

(2) That the Senate recede from its position that the said bill, as introduced, be amended to provide an additional tax on certain tobacco products.

(3) That the House and Senate recede from their positions and adopt a new subsection (d) of quoted Section 3 to read as follows:

"(d) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, to which wine spirits produced from without the State of Georgia have been added, having an alcoholic strength of more than four teen (14) percent alcohol by volume, one dollar fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon until April 1, 1970, and thereafter this tax shall become two dollars fifty cents ($2.50) per gallon and a proportion ate tax at like rates on all fractional parts of a gallon."

FOR THE SENATE
Honorable A. W. Holloway Senator, 12th District Honorable M. J. Padgett Senator, 23rd District Honorable Stanley E. Smith, Jr. Senator, 18th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
Honorable E. R. Lambert Representative, 25th District Honorable Quimby Melton, Jr. Representative, 32nd District Honorable Thomas B. Murphy Representative, 19th District

Mr. Leonard of the 3rd moved that the report of the Committee of Con ference on HB 104 be adopted.

On the motion, the ayes were 66, nays 59.

The motion was lost, and the report of the Committee of Conference No. 2 on HB 104 was rejected.

The Speaker appointed as a Committee of Conference No. 3 on the part of the House the following members:

2056

JOURNAL OP THE HOUSE,

Messrs: Lambert of the 25th, Murphy of the 19th and Melton of the 32nd.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has rejected the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The President has appointed as a third Conference Committee on the part of the Senate the following Senators: Holloway of the 12th, Simth of the 18th, and Padgett of the 23rd:

The following Resolution of the Senate was read and adopted:

SR 122. By Senator Coggin of the 35th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE SENATE, THE HOUSE OF REP RESENTATIVES CONCURRING, that the General Assembly do ad journ at 5:00 o'clock p.m., March 14, 1969, and reconvene at 10:00 o'clock a.m., March 17, 1969.

Mr. Busbee of the 61st moved that pursuant to SR 122, adopted by the House and Senate, the House do now adjourn until 12:00 o'clock, noon, Monday, thereby allowing Monday morning for the Committee on Appropriations to meet.

The motion prevailed.

The Speaker announced the House adjourned until 12:00 o'clock, noon, Monday.

MONDAY, MARCH 17, 1969

2057

Representative Hall, Atlanta, Georgia Monday, March 17, 1969

The House met pursuant to adjournment at 12:00 o'clock, Noon, this day and was called to order by the Speaker.

The following prayer was offered by Rev. J. Loy Scott, Pastor, Hillcrest United Methodist Church, Macon, Georgia:
0 LORD, thou art the eternal order of the universe. Our human laws at best are but an approximation to thine immutable law, and if our institutions are to stand, they must rest on justice, for only justice can endure. We beseech thee for the men who are set to make and interpret the laws of our nation. Grant to all lawyers a deep con sciousness that they are called of God to see justice done, and that they prostitute a holy duty if ever they connive in its defeat. Fill them with a high determination to make the courts of our land a strong fortress of defense for the poor and weak, and never a castle of op pression for the hard and cunning.
Save them from surrendering the dear-bought safeguards of the people for which our fathers fought and suffered. Revive in them the spirit of the great liberators of the past that they may cleanse our law of the inherited wrongs that still cling to it. Suffer not the web of outgrown precedents to veil their moral vision, but grant them a penerating eye for the rights and wrongs of today and a quick human sympathy with a life and sufferings of the people. May they not perpetuate the tangles of the law for the profit of their profes sion. Aid them to make its course so simple, and its justice so swift and sure, that the humblest may safely trust it and the strongest fear it. Grant them wisdom so to refashion all law that it may become the true expression of the fairer ideals of freedom and brotherhood which are now seeking their incarnation in a new age. Make these our brothers the wise interpreters of thine eternal law, the brave spokes men of thy will, and in reward bestow upon them the joy of conscious fellowship with thy Christ in saving men from the bondage of ancient wrong. Amen.
By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

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JOURNAL OF THE HOUSE,

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following report of the Committee on Rules was received and read:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Monday, March 17, 1969, and submits the following:

HB 184. Employees Retirement System, Tax Commissioner. HB 199. Employees Retirement System, Employ Retired Members. HB 277. Death Penalty, Abolish. HB 280. Late Tax Returns, Copy of Extension. HB 412. Glass Doors, Require Safety Glass--PP. HB 414. G.B.I., Transfer to The Department of Law. HB 415. G.B.I., Certain Crimes, Submit Information. HB 416. G.B.I., Attorney General Employ Necessary Agents. HB 446. Kill Foxes, Aid of Recorded Calls, Unlawful. HB 499. Ga. Office Building Authority, Security Guards. HB 514. Boilers and Pressures Vessels, Installation. HB 524. Georgia Meat Inspection Act--PP. HB 529. Certain Counties, One Governing Authority. HB 540. Criminal Code, Protests and Demonstrations. HB 570. Ocean Science Center. HB 590. Juveniles, Same Right of Bail as Adults.

MONDAY, MARCH 17, 1969

2059

HB 607. Industrial Loan Act, Tax Upon Fees, etc.

HR 234-682. Convey Property, Baldwin County.

HB 734. Equalized Adjusted School Property Tax Digest.

HB 735. Furnish School Tax Digest to Board of Education.

HR 255-756. Convey Property, Floyd County.

HR 271-825. Convey Property, Greene County.

HB 854. Municipalities, Annexing, Right of Way.

HB 866. Posting of Bond, Court of Competent Jurisdiction.

HB 907. Constables, Not Have Arrest Power.

HB 935. Food Service, Garbage Processed.

SB

69. Judges and District Attorney, Retirement System.

SB 115. Credit Card, Improper Use of.

SB 125. Guardian, Spouse Has Preference in Appointment.

SB 162. Atlanta Rapid Transit Authority, Contract With.

SB 182. County Bonds, Proceeds Investment.

SB 184. Trust Funds, Investments by Trustees.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 970. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, and creating a new Charter and municipal government for said corporation, so as to change the salaries of the mayor and councilmen thereof; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 972. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act authorizing Gwinnett County and the governing authorities thereof to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 973. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purposes.
Referred to the Committee on Local Affairs.

HB 974. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act authorizing Gwinnett County and the govern ing authority thereof to appoint a Merit System Board; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 975. By Mr. Collins of the 62nd: A Bill to be entitled an Act to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Commissioners of Mitchell County; to provide for a depository; and for other purposes.
Referred to the Committee on Local Affairs.
HB 976. By Mr. Hargrett of the 58th: A Bill to be entitled an Act to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 977. By Mr. Hargrett of the 58th: A Bill to be entitled an Act to amend an Act incorporating and

MONDAY, MARCH 17, 1969

2061

creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 978. By Messrs. Poole, Roach and Harris of the 10th: A Bill to be entitled an Act to create the Pickens County Water and Sewer Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 979. By Messrs. Poole, Roach and Harris of the 10th: A Bill to be entitled an Act to provide for appointment of the Pickens County School Superintendent by the Board of Education of Pickens County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 980. By Messrs. Poole, Roach and Harris of the 10th: A Bill to be entitled an Act to create the Tate Water and Sewer Au thority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th: A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 982. By Messrs. Snow, Crowe and Hale of the 1st: A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to authorize an automobile for the use of the commissioner in conduct ing the official duties of his office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 983. By Messrs. Harris, Levitas, Parrar and Thomason of the 77th, Jordan of the 74th, Morris and Bell of the 73rd, Davis, Floyd of the 75th, Collins of the 72nd and Dean of the 76th: A Bill to be entitled an Act to amend the charter of the City of Avon-

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JOURNAL OF THE HOUSE,

dale Estates, so as to modify and expand the limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 986. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Tax Commissioner of Grady County, etc.; and for other purposes.
Referred to the Committee on Local Affairs.
HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act incorporating and granting a charter to the City of Lula, so as to authorize the mayor and council to fix the compensation of officers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 988. By Messrs. Lane of the 101st, Brown of the 32nd and Adams of the 100th:
A Bill to be entitled an Act to provide a procedure for reconsideration of House Bill No. 12 which was passed by the House of Representatives and the Senate at the 1969 session of the General Assembly of Georgia, but has not been signed by the Governor; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State of Republic.

MONDAY, MARCH 17, 1969

2063

HB 989. By Messrs. Brown of the 110th, Bond of the lllth, Horton of the 95th, Alexander of the 108th, Ezzard of the 102nd, Dean of the 76th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta. . . . ", so as to provide that of the two aldermen elected in each ward, one shall be elected by a majority vote within the ward, and the second shall be elected by a majority of the qualified voters within the entire City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 990. By Messrs. Brown of the 110th, Bond of the lllth, Hood of the 99th, Alexander of the 108th, Daugherty of the 109th, Shepherd of the 107th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta. . . . ", so as to provide that the two aldermen elected from each ward shall both be elected by a majority vote of the qualified voters within the ward; and for other purposes.
Referred to the Committee on Local Affairs.

HB 991. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commissioner of Telfair County; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 947. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sanitary services in said districts; etc.; to provide for a tax or assessment to pay for same; and for other purposes.

HB 948. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the tax commissioner of Henry County; and for other purposes.

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JOURNAL OF THE HOUSE,

HE 949. By Mr. Hill of the 94th:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of school systems in counties having populations of not less than 175,000 nor more than 250,000; and for other purposes.

HB 950. By Messrs. Snow, Hale and Crowe of the 1st, and Peters of the 2nd:
A Bill to be entitled an Act to provide a salary for the court reporter of the Lookout Mountain Judicial Circuit, which salary shall be in addition to the fees he is entitled to receive by law; and for other purposes.

HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.

HR 316-951. By Mr. Gunter of the 6th:
A Resolution creating the Ambulance Services Study Committee; and for other purposes.

HB 952. By Messrs. Dean of the 76th and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to provide for certain procedural and substantive changes in certain eviction cases taking place in counties with populations of 250,000 or more, and the munici palities lying wholly or partly therein; and for other purposes.

HB 961. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and commissioners; and for other purposes.

HB 962. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.

MONDAY, MARCH 17, 1969

206&

HR 339-962. By Messrs. Adams of the 100th, Games of the 104th, Gates of the 95th, Winkles of the 96th and Lane of the 101st:
A Resolution proposing an amendment to the Constitution so as to provide for the appropriation of a portion of motor fuel taxes to State Game and Fish Commission for the purpose of financing the construc tion, maintenance and operation of boating and fishing facilities and: a boating safety program; and for other purposes.

HB 963. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of said city; and for other purposes.
HB 964. By Messrs. Brown of the 110th, Hood of the 99th, Horton of the 95th,, Jordan of the 55th, Ezzard of the 102nd, Shepherd of the 107th: A Bill to be entitled an Act to provide that the employees of certain counties and of the political subdivisions located within such counties, shall have the right of self-organization; and for other purposes.
HB 965. By Messrs. Peterson and Nunn of the 41st: A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
HB 966. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said: city; and for other purposes.
HB 967. By Messrs. Peterson and Nunn of the 41st: A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to provide the procedures whereby the compensation of the mayor and councilmen may be changed by the mayor and council; and for other purposes.

HB 968. By Messrs. Farmer and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Clarke County School district and providing for a board of education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 969. By Messrs. Evans, Keen, Scarborough and Knapp of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city; and for other purposes.

:HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st, Whaley of the 93rd, Gignilliat of the 89th and others:
A Bill to be entitled an Act to create the Groveland Lake Development Authority; and for other purposes.

SR 84. By Senator Kidd of the 25th:
A Resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.

,SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st, and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control; and for other purposes.

SB 161. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to define the meaning of the word "population" as used in this Act; and for other purposes.

SB 234. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend an Act which provides a schedule of license fees for motor vehicles, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers; and for other purposes.

.SB 245. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend the "Georgia Insurance Code", so as to provide that surplus funds borrowed by such companies as

MONDAY, MARCH 17, 1969

206T

therein authorized shall not constitute liabilities of the companies except as provided herein or as herein authorized; and for other purposes.

SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A Bill to be entitled an Act to repeal House Resolution No. 14a adopted at the 1949 Extraordinary Session of the General Assembly of Georgia, which resolution authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; and for other purposes.

SB 255. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, so as to change the compensation of the clerk of the Superior Court; and for other purposes.

SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 56 known as the "Georgia Insurance Code", so as to make certain changes in regards to hospital care; and for other purposes.

SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th and others:
A Resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunction with Georgia Highway Project F 010-2 (10) formerly PAP 449-C; and for other purposes.

SB 257. By Senator Garrard of the 37th:
A Bill to be entitled an Act to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes-

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations, sub mitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow-

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JOURNAL OP THE HOUSE,

ing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 844. Do Pass. HR 33-45. Do Not Pass. HR 52-125. Do Pass. HR 61-136. Do Pass. HR 116-283. Do Pass. HR 124-329. Do Pass. HR 203-579. Do Not Pass. HR 247-693. Do Pass. HR 248-698. Do Pass as Amended. HR 260-796. Do Pass. HB 532. Do Pass

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Rainey of the 47th, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 833. Do Pass, as Amended.
Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Lee of the 21st, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the

MONDAY, MARCH 17, 1969

2069

following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 852. Do Pass.

Respectfully submitted, Lee of the 21st, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the followingBills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 196. Do Pass, as Amended. SB 197. Do Pass, as Amended.
Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HB 906. Do Pass.

SB

41. Do Pass.

Respectfully submitted, Busbee of the 61st, Vice-Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

HB 923. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Edison, approved August 13, 1929, as amended, so as to change the terms of office of mayor and councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 924. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensa tion, approved March 30, 1965, so as to change the compensation of said sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 925. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, approved August 27, 1931, as amended, so as to provide for compensa tion for the commissioner of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

MONDAY, MARCH 17, 1969

2071

The Bill, having received the requisite constitutional majority, was passed.

HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,000 nor more than 49,500 according to the U.S. Census of 1960 or any future such census; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 928. By Messrs. Scarlett and Harris of the 67th: A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960, as amended, so as to authorize the sheriff to designate the chief jailer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 929. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Glynn County, Georgia, approved February 11, 1937, as amended, so as to provide for the compensation for members of the Board; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 930. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, approved March 9, 1943, as amended, so as to change the name of said court; and for other purposes.

The report of the Committee, which .was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 936. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, approved March 10, 1964, as amended, so as to change the compensation of the tax receiver; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 937. By Mr. Conner of the 56th:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Appling County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

MONDAY, MARCH 17, 1969

2073

The Bill, having received the requisite constitutional majority, was passed.

HB 938. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, approved March 10, 1964, as amended, so as to change the compensation of the tax collector and his secretary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 939. By Mr. Hadaway of the 27th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gray (formerly town of Gray) approved August 22, 1911, as amended, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 940. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Davis, Floyd, Westlake and Higginbotham of the 75th, Vaughn and Jordan of the 74th, Harris, Thomason, Levitas and Farrar of the 77th: A Bill to be entitled an Act to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and clerical help in such circuits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 196. By Senator London of the 50th: A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Fannin County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend SB 196 as follows: By striking the figure "4,000" from Section 2 and inserting in lieu
thereof the figure "5,400".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 197. By Senator London of the 50th: A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court of Fannin County, known as the fee system; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend SB 197 as follows: By striking the figure "4,200" from Section 2 and inserting in lieu
thereof the figure "5,600".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, MARCH 17, 1969

2075

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:
SR 106. By Senators Plunkett of the 30th and Holloway of the 12th: A Resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such manner that the buildings can effectively be used as fallout shelters; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:
SB 35. By Senators Johnson of the 38th, Ward of the 39th, Hardy of the 56th, and others: A Bill to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to County Employees of said county; and for other purposes.

SB 249. By Senator Stephens of the 36th:
A Bill to be entitled an Act to fix the compensation of the judge of the court of ordinary in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 252. By Senator Coggin of the 35th:
A Bill to fix the compensation of the judges of the juvenile court in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

2076

JOURNAL OF THE HOUSE,

SB 267. By Senator McGill of the 24th:
A Bill to create and establish a Small Claims Court in and for Wilkes County; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 258. By Senator London of the 50th:
A Bill to abolish the present mode of compensating the ordinary of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth r
A Bill to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.

HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th, and others:
A Bill to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national origin of the person upon whom the arrest is being made; and for other purposes.

HB 342. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to amend an Act creating the City Court of Walker County, so as to change the name of the said court to the Civil and Criminal Court of Walker County; and for other purposes.

HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A Bill to amend an Act providing that the construction and maintenance of portions of the State aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State High way Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.

HB 388. By Mr. Harris of the 77th:
A Bill to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being examined before said

MONDAY, MARCH 17, 1969

2077

Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.

HB 542. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton and Burruss of the 117th:
A Bill to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking-down of criminal felony cases; and for other purposes.

HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A Bill to amend the Code of Georgia of 1933, so as to delete from Titles 84 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other purposes.

HB 569. By Messrs. Dorminy and Hudson of the 48th:
A Bill to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor. . .", relating to territorial limits; and for other purposes.

HB 612. By Messrs. Dorminy and Hudson of the 48th:
A Bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new charter therefor; and for other purposes.

HB 625. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the the purchase of certain supplies, equipment and materials; and for other purposes.

HB 681. By Mr. Joiner of the 35th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Washington (now Board of Commissioners of Washington County), so as to provide an expense allowance of $100 per month for each member of said Board; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 757. By Messrs. Jones and Buck of the 84th, Davis and Thompson of the 86th, Thompson and Berry of the 85th:
A Bill to amend the Charter of the City of Columbus in the County of Muscogee, so as to extend the present corporate limits of said city; defining the boundaries of such territory; and for other purposes.

HB 760. By Mr. Dodson of the 82nd:
A Bill to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in said court; and for other purposes.

HB 762. By Mr. Knowles of the 22nd:
A Bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.
HB 763. By Mr. Knowles of the 22nd:
A Bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.

HB 764. By Mr. Knowles of the 22nd:
A Bill to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of the board of county commissioners to provide for a travel expense allowance for each member of the board of county commissioners; and for other purposes.

HB 765. By Mr. Knowles of the 22nd:
A Bill to change the terms of the superior court of Henry County; and for other purposes.

HB 801. By Messrs. Mauldin and Milford of the 12th:
A Bill to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.

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2079

HB 802. By Messrs. Mauldin and Milford of the 12th:
A Bill to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.

HB 834. By Messrs. Dorminy and Hudson of the 48th:
A Bill creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 227-644. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A Resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property located in Fulton County; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:

HR 318. By Mr. McClatchey of the 113th:
A Resolution designating April 1969 as "Cancer Control Month"; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 391. By Messrs. Hudson and Dorminy of the 48th:
A Bill to amend an Act creating a board of commissioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.

HB 631. By Messrs. Salem and Rush of the 51st:
A Bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.

2080

JOURNAL OF THE HOUSE,

HB 632. By Messrs. Salem and Rush of the 51st:
A Bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 755. By Mr. Ross of the 26th:
A Bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 793. By Messrs. Odom, Lee. Hutchinson and Busbee of the 61st:
A Bill to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 145. By Senators Padgett of the 23rd and Coggin of the 35th: A Bill to be entitled an Act to revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to require that inmates released from State Penal institutions and county work camps be furnished a certain sum of money; and for other purposes.
The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:

MONDAY, MARCH 17, 1969

2081

SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 60. By Senator Webb of the llth:
A Bill to amend an Act establishing the State Employees' Retirement System approved Feb. 3, 1949, as amended, so as to provide for prior service credit for certain individuals serving in the Armed Forces; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 35. By Senators Johnson of the 38th, Ward of the 39th, Hardy of the 56th, and others:
A Bill to be entitled an Act to amend the Act approved March 3, 1939 authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the pay ment of pensions to County employees of said county; and for other purposes.
Referred to the Committee on Local Affairs.

SB 60. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for prior service credit for certain individuals serving in the Armed Forces; and for other purposes.
Referred to the Committee on State of Republic.

SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A Resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that the buildings can effectively be used as fallout shelters; and for other purposes.
Referred to the Committee on State Institutions & Property.

2082

JOURNAL OP THE HOUSE,

SB 249. By Senator Stephens of the 36th:
A Bill to be entitled an Act to fix the compensation of the judge of the court of ordinary in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

SB 252. By Senator Coggin of the 35th:
A Bill to be entitled an Act to fix the compensation of the judges of the juvenile court in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

SB 258. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of White County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

SB 267. By Senator McGill of the 24th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Wilkes County; and for other purposes.
Referred to the Committee on Local Affairs.

The following Resolution of the House was read and adopted:

HR 347. By Messrs. Knapp, Pinkston, Keen, Evans and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A RESOLUTION
Commending the Mark A. Smith High School Basketball Team; and for other purposes.
WHEREAS, the Mark A. Smith High School of Macon, Georgia, recently won the State AAA Basketball Championship by defeating Carver High School of Columbus, Georgia, in a thrilling overtime game; and
WHEREAS, each and every member of this outstanding basketball team has dispalyed an outstanding and unusual amount of courage, dedication, hard work, discipline, skill and team work in achieving this magnificent goal; and

MONDAY, MARCH 17, 1969

2083

WHEREAS, particular praise should be bestowed upon Coach Don "Butch" Clifton, who, in only his second year as head coach, has provided the inspirational example to his players, and through his leadership has led his players to the State Championship; and

WHEREAS, the Mark A. Smith High School is named for one of this State's most outstanding educators and gentlemen, the late Mark A. Smith, former Superintendent of the Bibb County School System; and

WHEREAS, Mark A. Smith High School has the distinct honor of possessing one of this State's most outstanding athletic directors, Minton Williams; and

WHEREAS, it is only befitting and proper that this outstanding educational institution and athletic team be recognized for its astonish ing achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to the Athletic Director, Minton Williams; Head Basketball Coach, "Butch" Clifton; and to each and every member of the Mark A. Smith High School Basketball Team its heartiest and warmest congratulations upon ex periencing a most successful and rewarding season of competition, culminating in the winning of the State AAA Basketball Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Athletic Director Williams; Coach Clifton; Scott Judd, Captain of the basketball team; Charlie Anderson, selected as the AAA tournament's most valuable player; Cam Bonifay and Frank Prince, selected to the all tournament team; and to the remaining players, managers and trainers, David Lee, Richard Peek, John Skalko, Jag Gholson, Ronnie Nelson, Craig Hertwig, Clifford Moore, Dirk Thomas, and Minton Williams, Jr.

Mr. Collier of the 54th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 9. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, as amended, so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; and for other purposes.

The motion prevailed, and SB 9 was reconsidered.

2084

JOURNAL OF THE HOUSE,

Mr. Hargrett of the 58th arose to a point of personal privilege and addressed the House, requesting said address to appear in the House Journal as follows:

Mr. Speaker and Members of the House:

As a freshman last calendar year, I embarrassingly had to take the well on a point of personal privilege--or I thought I should. This House has just corrected that issue without a dissenting vote. Now, as a sophomore, I now know better than to rush to the well--but I still feel I must ask you to lend me your ears for three minutes as big gov ernment seems to have us by the wallet, forever.

As St. Paul, I am not your enemy because I am telling you the truth.

In behalf of many concurring members, I feel the following re marks are in order.

I dreamed that there was a huge billboard and upon it was a kingsized blank sheet of paper and under it was a little teacher-like figure with a pointer in his hand and he stated that the big blank above de picted the "Best of Baldy." I defended Baldy because I thought he was doing the best he could with unhappy circumstances. I rise to protest the sadistic, at times immature, presuming paper-selling, non-objective news reporting by some individuals who obviously have not been in this world long enough to know what they are talking about.

They should be on their hands and knees giving Thanks for a sys tem that can produce temporary indecision, reconsideration and debate and struggle. There is none in Moscow, Peking, Hanoi, or Havana.

We in the Legislature are between the rock and the hard place as we search to find the compromise between the plight of my name for the American citizen--Joe Overtaxed ( O-V-E-R-T-A-X-E-D ) and reality in the field of deserving individuals who cannot help themselves.

Picture the dilemma of a mighty chorus of "No Tax Increase" from the people and the pleas of honorable people who feel that they are absolutely right when they say "Some money must be found". I sug gest that all of us, including the Press, put our heart, head, hands and health and headlines to giving the people the facts instead of indulging in abominable exercise in ridicule.

Let me tell you newspeople something--all over this nation today, loose among us, are three kinds of news people. Class I: Conscientious reporters, aware of their moal and ethical responsibility to the political health of the nation; reporting the news accurately and objectively. The Savannah area has many news people of this type.

Class II: The second type are those that are the prostitutes of the printers ink. They have sold their souls to their superiors and they

MONDAY, MARCH 17, 1969

2085

must slant the news to please "Big Daddy" or lose their jobs. Some such newspeople can be found in the Atlanta area.

Class III. The third group is found commonly among the ranks of national television casters, who are self-appointed Messiahs! They suf fer with the "Father knows best", syndrome in regards to what is going on in the country. They attempt to mold public opinion by slanting the news. All of them have in common a bad disease--they don't know that they don't know.

We in the Legislature have no more masochistic will to absorb your punishment to match your sometimes seemingly endlless sadistic com pulsion to put it out.

Therefore, as a public service, and on conclusion, let me tell the State that which is really going on.

Mr. Levitas, Friday, detailed the 1969 Assembly's accomplishments. We are beholden to no one other than Joe Taxpayer. Beyond that, we are caught in the dilemma of representing the taxpayer who demands less taxes and granting audiences to departmental heads who hear the commands for more services and the predicament of this day is the inevitable result of this inherent schizophrenic-amnesia which is par for the type of course where people too quickly forget that government can only give that which it takes away and it is no one's specific fault!

We do not apologize to anyone. We should vote and then cheerfully abide by the decisions of this Body, everyone of whom I revere in their conscientiousness, intelligence, and ability. . . . Thank Heaven again for our system!

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 935. By Mr. Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render same from any infectious or contagious disease, so as to provide that all food service establishments, whether public or private shall submit certain reports to the Commissioner of Agriculture; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 3.

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JOURNAL OP THE HOUSE,

The Speaker voted "aye".

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 935 was ordered immediately transmitted to the Senate.

HB 734. By Messrs. Wamble of the 69th, Parker of the 4th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A Bill to be entitled an Act to require the State Revenue Commissioner to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school pur poses; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 99, nays 0.

By unanimous consent, HB 734 was ordered immediately transmitted to the Senate.

HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th, Harrison of the 66th, Gignilliat of the 89th, Gaynor of the 88th, Whaley of the 93rd, Ellis of the 91st, Battle of the 90th and Hill of the 94th:
A Bill to be entitled an Act to amend an Act creating the Ocean Science Center of the Atlantic Commission approved March 8, 1967 so as to pro vide for the establishment of marine resources extension centers; to reconstitute the membership of the Board of Trustees; to provide for the development and study of plans for the utilization and development of coastal and offshore lands, waters and resources; to provide an ef fective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

(On the passage of the Bill, the ayes were 102, nays 0.

MONDAY, MARCH 17, 1969

2087

The Bill, having received the requisite constitutional majority, was passed.

HB 735. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act', approved January 24, 1964, as amended, so as to provide that the State Revenue Commissioner shall furnish the equalized adjusted school property tax digest of each county and each independent school system and of the State as a whole to the State Board of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 735 was ordered immediately transmitted to the Senate.

HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th:
A Bill to be entitled an Act to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or re corded or electronically amplified imitations of calls or sound; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 98, nays 5.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 446 was ordered immediately transmitted to the Senate.

2088

JOURNAL OP THE HOUSE,

HB 280. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 92-3211, relating to late, false and fraudulent income tax returns, as amended, particu larly by an Act approved Mar. 11, 1964, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, "was agreed to.

On the passage of the Bill, the ayes were 98, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 391. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.

The following Senate amendment was read:
County and Urban Affairs offers to amend House Bill No. 391 as follows:
By inserting in the title immediately before the phrase: "to provide an effective date;" the following: "to provide that the chairman shall be the chief administrative officer of the county and shall devote his full time to the duties of his office;"
By inserting a new sentence between the second and third sentences of quoted Section 6 of Section 1 to read as follows: "The chairman of said board of commissioners shall be the chief administrative officer of the county and shall devote his full time to the duties of his office."

Mr. Dorminy of the 48th moved that the House agree to the Senate amend ment.

MONDAY, MARCH 17, 1969

2089

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 391 was agreed to.

HB 631. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers to amend HB 631 by inserting in Section 2, paragraph two, in the second sentence after the words "full force and effect," the following:
"provided the residents of the tract of land described in Section 1 of this Act are furnished with the same city services as the majority of residents of other areas of the city within 12 months following the approval of this Act in such referendum,".

Mr. Salem of the 51st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 631 was agreed to.

HB 632. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers to amend HB 632 by inserting in Section 2, paragraph two, in the second sentence after the words "full force and effect," the following:
"provided the residents of the tract of land described in Section 1 of this Act are furnished with the same city services as the majority of residents of other areas of the city within 12 months following the approval of this Act in such referendum,".

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JOURNAL OP THE HOUSE,

Mr. Salem of the 51st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to TB 632 was agreed to.

HB 642. By Messrs, Kreeger, Burruss, Henderson, Willson and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Municipal Governments offers to amend HB 642 as follows:
By striking quoted Section 8 of Section 1 in its entirety and insert ing in lieu thereof a new quoted Section 8, to read as follows:
"Section 8. Compensation. Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of three thousand nine hundred sixty ($3,960.00) dollars per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The Chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said Chairman or either Commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office."

Mr. Kreeger of the 117th moved that he House agree to the Senate amend ment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 642 was agreed to.

MONDAY, MARCH 17, 1969

2091

HB 748. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee offers to amend House Bill 748, as amended, as follows:
By striking Section 9.17 in its entirety and inserting in lieu thereof a new Section 9.17, to read as follows:
"Section 9.17--Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Cordele to issue the call for an election for the purpose of sub mitting this Act to the voters of Cordele for approval or rejection. The Clerk shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Crisp County. The ballot shall have written or printed thereon the words:
'For approval of the Act providing a new Charter for the City of Cordele.
'Against approval of the Act providing a new Charter for the City of Cordele.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Cordele. It shall be the duty of the city clerk and the election managers of the City of Cordele to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise pro vided herein. It shall be the duty of the city clerk to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Rainey of the 47th moved that the House agree to the Senate amend ment.

2092

JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 748 was agreed to.

HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee offers to amend HB 793 as follows:
By striking from quoted Section 2 of Section 1 the following lan guage (near the top of page 5):
"thence run westerly along the south line of land lot 233 to the west line of land lot 233; thence run northerly along the west line of land lot 233 and land lot 234 to the southerly bank of the Georgia Power Company lake;",
and inserting in lieu thereof the following:
"thence run south 84 degrees, 59 minutes west along the south line of Land Lot 233 a distance of one thousand nine hundred thirty-four (1934) feet more or less to a point; thence run north 11 minutes east a distance of one thousand five hundred seventy and four tenths feet (1570.4) to a point; thence run south 89 degrees 59 minutes west a distance of twenty (20) feet to a point; thence run north 29 degrees 13 minutes west a distance of one hundred ninety four and seven tenths (194.7) feet to a point; thence run north 1 minute west a distance of eight hundred fifty-five (855) feet more or less to a point; thence run north 89 degrees 59 minutes east a distance of one thousand six hundred thirty (1630) feet to the southeasterly bank of the Georgia Power Company Lake;";
And, by striking from quoted Section 2 of Section 1 the following language (at the top of page 6):
"to the north line of land lot 156; thence run east along the north line of land lot 156 to the east line of land lot 156; thence run south along east line of land lot 156 a distance of nine hundred twenty-five (925) feet more or less to a point; thence run west a distance of nine hundred (900.0) feet more or less to a point on a line parallel to and nine hundred (900.0) feet west of the east line of land lot 156; thence run south along said line nine hundred (900.0) feet west of the east line of",

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2093

and inserting in lieu thereof the word "and".

Mr. Odom of the 61st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to TB 793 was agreed to.
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the lllth, Marcus of the 105th and others: A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
The following Senate amendment was read:
The County and Urban Affairs Committee moves to amend HB 154 as follows:
By striking paragraph (5) of Section 1 and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Persons employed on or before April 1, 1969 who have had at least five years continuous service wtih such city shall re ceive prior service credit upon application made in writing to the Board of Trustees on or before October 1, 1969 and said prior service shall be credited to such person immediately upon applica tion and payment of the amount said person would have been re quired to pay had such person been employed by such city during the prior service. Said prior service shall be credited to such per son on the basis of one year and fractional parts of years prior service credit for one year and fractional parts of the years served with such city and credited for pension purposes. Persons employed after April 1, 1969 shall make application in writing to the Board of Trustees for such prior service credit which shall be credited in accordance with the provisions of Section 3 and 4 of this Act."
Mr. Lane of the 101st moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 154 was agreed to.

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HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others:
A Bill to be entitled an Act to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Health and Welfare moves to amend HB 225 by deleting Section 5 in its entirety and renumbering the fol lowing sections accordingly.

Mr. Rainey of the 47th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 225 was disagreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 755. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing compensation for the treasurer of Lincoln County, approved August 19, 1916, (Ga. Laws 1916, p. 461), as amended, so as to change the compensation of said treasurer; to abolish the office of said treasurer at the end of his cur rent term of office; to provide a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act providing compensation for the treasurer of Lincoln County, approved August 19, 1916 (Ga. Laws 1916, p. 461), as

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amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. The treasurer of Lincoln County shall receive the annual sum of $1,200.00, payable in equal monthly installments from funds of Lincoln County, as his sole compensation."

Section 2. Said Act is further amended by adding a new Section to be designated Section 1A, to read as follows:

"Section 1A. Effective December 31, 1972, the office of Treas urer of Lincoln County is abolished. The Board of Commissioners of Lincoln County shall elect from among themselves a fiscal officer whose responsibility it shall be to sign the warrants and other documents heretofore required to be executed by the County Treasurer."

Section 3. Not less than 45 days prior to the General Election of 1970 it shall be the duty of the Ordinary of Lincoln County to issue his call for an election for the purpose of submitting Section 2 of this Act to the qualified voters of Lincoln County for approval or rejection. The Ordinary shall set the date of such election for a day to coincide with the date of the General Election of 1970. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lincoln County. The ballot shall have written or printed thereon the words:

"For approval of Section 2 of an Act, which Section 2 abolishes the Office of Treasurer of Lincoln County effective December 31, 1972, and which authorizes the Board of Commissioners to elect from among themselves a fiscal officer who shall sign the warrants and other documents heretofore required to be executed by the Treasurer."

"Against approval of Section 2 of an Act, which Section 2 abolishes the Office of the Treasurer of Lincoln County effective December 31, 1972, and which authorizes the Board of Commission ers to elect from among themselves a fiscal officer who shall sign the warrants and other documents heretofore required to be exe cuted by the treasurer."

All persons desiring to vote in favor of Section 2 of the Act shall vote for approval, and those persons desiring to vote for rejection of Section 2 of the Act shall vote against approval. If more than one half of the votes cast on such question are for approval of Section 2 of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Lincoln County. It shall be the duty of the ordinary to hold and con duct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the re turns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ross of the 26th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate substitute to HB 755 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th, and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws re lating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation ad missions of patients; and for other purposes.

Mr. Smith of the 3rd moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th.
The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

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HB 607. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act entitled "An Act to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Indus trial Loan Act'; and for other purposes.", so as to conform the rate of taxation therein to the provisions of a resolution approved Feb. 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and for other purposes.

The following amendment was read and adopted:
Mr. Jones of the 84th moves to amend HB 607 by striking Section 1 in its entirety and renumbering Section 2 accordingly.

The report of the Committee, which was favorable to the passage of the Bill,, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 99, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 184. By Messrs. Wood, Williams and Cooper of the llth: A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, as amended, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958, to avail themselves of certain retirement benefits; and for other purposes.
By unanimous consent, further consideration of HB 184 was postponed until tomorrow, March 18, 1969, immediately after the period of unanimous consents.
HR 255-756. By Messrs. Lowrey, Toles and Graves of the 9th: A Resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other purposes.
The following Committee amendment was read and withdrawn by unanimous consent:
State Institutions and Property Committee moves to amend HR 255-756 as follows:

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By striking from said resolution the following:

"WHEREAS, it is the desire of the General Assembly to con vey said land with the restrictions and stipulations that it be used for a Farmer's Market for a period of five (5) years from the date of purchase."

By striking from the end of the first sentence of the last paragraph of said resolution the words following the word "resolution" which read as follows:

"with the further restriction that this property be used as a Farmer's Market for a period of five (5) years from the execution of said conveyance, or said property shall revert to the State of Georgia."

and by inserting a period immediately following said word "resolution."

A RESOLUTION

Authorizing and directing the State Properties Control Commisssion to lease certain State property located in Floyd County, Georgia and for other purposes.

WHEREAS, the State of Georgia holds title to certain State prop erty located in Floyd County, Georgia, which has been declared surplus and transferred to the State Properties Control Commission; and

WHEREAS, said tract or parcel of land is more particularly de scribed as follows:

"All that tract or parcel of land situated, lying and being in the twenty-third Distrct and Third Section of Floyd County, Georgia, and being a part of what has been known as the Yancy and Mobley Tracts and Emma J. McGhee lots, and more particularly de scribed as follows:

BEGINNING at a point on the northerly side of that street des ignated on the map of the City of Rome made and compiled by Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes called the Furnace Road, and being the street along which the old dummy line formerly ran from the Cave Spring Road to the Old Lindale Road, said point being one hundred ninety-five (195) feet south 69D 30M from the point where the northerly side of said described street intersects the eastern boundary of the right of way of the Southern Railway Company, such beginning point being marked by an iron pipe, and from such beginning point running north 20D 30M east eight hundred twenty (820) feet to an iron pipe; thence at a right angle south 69D 30M east sixty-five (65) feet; thence at a right angle south 20D 30M west eight hundred twenty (820) feet to an iron pipe on the northern side of said street; thence at a right angle north 69D 30M west sixty-five (65)

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feet to the beginning point. Said property is a part of that con veyed by the Rome Chamber of Commerce to Coosa Valley Live stock Association by two deeds dated March 25, 1948, recorded in Book 231, Pages 104 and 105, of the deed records of said County.

ALSO

All that tract or parcel of land situated, lying and being in the twenty-third District and Third Section of Floyd County, Georgia, and being part of what has been known as the Yancey and Mobley tracts and Emma J. McGhee lots, and more particularly described as follows:

BEGINNING at the northwesterly corner of the tract this dayconveyed by Coosa Valley Livestock Association, Inc., to Tom Linder, as Commissioner of Agriculture of the State of Georgia, which corner is located two hundred and sixty (260) feet south 69D 30M east from the easterly side of the right of way of the Southern Railway Co., and eight hundred twenty (820) feet north 20D 30M east from the northerly side of that street designated on the map of the city of Rome made and compiled by Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes called the Furnace Road and being the street along which the old dummy line formerly ran from the Cave Springs Road to the Old Lindale Road, and from said beginning point, running south 69D 30M east sixty-five (65) feet to an iron pipe; thence south 20D 30M west one hundred eighty (180) feet to a point on a line with the southeasterly side of what is known as the 'Potato House' on the property of the party of the first part; thence south 69D 30M east, and along the southwesterly side of said 'Potato House' sixty-four (64) feet to the southeast corner of said 'Potato House'; thence south 20D 30M west two hun dred (200) feet; thence north 69D 30M west one hundred twentynine (129) feet to the southeasterly side of said tract this day conveyed to Tom Linder, as Commissioner of Agriculture of the State of Georgia, as aforesaid; thence noth 20D 30M east, along the southerly side of said tract referred to above, three hundred eighty (380) feet to the beginning point. Said property is a part of that conveyed by Rome Chamber of Commerce to Coosa Valley Livestock Association by two deeds dated March 25, 1948, recorded in Book 231, pages 104 and 105 of the deed records of said County. Said property having situated thereon one steel and masonry building 76 x 160 feet and one concrete block building 42 x 60 feet.";

and

WHEREAS, said tract or parcel of land has been used by the State of Georgia and has also been leased for many years for the express purpose of a State Farmers Market; and

WHEREAS, the school systems of Rome and Floyd County, as well as the private educational institutions located in Floyd County, have expressed a desire to use these facilities for the storage of foodstuffs; and

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WHEREAS, a petition signed by a cross section of the citizens of Ployd County have indicated a desire that the Farmers Market continue in operation; and

WHEREAS, the operation of the Market by the State of Georgia is not feasible; and

WHEREAS, it is the desire of the General Assembly to lease said property for a period of 15 years with the restrictions and stipulations that it be used for a Farmers Market.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Control Commis sion, on behalf of the State of Georgia, is hereby authorized and direct ed to lease the tract or parcel of land described in this resolution to Mr. Edwin Mathis for a period of 15 years from May 1, 1969, for a reasonable rental to be determined by the State Properties Control Commission with the restrictions and stipulations that this property be used as a Farmers Market and that the lessee be required to maintain all equipment and facilities in the building and adequate insurance on the building and that the lessee be required to pay all utility bills. The State Properties Control Commission, acting for and on behalf of the State of Georgia, is hereby authorized and directed to execute and de liver such leases and other written instruments as may be necessary to carry out the provisions of this resolution.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, by substitute.

On the adoption of the Resolution, by substitute, the ayes were 104, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 271-825. By Mr. Lambert of the 25th:
A Resolution authorizing the conveyance of certain real property in Greene County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Hesolution, was agreed to.

On the adoption of the Resolution, the ayes were 100, nays 0.

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2101

The Resolution, having received the requisite constitutional majority, was adopted.

SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code; and for other purposes.

The following Committee amendment was read and adopted:
The House Special Judiciary Committee moves to amend SB 11& as follows:
By re-numbering paragraph 26-1705.8 to read as 26-1705.9 and by adding a new section to be known as 26-1705.8 to read as follows:
26-1705.8. Any person who has been issued or entrusted with a credit card for specificaly authorized purposes, provided such authorization is in writing stating a maximum amount of changes that can be made with said credit card, and said person uses the said credit card in a manner and for purposes not authorized in order to obtain or purchase money, goods, services or anything else of value shall be guilty of a misdemeanor and punished as provided in Subsection (a) of Section 26-1705.9.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 854. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act approved Feb. 27, 1962, so as to provide that it shall not be necessary to obtain the signatures of the owners of any public street, road or highway right-of-way to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 590. By Mr. Alexander of he 108th:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, as amended, so as to provide that juveniles subject to the juris diction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.

By unanimous consent, further consideration of HB 590 was postponed until tomorrow, March 18, 1969, immediately after the period of unanimous consents.

HB 907. By Messrs. Blalock, Potts and Ware of the 30th:
A Bill to be entitled an Act to amend Code Chapter 24-8, relating to constables, so as to provide that constables shall not have power of ar rest for offenses arising from violations of traffic laws and for other purposes.

The following substitute, offered by Mr. Blalock of the 30th, was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 24-8, relating to constables, as amended, so as to provide that constables shall not have power of arrest for offenses arising from violations of traffic laws; to provide that certain designations shall not be used by constables; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Chapter 24-8, relating to constables, as amended, is hereby amended by adding at the end thereof a new Code Section to be designated as Code Section 24-822, to read as follows:
Code Section 24-822. Power to arrest. Constables shall not ex ercise any power of arrest without a warrant for offenses arising from violations of traffic laws or laws regulating the use, owner ship, and control of motor vehicles or for offenses committed upon the highways of this State."
Section 2. Said Code Chapter is further amended by adding at the

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end thereof a new Code Section to be designated as Code Section 24-823, to read as follows:

"Code Section 24-823. Designation. Constables shall not hold themselves out to the public as State police or county police tor use the name 'State Police' or 'County Police' on their automobiles or any other property."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. MeWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 32. By Senator Holloway of the 12th:
A Bill to amend Code Section 56-317, relating to the power of the In surance Commissioner to revoke, suspend or refuse to renew the certifi cate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; to repeal con flicting laws; and for other purposes.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to amend Code Title 88 known as the "Georgia Health Code",, so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the

2104

JOURNAL OF THE HOUSE,

voluntary, emergency and evaluation admissions of patients and for other purposes.

The President has appointed on the part of the Senate the following Senators: Rowan of the 8th, Vann of the 10th, and Kidd of the 25th.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 114. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors as amended, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; to repeal conflicting laws; and for other purposes.

Mr. Williams of the llth moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 18, 1969

2105

Representative Hall, Atlanta, Georgia Tuesday, March 18, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and "was called to order by the Speaker.
The following prayer was offered by Rev. Orman Sloat, Pastor, First United Methodist Church, Swainsboro, Georgia:
"We've come to work today, Father. We talk with Thee a moment before we plunge into it. For all the privileges of our democratic form of government, and a place in it, we are truly grateful.
"May the Spirit of Christ erase from our attitudes the selfish, the petty, the resentful, the pessimistic, the negative. In their places let His Spirit give us the unselfish, the larger, the loving, the optimistic, the positive attitude.
"May Thy will be done here. Tho we aren't always aware of Thy greater movements, make us so aware of our immediate responsi bilities that we do the right thing. May Thy program, above, party, time, circumstance, be furthered by the work we do today.
"And it is in the name of Jesus we ask this,
AMEN."
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.

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3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business,. Tuesday, March 18, 1969, and submits the following:

HB 26. Sub-Contractors Liability HB 184. Employees Retirement System, Tax Commissioner PP HB 199. Employees Retirement System, Employ Retired Members HB 248. Chief Radio Operators, License Examiners HB 277. Death Penalty, Abolish HR 139-399. Old Governor's Mansion, Disposal HB 412. Glass Doors, Require Safety Glass--PP HB 414. G.B.I., Transfer to The Department of Law HB 415. G.B.I., Certain Crimes, Submit Information HB 416. G.B.I., Attorney General Employ Necessary Agents HB 499. Ga. Office Building Authority, Security Guards HB 514. Boilers and Pressures Vessels, Installation HB 524. Georgia Meat Inspection Act--PP HB 529. Certain Counties, One Governing Authority HB 540. Criminal Code, Protests and Demonstrations HR 194-557 State Parks, Acquisition of Sites HB 565. Justice of the Peace, Vacancies HB 590. Juveniles, Same Right of Bail as Adults--PP HR 226-630 Henry Grady Hotel Property, Lease HR 234-682 Convey Property, Baldwin County HB 684. Land and Water Conservation Fund HR 258-785 Chattahoochee Judicial Circuit Study Committee HB 804. Alcoholic Beverage, Licenses Reconsidered

TUESDAY, MARCH 18, 1969

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HR 270-825 Fulton County, Convey Property HB 866. Posting of Bond, Court of Competent Jurisdiction HB 917. Municipal Election Code, Revise SR 10. Constitution Revision Commission SB 69. Judges and District Attorney, Retirement System SB 125. Guardian, Spouse Has Preference in Appointment SB 162. Atlanta Rapid Transit Authority, Contract with SB 182. County Bonds, Proceeds Investment SB 184. Trust Funds, Investments by Trustees

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 992. By Messrs. Farmer and Matthhews of the 16th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allow ance for the prisoners confined in the county jail; and for other purposes.
Referred to the Committee on Local Affairs.

HB 993. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levying of a motor fuel tax and certain exemptions therefrom, so as to place a motor fuel tax on certain motor fuel on the same basis such tax is placed on gasoline; and for other purposes.
Referred to the Committee on Ways and Means.

HB 994. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compensa tion and method of fixing the compensation of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 995. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code of Georgia of 1933, relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 996. By Messrs. Farmer and Matthews of the 16th: A Bill to be entitled an Act to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens), soas to provide for a special investigator; to provide for his qualifications; and for other purposes.
Referred to the Committee on Local Affairs.
HB 997. By Mr. Ballard of the 23rd: A Bill to be entitled an Act to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
Referred to the Committee on Local Affairs.

HR 348-997. By Messrs. Maxwell, Miles and Simkins of the 78th, Snow of the 1st, Clarke of the 33rd, DeLong of the 80th, Dent and Connell of the 79th:
A Resolution designating The Augusta Opera Company as the official "Georgia State Opera Company"; and for other purposes.
Referred to the Committee on Industry.

HR 349-997. By Messrs. Geisinger of the 72nd and Cook of the 95th:
A Resolution designating the Southern Regional Opera, Inc., as the official opera company of the State of Georgia; and for other pur poses.
Referred to the Committee on Industry.

HR 350-997. By Messrs. Hutchinson of the 61st and Parker of the 44th:
A Resolution creating the Teacher-Pupil Ratio Study Committee; and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the rules were suspended in order that the following

TUESDAY, MARCH 18, 1969

2109

Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 998. By Messrs. Moate of the 28th, Conger of the 68th, Parker of the 44th, Townsend of the 115th, Mason of the 13th, Lamber of the 25th and Potts of the 30th:
A Bill to be entitled an Act to create a State Racing Commission; and for other purposes.
Referred to the Committee on Temperance.

HB 999. By Mr. Lee of the 61st:
A Bill to be entitled an Act to create the Policy and Evaluation Com mittee for Electronic Data Processing; and for other purposes.
Referred to the Committee on Rules.

HB 1000. By Messrs. Collier of the 54th and Lee of the 61st:
A Bill to be entitled an Act to authorize and direct the Commissioner of Agriculture to require by appropriate rules and regulations that all poultry sold in Georgia which is not Federally inspected be identified and labeled as such by a mark which shall be easily recognizable by any purchaser; and for other purposes.
Referred to the Committee on Agriculture.

HR 352-1004. By Messrs. Gary and Lee of the 21st:
A Resolution authorizing the conveyance of certain real property lo cated in Clayton County, Georgia, to the City of Atlanta; and for other purposes.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 970. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, and creating a new Charter and municipal government and said corporation, so as to change the salaries of the mayor and councilmen thereof; and for other pur poses.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 972. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act authorizing Gwinnett County and the gov erning authorities thereof to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.

HB 973. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purpoess.

HB 974. By Messrs Mason and Nash of the 13thh:
A Bill to be entitled an Act authorizing Gwinnett County and the gov erning authority thereof to appoint a Merit System Board; and for other purposes.
HB 975. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Commissioners of Mitchell County; to provide for a depository; and for other purposes.

HB 976. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
HB 977. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.

HB 978. By Messrs. Poole, Roach and Harris of the 10th:
A Bill to be entitled an Act to create the Pickens County Water and Sewer Authority; and for other purposes.

HB 979. By Messrs. Poole, Roach and Harris of the 10th: A Bill to be entitled an Act to provide for appointment of the Pickens

TUESDAY, MARCH 18, 1969

2111

County School Superintendent by the Board of Education of Pickens County; and for other purposes.

HB 980. By Messrs. Poole, Roach and Harris of the 10th:
A Bill to be entitled an Act to create the Tate Water and Sewer Au thority; and for other purposes.

HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.

HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to authorize an automobile for the use of the commissioner in conducting the official duties of his office; and for other purposes.

HB 983. By Messrs. Harris, Levitas, Farrar and Thomason of the 77th, Jordan of the 74th, Morris and Bell of the 73rd, Davis, Floyd of the 75th, Collins of the 72nd and Dean of the 76th:
A Bill to be entitled an Act to amend the charter of the City of Avondale Estates, so as to modify and expand the limits of said city; and for other purposes.
HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, so as to increase the corporate limits; and for other purposes.

HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.

HB 986. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Grady County, etc.; and for other purposes.

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HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act incorporating and grant ing a charter to the City of Lula, so as to authorize the mayor and council to fix the compensation of officers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes-

HB 988. By Messrs. Lane of the 101st, Brown of the 32nd and Adams of the 100th:
A Bill to be entitled an Act to provide a procedure for reconsideration of House Bill No. 12 which was passed by the House of Representatives, and the Senate at the 1969 session of the General Assembly of Georgia, but has not been signed by the Governor; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 989. By Messrs. Brown of the 110th, Bond of the lllth, Horton of the 95th, Alexander of the 108th, Ezzard of the 102nd, Dean of the 76th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new Charter for the City of Atlanta . . . .", so as to provide that of the two aldermen elected in each ward, one shall be elected by a majority vote within the ward, and the second shall be elected by a majority of the qualified voters within the entire City of Atlanta; and for other purposes.

HB 990. By Messrs. Brown of the 110th, Bond of the lllth, Hood of the 99th, Alexander of the 108th, Daugherty of the 109th, Shepherd of the 107th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta . . .", so as to provide that the two aldermen elected from each ward shall both be elected by a majority vote of the qualified voters within the ward; and for other purposes.

HB 991. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commissioner of Telfair County; and for other purposes.

SB 35. By Senators Johnson of the 38th Ward of the 39th, Hardy of the 56th, and others:
A Bill to be entitled an Act to amend the Act approved March 3, 1939 authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the pay-

TUESDAY, MARCH 18, 1969

2113

merit of pensions to County employees of said county; and for other purposes.

SB 60. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for prior service credit for certain individuals serving in the Armed Forces; and for other purposes.

SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A Resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that the buildings can effectively be used as fallout shelters; and for other purposes.

SB 249. By Senator Stephens of the 36th:
A Bill to be entitled an Act to fix the compensation of the judge of the court of ordinary in certain counties; and for other purposes.

SB 252. By Senator Coggin of the 35th:
A Bill to be entitled an Act to fix the compensation of the judges of the juvenile court in certain counties; and for other purposes.

SB 258. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of White County, known as the fee system; and for other purposes.

SB 267. By Senator McGill of the 24th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Wilkes County; and for other purposes.

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations, sub mitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

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HB 77. Do Pass by Substitute.

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 953. Do Pass. HB 954. Do Pass.

Respectfully submitted, Barber of the 15th, Chairman.

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene and Sanita tion, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 316-951. Do Pass.

HE 290. Do Pass.

HR 273-825. Do Pass.

SB

91. Do Pass.

SB 179. Do Pass.

Respectfully submitted, Smith of the 3rd, Chairman.

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2115

Mr. Pickard of the 84th, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 610. Do Pass. HB 653. Do Pass. HB 768. Do Pass. HB 573. Do Pass by Substitute. HB 905. Do Pass. HB 736. Do Pass. HR 333. Do Pass. HR 282. Do Pass. SB 120. Do Pass. SB 201. Do Pass. SR 67. Do Pass.
Respectfully submitted, Pickard of the 84th, Chairman.

Mr. Conner of the 56th, Chairman of the Committee on Insurance, sub mitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 245. Do Pass. HB 841. Do Pass.
Respectfully submitted, Conner of the 56th, Chairman.

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Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following: Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 875. Do Pass. HB 916. Do Pass. HB 918. Do Pass. HB 919. Do Pass. HB 948. Do Pass. HB 951. Do Pass. HB 955. Do Pass. HB 957. Do Pass. HB 958. Do Pass. HB 960. Do Pass. HB 961. Do Pass. HB 962. Do Pass. HB 963. Do Pass. HB 965. Do Pass. HB 966. Do Pass. HB 967. Do Pass. HB 968. Do Pass. HB 969. Do Pass. SB 176. Do Pass. SB 239. Do Pass. SB 240. Do Pass. SB 241. Do Pass. HB 950. Do Pass by Substitute. SB 79. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

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2117

Mr. Dorminy of 48th, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 971. Do Pass.
Respectfully submitted, Dorminy of the 48th, Chairman.

Mr. McCIatchey of the 113th, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 346. Do Pass. HR 331. Do Pass. HB 944. Do Pass.
Respectfully submitted, McCIatchey of the 113th, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under con sideration the following Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations:
HB 330. Do Pass by Substitute. HR 289. Do Pass.

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HE 310-905. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 54. Do Pass.
Respectfully submitted, McCracken of the 36th, Chairman.

Mr. Harrington of the 34th, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 904. Do Pass. SR 96. Do Pass.
Respectfully submitted, Harrington of the 34th, Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

TUESDAY, MARCH 18, 1969

2119

HB 950. By Messrs. Snow, Crowe and Hale of the 1st and Peters of the 2nd:
A Bill to be entitled an Act to provide a salary for the court reporter of the Lookout Mountain Judicial Circuit, which salary shall be in addition to the fees he is entitled to receive by law; to repeal conflict ing laws; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide a salary for the official court re porter of the Lookout Mountain Judicial Circuit for attendance upon the said superior courts and for the taking down of criminal cases; to provide for the manner of payment therefor; to provide definite and uniform compensation to be paid to such court reporter for the prepara tion of criminal and civil transcripts in said superior courts; to provide for the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The court reporter of the Lookout Mountain Judicial Circuit shall be paid an annual salary of $7500.00, which shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of the counties embracing said judicial circuit in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Walker County shall pay $3570.00 per annum, Dade County shall pay $716.00 per annum, Chattooga Coun ty shall pay $1072.00 per annum, and Catoosa County shall pay $2142.00 per annum. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the counties comprising said judicial circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal cases as are required by law to be re corded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit.
(a) That the official court reporter of the superior courts of said circuit shall be paid the following compensation for preparation of criminal trial transcripts in the superior courts, and in the Civil and Criminal Courts (City Courts) of said circuit; said compensation shall be paid by the authority having charge of the fiscal affairs of the respective counties upon the order of the presiding judges of said courts: For each legal page 8%" x 14" and having thereon at least 23 lines, the sum of sixty (60^) cents per page for each transcript copy required by law under Code Section 6-805 (Ga. Laws 1965, p. 18, as amended, and subsequent amendments); and the further sum of thirty (30(0 cents per page for such additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any State or County officer, the copy shall be fur-

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nished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense.
(b) That the official court reporter of the superior courts of said circuit shall be paid the following compensation for preparation of civil trial transcripts in the superior courts, and in the City Courts (Civil and Criminal Courts) of the counties within said circuit: The rate to be paid to court reporters by parties litigant for civil cases shall not exceed 20$ per 100 words for take-down, and $1.10 per legal page (8%" x 14"), and having at least 23 lines, for the transcript of the proceedings and evidence as required by an appellant. Any addi tional copy or copies of the appellant's transcript which may be ordered by an appellee, or any other person, shall not exceed the rate of 30<? per page of such transcript.
(c) That in all transcripts covered by this Act, an exhibit page shall be compensated at the same rate as the transcript pages, or the actual costs of reproducing each exhibit, whichever is the greater, re gardless of the number of lines involved, provided the cost of repro ducing an exhibit, whether by carbon, photostatic, or photographic re production, shall be borne by the court reporter.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 875. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to create a new board of education of Butts County; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

TUESDAY, MARCH 18, 1969

2121

The Bill, having received the requisite constitutional majority, was passed.

HB 916. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Emerson, in Bartow County, approved November 11, 1889, as amended, so as to change the corporate limits of the City of Emerson; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 918. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 919. By Mr. Moate of the 28th:
A Bill to be entitled an Act to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the United States Decennial Census of 1960 or any future such census; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 948. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, approved March 25, 1958, as amend ed, so as to change the compensation of the tax commissioner of Henry County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Haralson, approved August 22, 1907, as amended, so as to extend the corporate limits of said town; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 955. By Messrs. Kreeger, Housley, Atherton, Burruss, McDaniell, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, as amended, so as to provide for annexation of ter ritory to the City of Powder Springs; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 18, 1969

2123

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 957. By Messrs. Levitas, Thomason, Farrar and Harris of the 77th, Morris of the 73rd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 958. By Mr. Barber of the 15th: A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, as amended, so as to provide for annexation of areas to wards of the city and to thereby change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 960. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to provide that the members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred when on county business; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 961. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Jeff Davis County, approved March 25, 1958, so as to change the compensation of the chairman and commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 962. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, approved December 22, 1953, as amended, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 963. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902, as amended, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 18, 1969

2125

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 965. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943, as amended, so as to ex tend the corporate limits of said city; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 966. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Calhoun, approved April 9, 19633, so as to redefine the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 967. By Messrs. Peterson and Nunn of the 41st: A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943, as amended, so as to pro vide the procedures whereby the compensation of the mayor and councilmen may be changed by the mayor and council; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 969. By Messrs. Evans, Keen, Scarborough and Knapp of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, approved August 3, 1927, as amended, so as to extend the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 79. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the compensation of the Sheriff of certain counties, etc.", so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 176. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, as amended, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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2127

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 239. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county so as to change the compensation for the commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 240. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, as amended, so as to change the compensation of the deputy sheriffs; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 241. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, as amended, so as to change the corporate limits, of said Town; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 968. By Messrs. Farmer and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Clarke County School district and providing for a board of education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.

The following substitute, offered by Messrs. Farmer and Matthews of the 16th, was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to provide for a new Clarke County Board of Education; to provide for board posts; to provide for the election of the members of said board by the voters of Clarke County; to provide for nonpartisan elections; to provide for qualifications; to provide for filling vacancies; to pro vide for removal from office; to provide for certain duties; to provide for a quorum; to provide for compensation; to provide for open meet ings of the board; to provide for the election of a president of the board; to provide a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, is hereby amended by strik ing Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:
"Section 5. (a) The administration of said school district shall be vested in a board to be known as the 'Clarke County Board of Education', hereinafter referred to as the 'board of education' or the 'board'. The board shall be composed of eleven members, in cluding the officers, to be elected as hereinafter provided. All of the members of the board shall be elected by a majority of the registered and qualified voters of the entire county voting in such election.

TUESDAY, MARCH 18, 1969

2129'

(b) For the purpose of electing the members of the board,, there shall be eleven board posts, the same numbered 1 through 11 inclusive, as follows:

Board Post 1 shall be occupied by a resident of the First Ward of the City of Athens, as such ward exists on January 1, 1969.

Board Post 2 shall be occupied by a resident of the Second1 Ward of the City of Athens, as such ward exists on January 1, 1969.

Board Post 3 shall be occupied by a resident of the Third Ward of the City of Athens, as such ward exists on January 1, 1969.

Board Post 4 shall be occupied by a resident of the Fourth Ward of the City of Athens, as such ward exists on January 1, 1969.

Board Post 5 shall be occupied by a resident of the Fifth Ward of the City of Athens, as such ward exists on January 1, 1969.

Board Posts 6 through 9 shall be occupied by residents of Clarke County who reside anywhere in the county.

Board Post 10 shall be occupied by a resident of Clarke County who resides outside of the incorporated area in the county and resides in Georgia Militia District 1899, 219 or 1467.

Board Post 11 shall be occupied by a resident of Clarke County who resides outside of the incorporated area in the county and resides in Georgia Militia District 1347, 216, 219, 220, or 218.
(c) For the purpose of electing the members of the board provided for herein, there shall be an election held on Tuesday after the first Monday in November of 1969. The members elected to Board Posts 2, 4, 6, 8 and 10 shall take office on the first day of January following their election and shall serve through Decem ber 31, 1970 and until their successors are duly elected and quali fied. The members elected to Board Posts 1, 3, 5, 7, 9 and 11 shall take office on the first day of January following their election and shall serve through December 31, 1972 and until their succes sors are duly elected and qualified. Thereafter, their successors shall be elected at the general election immediatly preceding the expiration of their respective terms of office for terms of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. All such elections shall be held and conducted in accord-

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ance with the provisions of law governing the election of county officers, except as provided herein.

(d) The election for members to the board shall be nonpartisan. Any person who is 21 years of age, a resident of Clarke Coun ty for one year immediately preceding the date for the election, of good moral character and meet the residential requirements as provided in subsection (b) may qualify to offer for election to the membership of the board. The governing authority of Clarke County, at least 90 days prior to the election of members of the board shall fix and publish a reasonable qualification fee of not more than one hundred ($100.00) dollars, to be paid by candidates seeking election to the board. Such fee shall be paid to the Ordi nary of Clarke County at the time a candidate files his notice of candidacy and the fee shall be promptly transmitted to the govern ing authority of the county for application toward payment of costs of holding the election. Notice of candidacy must be filed at least 30 days prior to the election.

(e) In the event a vacancy occurs on Board Posts 1 through 7 for any reason other than the expiration of a term of office, the vacancy shall be filled by appointment of the mayor of the City of Athens with the concurrence of the city council. The member so appointed shall serve on the board through December 31 fol lowing the first general election after his appointment. At such general election a member shall be elected to occupy such board post and to serve out the unexpired term or to serve for a new four-year term as the case may be. In the event a vacancy occurs on Board Posts 8 through 11 for any reason other than the ex piration of a term of office, the vacancy shall be filled by appoint ment of the governing authority of Clarke County. The member so appointed shall serve on the board through December 31 follow ing the first general election after his appointment. At such general election a member shall be elected to occupy such board post and to serve out the unexpired term or to serve for a new four-year term as the case may be. In the event a member moves his residence so that he is no longer residing in the area required by subsec tion (b) for the board post which he is occupying, a vacancy shall exist for such board post and shall be filled as provided herein.

(f) Each member of the board, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the superior court of said county or by the clerk of the same.
(g) Absence by a member of said board from four consecu tive meetings shall be held to be a resignation from the board, but such absences may be excused by resolution adopted by a ma jority of the board. Any member may be removed from the board for malfeasance in office or for cause by vote of two-thirds of the members of the board after a statement of charges in writing is presented to such board member and an opportunity to be heard before the board is afforded such accused member. In addition to the above method for removal, any member of the board may be

TUESDAY, MARCH 18, 1969

2131

removed from office by the manner provided in Code Section 32-905.

(h) It shall be the duty of each member of the board to see that the policies determined by the board are carried out and executed by the schools which are under the control of said board. In carrying out the duties provided under this Section, the mem bers of the board are directed to make periodic inspections of the schools under the said board's control, including going onto the premises of each school and inspecting the buildings, facilities, equipment and the actual instruction of the students.

(i) Seven members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall be compensated in the amount of one hundred twenty-five ($125.00) dollars per month, payable monthly. In addition to the above compensation, the members of the board shall be reimbursed for actual expenses incurred while on the business of the board outside of Clarke County."

Section 2. Said Act is further amended by adding between Sections 5 and 6 a new Section to be designated as Section 5A, to read as follows:

"Section 5A. (a) It shall be the duty of the board to hold a regular meeting each month and such special meetings as may be called as provided in subsection (e). Such meeting dates shall be annually determined by the board and the date for the meetings shall be published in the official organ of Clarke County once a week for two consecutive weeks following the setting of such dates.

(b) The purpose of the meeting provided in subsection (a) shall be for the transaction of the business pertaining to the pub lic schools under said board's control. No business of the board shall be transacted other than at such meetings. All such meetings shall be open to the public and the press, and a period shall be set aside to allow any citizen of the county to speak on matters rele vant to the operation of the Clarke County school system. Provided, however, the board may go into executive session for the purpose of discussing personnel, but no vote shall be taken while in execu tive session.

(c) In addition to the meetings provided in subsection (a), the board shall hold at least two public hearings a year. The public hearings shall be held at 7:00 o'clock p.m., on the day determined as hereinafter provided, at least 150 days apart. At the first meet ing of each year, the board shall set the date and place for the public hearings. The date and place for each public hearing shall be advertised in the official organ of Clarke County once a week for two consecutive weeks prior to the hearing.

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JOURNAL OF THE HOUSE,

(d) Each person present at the public hearings shall be given an opportunity to speak personally for such person or group of persons may be represented by a spokesman. The board may set a reasonable time limitation on such speeches; Provided, however, each person or group must be given an opportunity to be heard. In the event there is not enough time available to hear such speeches, in one particular meeting, the board shall meet the fol lowing night at 7:00 o'clock p.m. for the sole purpose of allowing such persons who did not have the opportunity to speak the previous night, the right to speak. The primary purpose of the first public hearing in each year is to allow the citizens of Clarke County to be informed as to fiscal matters relating to the opera tion of the school system. The purpose of the second public hear ing in each year is to allow the citizens of Clarke County to be informed as to any other matters relating to the operation of the
school system.

(e) The president or superintendent may call special meetings upon twenty-four hours' written notice to its members or shall call a special meeting upon written request of two-thirds of the board members.

(f) No meetings of the board shall be held with the intention of transacting the business of the board which are not open to the public and to the press. Any action taken by the board in such closed or private meetings shall be null and void. Any member of the board who violates the provisions of this subsection shall be subject to removal from office as provided in subsection (g) of
Section 5.

(g) Any member of the board who does not attend a meet ing as provided in this Section, forfeits a month's compensation unless his failure to attend was for justifiable cause. Such finding of justifiable cause must be determined unanimously by the other members of the board."

Section 3. Said Act is further amended by striking the first para graph in Section 6 in its entirety and inserting in lieu thereof a new paragraph, to read as follows:

"At the first meeting of the board in each year, said board shall elect officers from its membership as hereinafter provided and shall set a date for the annual meeting of said bpard, at which annual meeting officers shall be elected from the membership to serve until the election of officers at the next annual meeting. All such officers shall be eligible to succeed themselves, except the president. The president shall be ineligible to hold the office as president for one year after holding said office."

Section 4. The Clarke County Board of Education existing on the effective date of this Act shall continue in existence through Decem ber 31, 1969, but the terms of such members shall expire at that time and such board shall stand abolished. The board created herein shall be

TUESDAY, MARCH 18, 1969

2133

the successor to all the rights, powers, duties and obligations of such abolished board, which are not inconsistent with the provisions of this
Act.

Section 5. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the Ordinary of Clarke County to issue the call for an election for the purpose of submitting this Act to the voters of Clarke County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Clarke County. The ballot shall have written or printed thereon the words:

"For approval of the Act providing for a new Clarke County Board of Education, for board posts, for the election of the mem bers of said board by the voters of Clarke County, for nonpartisan elections, for qualifications, filling vacancies, removal from office and for certain duties for the members of the board, for a quorum, for compensation, for open meetings of the board, for the election of a president of the board; and for other purposes.

"Against approval of the Act providing for a new Clarke County Board of Education, for board posts, for the election of the members of said board by the voters of Clarke County, for nonpartisan elections, for qualifications, filling vacancies, removal from office and for certain duties for the members of the board, for a quorum, for compensation, for open meetings of the board, for the election of a president of the board; and for other pur poses."

All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The ex pense of such election shall be borne by Clarke County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

HR 181-470. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Key ton of the 70th:
A Resolution expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and tele vision; and for other purposes.

The Senate has adopted the following Resolution of the Senate, to-wit:

SR 121. By Senators Maelntyre of the 40th and Garrard of the 37th:
A Resolution designating the North Fulton Special Choir as the Offi cial Choir of the State of Georgia during its special world tour during the Summer of 1969; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional ma jority the following Bills of the House, to-wit:
HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A Bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus system in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, and Lane of the 101st:
A Bill to be entitled an Act to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.

TUESDAY, MARCH 18, 1969

2135

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 62. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to amend an Act known as the "Trial Judges and Solicitors Re tirement Fund Act", approved March 11, 1968, so as to exclude from said Act certain Solicitors of city courts of this State; and for other purposes.

SB 93. By Senator Chapman of the 32nd:
A Bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative find ings; and for other purposes.

SB 189. By Senators Walling of the 42nd, Plunkett of the 30th, and Bateman of the 27th:
A Bill to amend an Act relating to the negotiation of contracts by the State Highway Director and the State Highway Dept., approved Feb. 9, 1949, to provide for the negotiation of contracts by the State High way Dept., with incorporated municipalities; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:

HR 248-698. By Mr. Murphy of the 19th: A Resolution compensating Roger Crew; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 248-698 by changing the figure $2,500.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $100.00, so that the total amount approved shall be the sum of $196.16.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 158, nays 0.

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JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

By unanimous consent, HR 248-698, as amended, was ordered immediately transmitted to the Senate.

HR 52-125. By Mr. DeLong of the 80th:
A Resolution compensating Bill Jones Dodge City, Inc.; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 42-125 was ordered immediately transmitted to the Senate.

HR 61-136. By Mr. Bray of the 31st:
A Resolution compensating Mr. Richard Floyd Perry; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 61-136 was ordered immediately transmitted to the Senate.

TUESDAY, MARCH 18, 1969

2137

HE 116-283. By Mr. Gunter of the 6th: A Resolution compensating Mr. Tom Trotter; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 116-283 was ordered immediately transmitted to the Senate.

HR 124-329. By Mr. Colwell of the 5th: A Resolution compensatingg Doris E. McGuire; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 124-329 was ordered immediately transmitted to the Senate.

HR 247-693. By Mr. Paris of the 14th: A Resolution compensating Mr. Paul Williams; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 158, nays 0.

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JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 247-693 was ordered immediately transmitted to the Senate.

HR 260-796. By Mr. Shanahan of the 8th: A Resolution compensating Mrs. Doris Cagle; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 260-796 was ordered immediately transmitted to the Senate.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A Bill to be entitled an Act to amend an Act relating to the intro duction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to re quire a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.

The following Senate amendment was read:
The Committee on Retirement moves to amend HB 652 by deleting the last sentence of Section 1, which reads as follows:
"No such bill shall be reported out of the committee until at least two days after the receipt of the fiscal notes by the chair man."

TUESDAY, MARCH 18, 1969

2139

and
by deleting the last eleven words of Section 2 thereof which read as follows:

"upon in such house upon the request of any member thereof."

Mr. Bell of the 73rd moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Bell Bennett Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee .Carries Gates Cato Chandler Cole Collier Collins, S. Colwell Conger . Connell Conner Cook Cooper Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Ellis Felton Floyd, J. H. Floyd, L. K. Funk Geisinger Graves Gunter Harrington Harris, J. F, Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G.

Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lee, W. S. Leonard Lewis Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nessmith Nunn Odom Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Roach

2140
Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd

JOURNAL OF THE HOUSE,

Sherman Sims Smith, V. T. Snow Sorrells
Sweat Thompson, A. W. Thompson, R. Toles

Wamble Ware Westlake Whaley Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Battle Blalock Buck Caldwell
Clarke Collins, M.
Dean, J. E. DeLong Dodson Egan Evans Ezzard Fallin Farmer Farrar
Gary Gaynor Gignilliat
Grahl

Hadaway Hale
Hamilton Hargrett Harris, R. W. Hill, B. L. Holder Howell Jones, Herb Keen Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Levitas Longino
Mason Matthews, D. R.
McDaniell

Miller Nash Northcutt Pafford Parker, C. A. Phillips, W. R. Pickard Poole Rainey Reaves Simkins Simmons
Smith, J. R. Thomason Townsend Vaughn
Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the motion to agree, the ayes were 138, nays 0.

The motion prevailed, and the Senate amendment to HB 652 was agreed to.

HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th and others:
A Bill to be entitled an Act to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.

The following Senate amendment was read:
The Temperance Committee moves to amend House Bill 61 as fol lows:
By inserting immediately before the phrase:

TUESDAY, MARCH 18, 1969

2141

"to repeal conflicting laws"

the following:

"to provide an effective date;".

By inserting immediately after the word "distribute", wherever it shall appear in Section 2, the following:

", display for sale".

By inserting between the words "Act" and "accept", as they appear in subsection (b) of Section 4 the following:

"for violations of Sections 2 and 3".

By renumbering Section 10 as Section 11.

And, by inserting following Section 9 a new Section 10 to read as follows:

"Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

Mr. Levitas of the 77th moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bell
Bennett
Berry Black Blalock Bohannon. Bond Bostick Bowen Bray Brown, B. D. Brown, C. Busbee Carnes Cates Cato

Chandler Clarke Cole Collier Collins, M. Collins, S. Conger
Connell Conner Cook Cooper
Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas

Edwards Ellis Parrar Felton Floyd, J. H. Floyd, L. R.
Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. P. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, G.

2142
Hood Horton Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mauldin Maxwell McClatchey McCracken McDaniell

JOURNAL OF THE HOUSE,

Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rowland Rush Russell

Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilkerson Winkles Wood

Those not voting were Messrs.:

Atherton Brantley, H. H. Brantley, H. L. Brooks Buck
Burruss
Caldwell
Colwell Dean, J. E.
Dodson
Egan Evans
Ezzard Fallin

Farmer Funk Gaynor Hale Hamilton
Hargrett
Harris, R. W. Hill, B. L.
Holder Housley
Howell
Keen
Knapp Kreeger

Mason Matthews, C. Matthews, D. R. Miller Nash
Nessmith
Northcutt Pickard
Poole
Ross Smith, J. R.
Town send
Wilson Mr. Speaker

On the motion to agree, the ayes were 153, nays 0.

The motion prevailed, and the Senate amendment to HB 61 was agreed to.

TUESDAY, MARCH 18, 1969

2143

HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th and others:
A bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.

The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 156 by striking Section 1 in its entirety and substituting in lieu thereof the following:
An Act providing for compulsory school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended by an Act approved Febru ary 26, 1957 (Ga. Laws 1957, p. 168), and an Act approved March 21, 1958 (Ga. Laws 1958, p. 231), is hereby amended by striking Sec tion I in its entirety and substituting in lieu thereof the following:
"Section 1. Every parent, guardian, or other person residing with in the State of Georgia having control or charge of any child or chil dren between their seventh and sixteenth birthdays, shall enroll and send such child or children to a public or private school, and such child shall be responsible for enrolling and attending a public or private school under such penalty for non-compliance herewith as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian or other person alone shall be responsible."

Mr. Horton of the 95th moved that the House agree to the Senate Amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. L. Bray

Brooks Brown, B. D. Buck Burruss Busbee Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Cook

Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Douglas Edwards Ellis Farrar Felton

2144
Floyd, J. H. Floyd, L. R. Gary Geisinger Gignilliat Grahl Graves Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, G. Hood Horton Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mauldin Maxwell McClatchey McCracken McDaniell Merritt Milford Moate Morris Mullinax Murphy Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Rainey

Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs. :

Ballard Bostick Bo wen Brantley, H. H. Brown, C. Caldwell Games Collier Collins, M. Dean, J. E. Dodson Dorminy Egan Evans Ezzard Fallin Farmer

Funk Gaynor Gunter Hale Hamilton Hargrett Harris, R. W. Henderson Hill, B. L. Holder Housley Howell Keen Knapp Mason Matthews, C. Matthews, D. R.

Melton Miles Miller Moore Nash Nessmith Northcutt Peterson Pickard Poole Potts Simkins Smith, J. R. Townsend Whaley Winkles Mr. Speaker

On the motion to agree, the ayes were 144, nays 0.

TUESDAY, MARCH 18, 1969

2145

The motion prevailed, and the Senate amendment to HB 156 was agreed to.

The following message was received from the Senate through Mr. MeWhorter the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 115. Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A Bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimin al Code, approved April 10, 1968; and for other purposes.

The Senate has adopted the report of the Committee on Conference on the following Bill of the House, to-wit:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others:
A Bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 270-825. By Mr. Brantley of the 114th:
A Resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger
Connell
Cook
Cooper
Crowe
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dixon
Dodson
Dorminy
Douglas
Ellis
Evans
Parrar
Felton

Floyd, J. H. Floyd, L. R. Gary Gignilliat Grahl Graves Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert
Lane, Dick
Lane, W. J.
Lee, W. J. (Bill)
Lee, W. S.
Leonard, G. H.
Levitas
Lewis
Longino
Lowrey
Marcus
Matthews, C.
Mauldin
Maxwell
McCracken
Melton
Merritt
Miles
Milford

Miller Moate Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims
Smith, V. T.
Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wilkerson
Williams
Wilson
Winkles
Wood

TUESDAY, MARCH 18, 1969

2147

Voting in the negative was Mr. Dickinson.

Those not voting were Messrs.:

Atherton Black Bray Burruss Caldwell
Conner Dean, J. E. DeLong Edwards Egan Ezzard Fallin Farmer
Funk

Gaynor Geisinger Gunter Hadaway Hale
Hamilton Hargrett Harris, R. W. Holder Housley Mason Matthews, D. R. McClatchey
McDaniell

Moore Nash Patterson Pickard Pinkston
Poole Reaves Simkins Smith, J. R. Townsend Vaughn Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 1.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 248. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license examiners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Bell

Bennett Berry Black Blalock Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Busbee

2148
Games Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Ellis Parrar Felton Floyd, J. H. Floyd, L. R. Gary Geisinger Graves Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham

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Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Les, W. S. Leonard Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith

Northcutt Nunn
Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those not voting were Messrs.:

Battle Brown, C. Caldwell Gates Collins, M. Dean, J. E. Dodson Egan Evans Ezzard

Fallin Farmer Funk Gaynor Gignilliat Grahl Gunter Hale Hamilton Hargrett

Harris, R. W. Hill, B. L. Keen Knapp Lambert Levitas Matthews, C. Matthews, D. R. McCracken Melton

Miller
Pafford Phillips, G. S. Pickard Pinkston

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2149

Poole
Rainey Reaves Simkins Smith, V. T.

Townsend
Vaughn Whaley Wilson Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 248 was ordered immediately transmitted to the Senate.

Mr. Battle of the 90th stated that he had been called from the floor of the House when the roll was called on HB 248, but had he been present would have voted "aye".

Mr. Phillips of the 38th stated that he had inadvertantly voted "aye", but meant to vote "nay" on HB 248.

HB 917. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Title 34A of the Code of Georgia, so as to change the method of computing time in certain instances; to provide for joint primaries or partially separate primaries; to provide for the appointment of additional clerks; to require the registration of municipal executive committees with the city clerk and State party or body executive committee at least sixty days before any primary or election; to provide that a municipality's charter or ordinance may re quire a nominating petition; to provide for substituting nominations upon disqualification of a nominee; to provide for the reopening of qualifications in non-partisan elections in certain cases; to provide for the reopening of qualifications upon the death or disqualification of a candidate prior to the primary; to provide that ballots being used in primaries may be of different colors; to provide that sample ballots may be printed and distributed under certain conditions; to require one

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voting machine for each five electors; to require one vote recorder for each two electors; to provide for form of ballot cards for vote recorders; to provide in primaries that parties decide whether to use the same ballot box or separate ballot boxes; to provide for one electors list for each election district; to provide for the delivery of electors lists; to provide that only required poll officers meet thirty minutes prior to the opening of polls; to provide that the chief manager or managers in primaries appoint a person in charge of electors list; to provide that candidates in special elections not nominated in primaries shall not be listed by party affiliation; to provide how an elector may vote by paper ballot or vote recorders in certain instances; to delete the requirement that the ballot number be placed on electors list; to provide for the dis position of ballots found in another party's ballot box; to provide for the retaining of numbered strips; to provide a method of counting write-in votes on vote recorders; to provide for the duplication or counting of defective ballots cast on vote recorders; to provide that any one per forming official acts in connection with primaries or elections may cast absentee ballots; to provide that absentee ballot applications must be mailed or delivered in person to absentee ballot clerk; to provide that a county nurse may issue a certificate of physical disability for absen tee ballot applications; to provide for the form of absentee ballots in vote recorder districts; to provide that the absentee ballot clerk shall mail or deliver ballots within the confines of his office or to patient in the hospital; to provide for additional persons to witness absentee bal lots; to provide that the ineligibility of elector to vote by absentee ballot shall be grounds for challenge; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Title 34A of the Code of Georgia of 1933, as amended, relating to municipal elections, is hereby amended by striking the words "Section 34B-201(c)" from subsection (ad) of Code Section 34A-103, relating to definitions, and substituting in lieu thereof the words "Sec tion 34A-201(c)", so that when so amended subsection (ad) of Code Section 34A-103 shall read as follows:

"(ad) The word 'superintendent' shall mean (i) the municipal executive committee of the political party holding the primary with in a municipality (or its agent), or if none, the county executive committee of the political party (or its agent), in the case of a pri mary, (ii) the person appointed by the proper municipal executive committee in the case of a non-partisan primary, and (iii) the per son appointed by the governing authority pursuant to Authority granted in Section 34A-201 (c) of this Act in the case of a munici pal election;"
Section 2. Said Title is further amended by striking in its entirety Code Section 34A-105, relating to the computation of time in certain cases, and substituting in lieu thereof a new Code Section 34A-105 to read as follows:
"Section 34A-105.--Computation of time in certain cases.-- When the last day for the exercise of any privilege or the discharge

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of any duty prescribed by this Code shall fall on a Saturday, Sunday or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of suck duty."

Section 3. Said Title is further amended by striking in its entirety Code Section 34A-401, relating to managers of election districts, and substituting in lieu thereof a new Code Section 34A-401 to read as follows:

"Section 34A-401. Managers.-- (a) All elections shall be con ducted in each election district by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers, assisted by clerks as hereinafter provided. The managers of each election district shall be appointed by the governing au thority.

(b) Primaries may, depending upon the decision of the parties involved, be conducted either jointly with one set of managers, which shall consist of a chief manager and two assistant managers, or partially separately with a chief manager and two assistant managers appointed by each party for each election district. Where a primary is conducted jointly by two or more parties, the managers and clerks shall be agreed upon and appointed jointly by the parties involved. When parties elect to use separate election officials, each party superintendent shall appoint the managers for each election district."

Section 4. Said Title is further amended by adding at the end of Code Section 34A-402, relating to the appointment of clerks, the follow ing sentence:

'If additional clerks are required during the day for the pur pose of counting ballots, or for other purposes, the superintendent may appoint same.',

so that when so amended Code Section 34A-402 shall read as follows:

"Section 34A-402. Clerks.--Prior to the opening of the polls in each district at each election, the governing authority shall ap point a sufficient number of clerks to serve therein at such elec tion. In a primary, the superintendent shall appoint such clerks. If additional clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may ap point same."

Section 5. Said Title is further amended by striking in its entirety Code Section 34A-801, relating to registration of municipal executive committees, and substituting in lieu thereof a new section to read as follows :

"Section 34A-801. Registration of municipal executive com mittees with the city clerk and state party or body executive com-

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mittee.-- (a) The chief executive officer of each municipal executive committee whose state executive committee has already filed with the Secretary of State as a political party or body, shall promptly file with the city clerk of the municipality and with its state po litical party or body executive committee a registration statement setting forth:

(i) Its name and certified copies of its charter, by-laws, rules and regulations, and other documents of like dignity governing its organization and operation;

(ii) The address of its principal office;

(iii) The names of its members, home address and titles of the persons composing its governing committee and executive officers.

(b) Within thirty (30) days after the occurrence of a change in the information contained in any registration statement, or prior amendment thereto, the chief executive officer of the party or body filing such statement shall file an amendment thereto setting forth the information necessary to maintain the currency of such state ment.

(c) A political party or body failing to file a registration state ment as required by subsection (a) above at least sixty days before any primary or election at which it shall seek to have candidates on the ballot shall not have its name or the names of its candidates placed on any nomination petition, ballot or ballot label."

Section 6. Said Title is further amended by striking in its entirety subsection (d) of Code Section 34A-901, relating to filing notice of candidacy, and substituting in lieu thereof a new subsection (d) to read as follows:

"(d) Candidates not having been nominated in a party primary may also be required to accompany notice of candidacy with a nominating petition if the municipality's charter or ordinance now or as may be amended in the future so requires."

Section 7. Said Title is further amended by inserting in subsection (a) of Code Section 34A-903, relating to substituted nominations, be tween the words "death" and "or" the following:

", disqualification",

so that when so amended subsection (a) of Code Section 34A-903 shall read as follows:

"(a) Any vacancy happening in any party nomination (filled by primary) for a municipal office by reason of the death, dis qualification, or withdrawal of any candidate after nomination may be filled by a substituted nomination made by the municipal or other

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2153

appropriate party executive committee unless the municipal char ter or ordinance shall provide for the holding of another primary for the purpose of filling such vacancy."

Section 8. Said Title is further amended by inserting in subsection (b) of Code Section 34A-903, relating to substituted nominations, be tween the words "death" and "or" the following:

", disqualification",

so that when so amended subsection (b) of Code Section 34A-903 shall read as follows:

"(b) Any vacancy happening in any party nomination (filled by means other than a primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket."

Section 9. Said Title is further amended by adding following Sec tion 34A-903, relating to substituted nominations, a new Section 34A903.1 which shall read as follows:

"Section 34A-903.1. Reopening of qualifications in non-partisan elections in certain cases.--In the event of the death or disquali fication of a candidate prior to the date of a non-partisan election, the governing authority may reopen qualification for the office sought by the deceased or disqualified candidate for a period of not less than one nor more than three days."

Section 10. Said Title is further amended by adding at the end of Code Section 34A-906, relating to the qualification of candidates, the following:

"(c) In the event of the death or disqualification of a candi date prior to the date of a primary, the municipal executive com mittee or other committee of the party authorized by party rule,
may reopen qualification for the office sought by the deceased or disqualified candidate for a period of not less than one nor more than three days."

Section 11. Said Title is further amended by adding at the end of the third sentence of Code Section 34A-1006, relating to the form of the ballot, the following:

", except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree".

so that when so amended said Code Section shall read as follows:

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"Section 34A-1006. Form of ballots; stubs; numbers.--All ballots for use in the same election district at any primary or elec tion shall be alike and shall contain only the names of the candi dates and issues to be voted on in such district. They shall be at least six inches long and four inches wide, and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as 'brevier' or 'eight point body') upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same election district shall
be bound together in books of fifty (50) or one hundred (100), in such manner that each ballot may be detached from its stub and removed 'separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered, and in the case of primary ballots, the number shall be preceded by an initial or abbreviation desig nating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper por tion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a num ber strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot be fore it is deposited in the ballot box. The number strip on the bal lot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.' "

Section 12. Said Title is further amended by adding following Sec tion 34A-1011 a new Section 34A-1012, to read as follows:

"Section 34A-1012. Sample Ballots.--Sample ballots or ballot labels may be printed and published as an aid to electors in any newspaper generally and regularly circulated within the munici pality so long as the facsimile is labelled 'Sample Ballot' and is at least twenty-five percent larger or smaller than the official ballot. Reprints of such newspaper printings may be procured and dis tributed by any elector. Municipal election officials may also pre pare and distribute sample ballots or ballot labels or portions there of, provided they are labelled 'Sample Ballot' and are of a different color and at least twenty-five percent larger or smaller than the official ballot or ballot label."

Section 13. Said Title is further amended by striking from sub section (b) of Code Section 34A-1104, relating to voting machines, the word "six" and substituting in lieu thereof the word "five", so that when so amended subsection (b) of Code Section 34A-1104 shall read as follows:

"(b) In each election district in which voting machines are used, the governing authority shall provide at least one voting ma chine for each five hundred electors, or fraction thereof, therein."

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Section 14. Said Title is further amended by striking from sub section (b) of Code Section 34A-1118, relating to vote recorders, the word "three" and substituting in lieu thereof the word "two", so that when so amended subsection (b) of Code Section 34A-1118 shall read as follows:

"(b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each two hundred electors, or fraction thereof, therein."

Section 15. Said Title is further amended by striking from Sec tion 34A-1123, relating to the form of ballot cards, the words "stub and", so that when so amended Code Section 34A-1123 shall read as follows:

"Section 34A-1123. Form of ballot cards for vote recorders.-- Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots."

Section 16. Said Title is further amended by inserting in subsec tion (a) of Code Section 34A-1203, relating to the delivery of ballots and supplies to managers, immediately before the next to the last sentence the following sentence:

"In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes.",

so that when so amended subsection (a) of Code Section 34A-1203 shall read as follows:

"(a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the cast of dis tricts in which ballots are used, the number of ballots enclosed. They shall be delivered by the superintendent, together with the ballot box which shall bear the designation of the election district, to the managers in the several election districts, prior to the hour appointed for opening the polls. In primaries, the parties shall de cide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective election districts shall, on delivery to them such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superin tendent may, in his discretion, require the managers of the re spective districts to call at his office to obtain such packages."
Section 17. Said Title is further amended by striking in its en tirety subsection (b) of Section 34A-1203, relating to the delivery of

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ballots and election supplies to managers, and substituting in lieu there of a new subsection (b) to read as follows:

"(b) The registrars shall, prior to the hour appointed for
opening the polls, place in the possession of the managers in each election district one copy of the certified electors list for such dis trict, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signa tures of at least two of the registrars. In a primary, where the parties do not agree to have only one set of managers for an elec tion district, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the election district in the immediately preceding mayor's election. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists."

Section 18. Said Title is further amended by striking in its en tirety subsection (a) of Code Section 34A-1207, relative to the meeting
of poll officers and duties thereof, and substitute in lieu thereof a new subsection (a) to read as follows:

"(a) The required poll officers shall meet in the respective places appointed for holding the primary or election in each elec tion district at least thirty minutes before the hour for opening the polls on the day of each primary or election. All poll officers before entering upon their duties at any primary or election, shall take and subscribe in duplicate the oaths required by this Code."

Section 19. Said Title is further amended by adding after the last sentence of subsection (c) of Code Section 34A-1207, relating to meet ing of poll officers and duties thereof, the following sentence:

"In primaries being held with separate election district man agers, the chief managers appointed by each party shall jointly ap point the person or persons to be in charge of the electors list,"

so that when amended subsection (c) of Code Section 34A-1207 shall read as follows:

"(c) After the poll officers of a district have been organized, the chief manager shall assign duties to the assistant managers and clerks. In primaries being held with separate election district man agers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list."

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Section 20. Said Title is further amended by adding at the end of Code Section 34A-1213, relating to the conduct of special elections, the following sentence:

"Candidates in special elections shall not be listed on the bal lot according to party affiliation unless a candidate has been nomi nated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name.",

so that when amended Code Section 34A-1213 shall read as follows:

"Section 34A-1213. Conduct of special elections.--Every spe cial election for the purpose of electing municipal officials or on a question, to be voted on by the electors of the municipality at large, or by the electors of any political subdivision, shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections, and the provisions of this Code re lating to general elections shall apply thereto, insofar as practicable, and not inconsistent with any other provisions of this Code. All such special elections shall be conducted by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name."

Section 21. Said Title is further amended by inserting following Code Section 34A-1213 a new Code Section 34A-1213.1 to read as follows:

"Section 34A-1213.1. Notwithstanding any other provisions of this Chapter or Title to the contrary, an elector, voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided hereinafter in this Section:

(1) He may vote for each candidate individually as provided in this Code, as heretofore or hereafter amended.

(2) He may vote a straight political party or body ticket as provided in this Code, as heretofore or hereafter amended, or

(3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in subparagraph (2), and a vote or votes for individual candidates, in the manner provided in subparagraph (1), which shall constitute a valid vote for every candidate of the political party or body designated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for in dividuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated."

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Section 22. Said Title is further amended by striking the words "Section 34B-1222" as they appear in the second sentence of subsection (a) of Code Section 34A-1216, relating to opening of polls; posting cards of instructions and notices of penalties, and substituting in lieu thereof the following words, "Section 34A-1222."

Section 23. Said Title is further amended by striking in its entirety subsection (a) of Code Section 34A-1217, relating to the manner of applying to vote, those persons entitled to vote, voter's certificates and numbered lists of voters in paper ballot districts, and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name from the electors list, and shall enter the number of the stub of the ballot issued to him on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose."

Section 24. Said Title is further amended by striking the words "Section 34B-520" as they appear in the second sentence of subsection (b) of Code Section 34A-1218, relating to admission of voters within enclosed space; procuring of ballot; challenged and spoiled ballots, and substituting in lieu thereof the following words, "Section 34A-520".

Section 25. Said Title is further amended by adding in subsection (d) of Code Section 34A-1219, relating to method of marking and depositing ballots, following the second sentence, the following sentence:

"The number strip shall be deposited in the stub box provided for such purpose, and the number strips shall be retained with the ballots and other stubs.",

so that when so amended subsection (d) of Code Section 34A-1219 shall read as follows:

"(d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the numbered strip to a poll officer who shall ascertain by an inspection of the number appear ing thereon whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box

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provided for such purpose, and the number strips shall be retained with the ballots and other stubs. If the ballot is marked 'Challenged', the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked 'Challenged', deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted."

Section 26. Said Title is further amended by inserting in sub section (a) of Code Section 34A-1222, relating to count and return of votes, after the first sentence, the following sentences:

"In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place which may be found in the ballot or stub box shall be returned to the proper election officials of the party for whom the ballots were issued. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted.",

so that when amended subsection (a) of Code Section 34A-1222 shall read as follows:
"(a) After the polls close at 7:00 P.M. and as soon as all the ballots have been properly accounted for, and all void and unused ballots sealed in separate envelopes, the poll officers shall count the ballots in such manner as to assure that all ballots are tallied by at least two persons. In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place which may be found in the ballot or stub box shall be returned to the proper election officials of the party for whom the ballots were issued. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted. All ballots, after being removed from the box shall be kept within the unobstructed view of all persons in the voting room until replaced in the box and shall not be removed from the polling place until the counting is completed and the returns made."
Section 27. Said Title is further amended by striking in its entirety subsection (a) of Code Section 34A-1226, relating to the manner of applying to vote, those persons entitled to vote, voter's certificates and numbered lists of voters in voting machine districts, and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter his number

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in the order of admission to the voting machines on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose."

Section 28. Said Title is further amended by adding at the end of Code Section 34A-1232, relating to opening of polls, manner of voting, spoiled ballots, challenged ballots, inspection of ballot labels, and damaged recorders, a new subsection to be lettered subsection (f) and to read as follows:

"(f) The number strip shall either be deposited in the stub box or placed upon a spindle file maintained by the poll officer for such purpose, and the number strips shall be retained with the ballots and other stubs."

Section 29. Said Title is further amended by striking from the end of subsection (h) of Code Section 34A-1233, relating to duties of poll officers after the close of the polls in districts in which vote recorders are used, the following phrase,

"where a duplicate ballot card shall be made on which any invalid vote shall be omitted;",
and substituting in lieu thereof the following,
"where, in the discretion of the superintendent, either: (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote.",

so that when amended subsection (h) of Code Section 34A-1233 shall read as follows:
"(h) Examine each write-in vote to ascertain whether it is valid by checking with the vote east on the ballot card by the same elector; and if any vote cast on the write-in ballot, in combi nation with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be kept with the write-in bal lot on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabu lating center, where, in the discretion of the superintendent, either: (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote."
Section 30. Said Title is further amended by striking subsection

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(a) (iii) of Code Section 34A-1235, relating to procedures at the tabu lating center, in its entirety and substituting in lieu thereof a newsubsection (a) (iii) to read as follows:

"(iii) If it appears that a ballot card is so torn, bent or other wise defective that it cannot be processed by the tabulating ma chine, the superintendent, in his discretion, may either: (a) order that the ballot card be counted in the same manner as paper ballots are counted; or (b) order the proper election official at the tabulat ing center to prepare a true duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word 'Duplicate' and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after inspection, be processed by either of the methodsprescribed in Section 34A-1233(h)."
Section 31. Said Title is further amended by adding after the words:
"in which he desires to vote"
as they appear in the first sentence of Code Section 34A-1302, relating to the definition of absentee elector, the words:
"or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election in which he desires to vote",
so that when amended, Code Section 34A-1302 shall read as follows:
"Section 34A-1302. Definition of 'absentee elector'.--The words 'absentee elector', when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election in which he desires to vote, or who because of physical disability will be unable to be present at the polls on the day of such primary or election."

Section 32. Said Title is further amended by inserting between the words "application" and "to", as they appear in subsection (a) of Code Section 34A-1304, relating to the application for an absenteeballot, the words "either by mail or in person in the absentee ballot clerk's office", so that when so amended, subsection (a) of Code Section 34A-1304 shall read as follows:
"(a) Any absentee elector or, upon satisfactory proof of re lationship, his mother, father, aunt, uncle, sister, brother, spouse,.

2162

JOURNAL OF THE HOUSE,

or daughter or son of the age of eighteen or over, may make an
application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's district to be voted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address to which he desires to have the ballot mailed, the identity of the primary or election in which he desires to vote, and such other information as the absentee ballot clerk may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application."

Section 33. Said Title is further amended by striking in its entirety subsection (b) of Code Section 34A-1304, relating to the application for absentee ballots, and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator, county nurse, or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of the primary or election. If a physician certifies that an elector is permanently disabled, the absentee ballot clerk shall keep such certification on file, and such electors shall not be required to furnish additional certificates for subsequent elections."

Section 34. Said Title is further amended by striking subsection (a) of Code Section 34A-1305, relating to the form of absentee ballots, and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34A-10, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Chapter 34A-11 or in such form as will allow the ballot to be machine tabulated. The form for absentee ballots shall be determined and prescribed by the superintendent, except that the Secretary of State shall determine and prescribe for form for ballots not following the paper ballot format."

Section 35. Said Title is further amended by striking from sub section (b) of Code Section 34A-1306, relating to duties of superinten dent and absentee ballot clerk, the second sentence thereof which reads as follows:
"If found eligible, the absentee ballot clerk shall grant the application and mail or deliver the ballot as hereinafter provided.",
and substituting in lieu thereof the following sentence:
"If found eligible, the absentee ballot clerk shall grant the application and either mail the ballot as hereinafter provided or

TUESDAY, MARCH 18, 1969

2163

deliver the ballot to the elector within the confines of his office or deliver the ballot in person to the elector if he is confined to a hospital.",

so that when so amended subsection (b) of Code Section 34A-1306 shall read as follows:

"(b) The absentee ballot clerk, upon receipt of a timely ap plication, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election in volved. If found eligible, the absentee ballot clerk shall grant the application and either mail the ballot as hereinafter provided or delliver the ballot to the elector within the confines of his office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the absentee ballot clerk shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility."

Section 36. Said Title is further amended by striking in its en tirety subsection (a) of Code Section 34A-1307, relalting to voting by absentee electors, and substituting in lieu thereof a new subsection (a) to read as follows:

"Section 34A-1307. Voting by absentee electors.-- (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear: (i) while within the confines of a post office, before a postmaster of the United States or a postal employee designated by a postmaster; (ii) before any commissioned officer of the active armed services of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a mem ber of such service; (iii) before any consul of the United States or his assistant; (iv) before a registrar or deputy registrar of the county or municipality of the elector's residence; (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar; (vi) before any clerk of the superior court or his deputy; (vii) before any ordinary or his clerk; or (viii) before any notary public of any other state. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to mark the ballot with pen or pencil, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed 'Official
Absentee Ballot'. This envelope shall then be placed in the second
one, on which is printed the form of affidavit of the elector, the
form of jurat of the person before whom the elector appears, and
the address of the elector's absentee ballot clerk. The elector shall
then fill out, subscribe and swear to the affidavit printed on such
envelope, and the jurat shall be subscribed and dated by the person
before whom the affidavit was taken. Such envelope shall then be
securely sealed and the elector shall then mail or personally deliver
same to the absentee ballot clerk."

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JOURNAL OF THE HOUSE,

Section 37. Said Title is further amended by striking in its en tirety subsection (c) of Code Section 34A-1309, relating to challenged absentee ballots, and substituting in lieu thereof a new subsection (c) of Code Section 34A-1309, to read as follows:

"(c) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Chal lenged', the elector's name and the alleged cause of challenge on the back of the balllot, without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box. The ineligibility of the elector to vote by absentee ballot shall be a ground for a challenge. The absentee ballot clerk shall promptly notify the elector of such challenge."

Section 38. Said Title is further amended by striking the words "Section 34B-1308(a)" from Section 34A-1311, relating to cancellation of ballots of electors present during primaries and elections, and sub stituting in lieu thereof the word "Section 34A-1308(a)".

Section 39. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:

Mr. Howell of 60th moves to amend Committee Substitute for HB 917 as follows:
In Section 36, by deleting from subsection (a) of Code Section 34A-1307, relating to voting by absentee electors, the following: "(vi) before any clerk of the superior court or his deputy; (vii) before any ordinary or his clerk; or (viii) before any notary public of any other state.", and by deleting the work "mark" and the phrase "with a pen or pencil" from the following sentence, and add the word "vote" so that the sentence will read as follows:
"The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to vote the ballot, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot'."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

TUESDAY, MARCH 18, 1969

2165

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon
Bond Brantley, H. H. Bray Brooks Brown, B. D. Buck Burruss Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner
Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis

Evans Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb
Jones, M. Jordan, C. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Mauldin Maxwell

McClatchey McCracken
McDaniell Merritt
Miles Milford Moate Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston
Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn

2166
Wamble Ware Westlake Whaley

JOURNAL OF THE HOUSE,

Wheeler, Bobby Wheeler, J. A. Wilkerson Williams

Wilson Winkles Wood

Those not voting were Messrs.:

Bostick Bowen Brantley, H. L. Brown, C. Busbee Caldwell Collins, M. Dean, J. E. Dorminy Ezzard Farmer Funk

Hadaway Hale Hamilton Hargrett Harris, R. W. Hill, B. L. Hill, G. Keen Lane, W. J. Longino Matthews, C. Matthews, D. R.

Melton Miller Nessmith Parker, H. W. Phillips, L. L. Pickard Poole Rush Scarborough Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws, 1949, p. 138), as amended, particularly by an Act approved March 25, 1958, p. 637), so as to permit any newly-elected tax commissioner, tax collector, or tax receiver until the last day of July of the year he first takes office, or six months from the effective date of this Act to elect

TUESDAY, MARCH 18, 1969

2167

to establish a merit system of employment and to avail himself and his employees of State retirement benefits; to permit said officers who were unable to avail themselves of the provisions of this Act six months in which to elect to avail themselves and their employees of State retirement benefits; to provide for prior service credit; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act establishing the State Employees' Retirement System, ap proved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, partic ularly by an Act approved March 25, 1958 (Ga. Laws 1958, p. 637), is hereby amended by striking subparagraph (5) of Section 1 of the amend atory Act approved March 25, 1958 (Ga. Laws 1958, p. 637), in its entirety and by substituting in lieu thereof a new subparagraph (5) to read as follows:
"(5) In the event a new tax commissioner, tax collector or tax receiver is elected, the newly-elected tax commissioner, tax collector or tax receiver shall have until the last day of July of the first year he takes office or six months from the effective date of this Act (whichever is longer) to elect to establish a merit system of employment and to avail himself and his employees of the retire ment benefits provided for herein. Provided, however, that each tax commissioner, tax collector or tax receiver who was elected sub sequent to August 1, 1958, and thus was unable to avail himself and his employees of the retirement benefits of this Act, shall have a period of six months commencing with the effective date of this Act in which to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for herein. The said tax commissioner, tax collector or tax receiver (elected subsequent to August 1, 1958) may obtain prior service credit for himself and his employees, said prior service credit to date from the first day the tax commissioner, tax collector or tax receiver assumed office subsequent to August 1, 1958, or from the date said officers' employees began working subsequent to said officers' election, respectively, by paying the regular employer and employee contributions from the first day of his term (or first day of employment, in the case of employees), plus six per cent interest. All officers establishing such a system shall be covered at the same time which date shall be determined by the provisions of the Employees' Retirement System Act. No coverage shall ever be extended to any official or employee designated herein who, on the effective date of this Act or hereafter, is covered under the provisions of any other retirement, benefit, or similar system excluding Social Security Coverage."

SECTION 2
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

2168

JOURNAL OF THE HOUSE,
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Battle Bell Bennett Berry Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Bray Brown, B. D. Brown, C. Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, W. Dean, N. Dent Dickinson Dixon

Dorminy Douglas Ellis Evans Farrar Felton Floyd, J. H. Floyd, L. R.
Gary Gignilliat Grahl Gunter Hadaway Harrington Harris, J. F. Harrison Hawes Henderson Higginbotham Horton Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Keyton Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Marcus Matthews, C.

Mauldin Maxwell McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd
Sherman

Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat

TUESDAY, MARCH 18, 1969
Thomason Thompson, A. W. Thompson, R. Wamble Ware Westlake Whaley

2169
Wheeler, Bobby Wilkerson Williams Winkles Wood

Those voting in the negative were Messrs.:

Ballard Graves

Harris, J. R. Jordan, H. S.

Lee, W. S. Toles

Those not voting were Messrs.:

Atherton Barfield Black Brantley, H. L. Brooks Buck Burruss Caldwell Colwell Conner Davis, E. T. Dean, J. E. DeLong Dodson Edwards Egan Ezzard

Fallin Farmer Funk Gaynor Geisinger Hale Hamilton Hargrett Harris, R. W. Hill, B. L. Hill, G. Holder Hood Housley Jones, C. M. Keen
Knapp Kreeger

Levitas Lowrey Mason Matthews, D. R. McClatchey McCracken Miller Nash Nessmith Parker, H. W. Pickard Poole Smith, J. R. Townsend Vaughn Wheeler, J. A. Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 184 was ordered immediately transmitted to the Senate.

The following report of the Committee on Rules was read and adopted:

2170

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Rules met and amended the calendar for today's business, Tuesday, March 18, 1969, by adding and submitting the following:

HOUSE BILL NO. 77 -- APPROPRIATIONS -- 1969-1971

Respectfully submitted, Busbee of the 61st, Vice-Chairman.

The following Resolution of the House was read and adopted:

HR 351. By Messrs. Collins of the 72nd, Graves of the 9th, Farmer of the 16th and Shepherd of the 107th:
A RESOLUTION
Expressing regret at the passing of Major Wilbert C. Winter; and for other purposes.
WHEREAS, Major Wilbert C. Winter, United States Marine Corps Reserve, died, Friday, February 21, 1969 during take off from the Naval Air Station, Atlanta, Georgia; and
WHEREAS, he was a resident of Fulton County, a community leader and a dedicated family man; and
WHEREAS, he had a distinguished record as a captain with Eastern Air Lines; and
WHEREAS, he was the commanding officer of Marine Fighter Squadron 351, the only fighter squadron in the State of Georgia; and
WHEREAS, it is said that to be a reservist is to be twice a citizen; and
WHEREAS, he is survived by his wife, Mrs. Norman Jean Winter, two sons, Michael Winter and Mitchell Winter, two daughters Chrislee Winter and Cheri Winter, and his parents Mr. and Mrs. C. E. Winter.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members thereof do hereby express their deepest regret at the passing of Major Wilbert C. Winter and do hereby further express their sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap-

TUESDAY, MARCH 18, 1969

2171

propriate copies of this Resolution to Mrs. W. C. Winter and to Mr. and Mrs. C. E. Winter.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, and others:
A Resolution proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose gross income for income tax purposes for the immediately preceding tax year was less than $4,000.; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 62. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to exclude from said Act certain Solicitors of city courts of this State; and for other purposes.
Referred to the Committee on State of Republic.

SB 93. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; and for other purposes.
Referred to the Committee on Judiciary.

SB 189. By Senators Walling of the 42nd, Plunkett of the 30th, and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and the State Highway Department, so as to provide for the negotiation of contracts by the State Highway Director and the State Highway Department; and for other purposes.
Referred to the Committee on Highways.

2172

JOURNAL OF THE HOUSE,

SE 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, and others:

A Resolution proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and: whose gross income for income tax purposes for the immediately preced ing tax year was less than $4,000; and for other purposes.

Referred to the Committee on Ways and Means.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Gov ernment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties,, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970 and ending June 30, 1971, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1969.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation, expenses, mileage allowances, travel and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on

TUESDAY, MARCH 18, 1969
Uniform State Laws; National Conference of Legisla tive Leaders and Marine Fisheries Compact; for equip ment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compil ing, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including pub lishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as au thorized by law.
1969-70 1970-71
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the ex penditure of funds appropriated to the legislative branch of government. The Committee is hereby au thorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the legisla tive branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the legislative branch of government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
Section 2. Audits, Department of.
A. Operations.
1969-70 -------------_------.1970-71 __-----____---------- -
B. Tax Ratio Study.
1969-70 ------__-- 1970-71 .---- -------
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, includ ing salaries of justices and the employees of the Court, their retirement contributions and three Emeritus po sitions. Provided, however, that the listed appropria tion shall be increased by the amount of $12,000.00 per

2173
5,900,000.00 5,900,000.00
787,901.00 934,901.00 350,000.00 350,000.00

2174

JOURNAL OF THE HOUSE,

annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of at torneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

1969-70 1970-71

583,941.00 571,369.00

Section 4. Court of Appeals. For the cost of operaing the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.

1969-70 .....__.-....._.--....._-...._-___-....-___.-__-__..--__.-.$ 1970-71 -______..._____._....___......__-..__._-....._.-_..._-.$

706,300.00 711,100.00

Section 5. Superior Courts.

A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent ex pense allowances authorized by law, the payment of mileage as authorized by law, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $16,666.67 per annum for each addi tional Judge Emeritus position established during the fiscal year.

1969-70 1970-71

2,347,300.00 2,347,300.00

Provided, further, that the listed appropriation shall be increased by the amount of $32,000.00 per annum for each Judgeship created by law during the 1969 session of the General Assembly.

B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by by law for the District Attorneys and District Attor neys Emeritus. Provided, however, that the listed ap propriations shall be increased by the amount of $6,000.00 per annum for each additional District Attor ney Emeritus position established during the fiscal year.

1969-70 1970-71

975,100.00 976,400.00

TUESDAY, MARCH 18, 1969
Section 6. For the cost of printing and distribut ing the reports of the Supreme Court and Court of Appeals.
1969-70 1970-71
PART III.
EXECUTIVE BRANCH GENERAL GOVERNMENT
Section 7. Commission on Aging. 1969-70 ___--_..._--------,,___ 1970-71 -_-__._.___-___--
Section 8. Art Commission, Georgia. 1969-70 ----_____------_------._______.__$ 1970-71 _--_______...______....__--___$
Section 9. Banking, Department of. 1969-70 ---___,,------_------____..___-__...__._.$ 1970-71 ._.__--___......___.-------------__.__..$
Section 10. Capitol Square Improvement. Committee.
A. Operating Costs.
1969-70 ---_____-_.__----.----__--1970-71 --___...___-__..._..________
B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1969-70 _ 1970-71 ---
Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, In surance Commissioner, Fire Inspection Division, Build ing Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act.
1969-70 _._..-------_---..---________.____$ 1970-71 -____--------______.____.._-.._$
Section 12. Coordinator of Highway Safety. 1969-70 __.__---.----__-_____-_____--_.$ 1970-71 ______.____._____.__.___--_5
Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military

2175
35,000.00 35,000.00
52,800.00 58,300.00 93,200.00 95,500.00 588,800.00 631,000.00
150,000.00 150,000.00
3,112,752.87 3,112,752.87
1,607,900.00 1,746,200.00
114,400.00 103,000.00

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JOURNAL OF THE HOUSE,

organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.

1969-70 1970-71

1,096,700.00 1,133,200.00

Section 14. Executive Department.
A. For the costs of operating the Executive Department, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governors' Conferences, the South ern Interstate Nuclear Compact, and the Advisory Com mission on Intergovernmental Relations, and other special committee expenses.

1969-70 _...______.___.._-___-.._.$ 1970-71 .--...-__.-._.-...--____._.._-.__.$

605,000.00 608,000.00

B. For the Governor's Mansion allowance.

1969-70 --..-__--__.---...._-,,.__----..--_..-,,._...__$ 1970-71 ...____....._--.....-.-.__...-_-__..--.._._.-__.-$

25,000.00 25,000.00

Section 15. Budget Bureau.
1969-70 _.___..___.._.__._._..__._________--$ 1970-71 --___-_.-___---_......_.--.__.__.__......_$

311,800.00 334,800.00

Section 16. Planning and Programming Bureau.
(a) General operating cost.
1969-70 __---..._-...____.--..._--.-.___._._-..___-__...$ 1970-71 _-._..__.-..-.-.-....,,__..__.._.___---__..--$

612,800.00 686,800.00

(b) Grants to Area Planning and Development Commissions.

1969-70 ._____..__.___..._._____..____-____-..__....._._.._._____$ 1970-71 __...___._______._.___.___._...______-..________.__.$

823,200.00 823,200.00

Section 17. Georgia Historical Commission.
1969-70 -..-..__.....__..............________________..$ 1970-71 _._.___.---_.__._______.--__............___.___.____$

537,200.00 560,900.0a

Section 18. Industry and Trade, Department of.
A. General Operating Costs. 1969-70 .....___....__--_._---.._---_....__......$ 1970-71 ........__.......................______........___.__..$

3,151,000.003,348,700.00

TUESDAY, MARCH 18, 1969
B. Capital Outlay--Metropolitan Atlanta Rapid Transit -- to be expended under contract with the Metropolitan Atlanta Rapid Transit Authority.
1969-70 ___.._______,,_________._,,__----_____.___.___,,$ 1970-71 __,,_._____.-----__.__..--_----_- ^.---.$
C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.

2177
45,700.00 45,700.00

1969-70 1970-71

2,000,000.00
2,000,000.00

Section 19. Labor, Department of.

A. For the cost of operating the Commissioner's Office and Factory Inspection Division.

1969-70 1970-71

344,800.00 358,200.00

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.

1969-70 .._. 1970-71 ._

105,000.00 105,000.00

Section 20. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State govern ment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and mainte nance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition or rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds ap propriated to the Executive Department for the pay ment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.

2178

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1969-70 __.._____.__..____.______._._.__$ 1970-71 ____.__-______------___.__----$

913,415.00 969,950.00

Section 21. Library, State.
1969-70 ._...__.._._____,,__-___---- --__-__-_$ 1970-71 .,,__-______----. ..__---__._._____.$

125,400.00 134,500.00

Section 22. Literature Commission, State.
1969-70 _________.________._..._._..._.___-----$ 1970-71 __________..---_________--_-_$

23,000.00 23,300.00

Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1969-70 ____________.___-__-__._________--$ 1970-71 _________-----__-_______---__$

145,700.00 158,850.00

Section 24. Public Safety, Department of
1969-70 ___________________________---__$ 14,529,700.00 1970-71 ____..--__-________________$ 15,879,800.00

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.
1969-70 1970-71

753,100.00 792,900.00

Section 26. Purchases, Supervisor of.
1969-70 1970-71

490,800.00 536,300.00

Section 27. Recreation Commission.
1969-70 1970-71

105,500.00 111,600.00

TUESDAY, MARCH 18, 1969

2179

Section 28. Revenue, Department of.

A. For cost of operating the Department of Revenue.

1969-70 ----. 1970-71 _-.

13,745,100.00 14,677,300.00

B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regula tions set up by the Commissioner of Revenue for as sisting counties in financing tax reevaluation studies.

1969-70 1970-71
C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and 1970-71 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $400,000.00 in each fiscal year. Such amount shall be available for futher tax evaluation loans to counties.

30,000.00 30,000.00

Section 29. Science and Technology Commission.

1969-70 1970-71

103,900.00 108,000.00

Section 30. Secretary of State.
A. Archives and Records. For the cost of operations of archives and history, microfilming and housing re cords, and the State Museum, including lease rental pay ments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per annum.
1969-70 1970-71

1,497,600.00 1,581,600.00

B. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the mainte nance of Confederate cemeteries, and for insurance on public property not otherwise provided for.

1969-70 ._.______---__.._.__....__-__..___.._$ 1970-71 ....__-__......__.._.___._....__________.$

481,000.00 519,100.00

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C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.

1969-70 ....__.._..._._...__.._...._.._._._..._______$ 1970-71 _______________.,,_____________$

D. Examining Boards.

1969-70 _.___.__________________________..___$ 1970-71 __________.____.___-__.__.______.$

E. Executive Center. For operation of Executive Center.

1969-70 ________________________________--___$ 1970-71 __.__._______________________$

F. Special Repairs, Capitol Building and Legisla tive Chambers, Rooms, Offices and Facilities.

1969-70 ______________________________$ 1970-71 ____________________________________________.$

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Commission.

1969-70 __________.________.________________.$ 1970-71 ________________________-_________$

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.

1969-70 ____________________________________$ 1970-71 ____________._.__._________________$

Section 33. Veterans Service.

908,300.00 970,000.00
918,400.00 992,200.00
70,400.00 74,900.00
50,000.00 50,000.00
50,000.00 50,000.00
156,500.00 156,500.00

A. For the cost of operating the Department of 'Veterans Service.
1969-70 ______________________________.____$ 1970-71...._______________..____._________.$

1,215,100.00 1,315,000.00

B. For, the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1969-70 _________________.________________$ 1970-71 ____________________________$

1,110,200.00 1,251,400.00

TUESDAY, MARCH 18, 1969
C. For the cost of pensions to Confederate Widows.
1969-70 ._. 1970-71 __
Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board Of Workmen's Compensation.
1969-70 -_................................................................. ^ 1970-71 ....................................... .^

2181
55,570.00 47,900.00
719,600.00 765,500.00

AGRICULTURE AND CONSERVATION

Section 35. Agriculture, Department of.

A. For the operation of all activities of the Depart ment including the operation of Farmer's Markets.

1969-70 1970-71

10,364,700.00 10,955,000.00

B. Capital Outlay--Authority Lease Rentals-- An nual Lease payments to Georgia Building Authority (Markets).

1969-70 1970-71

1,050,000.00 1,050,000.00

Provided that from the above appropriated amounts, $300,000.00 in 1969-70 and $300,000.00 in 1970-71 is designated and committed to pay rentals to said Au thority to permit the issuance of bonds to finance new construction and renovations of Farmers' Markets.

Section 36. Conservation.

A. Forestry Commission.

1969-70 _______._.____._..__.__._.----$ 6,037,000.00 1970-71 ---,,..--__.-.._-_-_-------_-.$ 6,598,400.00

B. Forest Research Council.
1969-70 ............................. 1970-71 _-__...___._
C. Game and Fish Commission.
1969-70 1970-71

502,300.00 467,400.00
3,900,200.00 4,233,900.00

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D. Georgia Commission for the Development of Chattahoochee Eiver Basin.

1969-70 _-___...,,_-......._....__.._-------._......._..-.__-_-._-_-$ 1970-71 __-___--_-_____________--_-_--___._____-_.........$

E. Jekyll Island Committee.

1969-70 __-_______--_-_____-__---_----___--_-_,,..-----.__$ 1970-71 ------__----___.......,,...__._-_--$

P. Mineral Leasing Commission.

1969-70 _._._____________._____-----_____________----$ 1970-71 __________-_____-------____-----$

G. Department of Mines, Mining and Geology, including Oil and Gas Commission, and dues to the Interstate Oil Compact.

7,710.00 8,460.00
400,000.00 400,000.00
5,000.00 5,000.00

(a) Regular Operation.

1969-70 _--_-----_------_------_-_--$ 1970-71 ____.______________________--_____________$
(b) South Georgia Minerals Exploration and Research.

615,720.00 1,120,120.00

1969-70 ___--__-_--_.__.____-____,,_---_-__-_--,,__--____--_-$ 1970-71 ._._.._.__--..___.______-_-__-___--__-__.___--$

286,480.00 286,480.00

(c) Surface Mined Land Use Board.

1969-70 ____-__-____--___._--___...-..__._-._.....___..-.--....$ 1970-71 ._..__--.__...-__.-._-__.-____....-.--....____-___----$

165,200.00 174,200.00

H. North Georgia Mountains Commission.

1969-70 ___,,---_--___.__-_---_--_____-_--_-_$ 1970-71 _-__..._._-_.___.__.-.----._---__._.--.....-----$

350,200.00 195,700.00

Provided that the total State salary of the Director shall not exceed $24,000.00 per annum.

I. Ocean Science Center of the Atlantic.

1969-70 __.__----__....__._..._._.-....._..._..._-_---$ 1,306,600.00 1970-71 -.-.-....___.--..-.._-_.--.__..___.....___....._..-._......_$ 1,052,500.00

TUESDAY, MARCH 18, 1969
J. Department of Parks.
(a) For general operation and development of State Parks.
1969-70 _ 1970-71 __,,,,..
Provided, however, that of the above amounts, there shall be allocated for expenses of the State Coun cil for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 1970-71.
Provided that no land shall be purchased for State park purposes without the approval of the State Prop erties Acquisition Commission.
(b) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Jekyll Island-State Parks Authority.
1969-70 1970-71
Provided that from the above appropriated amount, $250,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.
(c) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Stone Mountain Memorial Association.
1969-70 1970-71
(d) For Contract with Lake Lanier Island Develop ment Authority.
1969-70 1970-71
K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee.
1969-70 _-__.._. 1970-71 _______

2183
1,950,800.00 2,034,500.00
1,396,000.00 1,396,000.00
1,000,000.00 1,000,000.00
822,800.00 900,000.00
470,300.00 487,100.00

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L. Stone Mountain Memorial Committee. For operating costs including costs of improvements by con vict labor.
1969-70 1970-71

175,000.00 150,000.00

CORRECTIONS

Section 37. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.

1969-70 .,,______..______-___._-_-__---$ 14,440,100.00 1970-71 __,,___-_---.__..--------__,,__..--$ 14,672,400.00

Provided that no funds appropriated in this section or otherwise available shall be used to pay a salary in excess of the director's salary, except salaries for physicians.

B. Capital Outlay -- Authority Lease Rentals -- Annual lease payments to Georgia Building Authority (Penal).

1969-70 1970-71

2,151,000.00 2,476,000.00

Provided that from the above appropriated amount, $1,361,000 for the fiscal year 1969-70 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to construct a maximum security prison, a work-release--pre-release center, and three specialized penal institutions.
Provided, further, that from the above appropriated amount, $1,361,000 for the fiscal year 1970-71 is desig nated and committed to continue rental payments to said Authority for the construction specified for fiscal year 1969-70, plus an additional amount of $325,000 to permit the issuance of bonds to construct three additional specialized penal institutions.
Section 38. Pardons and Paroles, State Board of.
1969-70 1970-71

1,172,500.00 1,329,900.00

TUESDAY, MARCH 18, 1969

2185

Section 39. Probation, State Board of. For the cost of operating the statewide Probation System, adminis tered by the State Board of Probation.

1969-70 _____,,_________.___,,_____-______ _.___^__$ 1,796,000.00 1970-71 -._..._,,___.._...._.,,._...........,,,,.__..,,........_._......._._..$ 2,025,000.00

EDUCATION
Section 40. State Board of Education--Depart ment of Education.
A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for ex ceptional children; for grants in aid to the public com mon schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the oper ating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds, includ ing the cost of the Teachers' Retirement Employer con tribution.
Provided that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contributions to the Teachers' Retirement System ap plicable to such salary.
1969-70 ___.---_._-_._. ---- ----.-$ 373,990,389.00 1970-71 --_------_.---------___----------_.------$ 397,913,904.00
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.
Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bu reau shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Noth-

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ing in this section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for pro grams for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated profes sional personnel serving as principals, instructional su pervisors, visiting teachers, librarians, guidance coun selors, and other certificated professional personnel.

B. Capital Outlay--Authority Lease Rentals.

1969-70 __...,,__..__...._........_.-.___-_..-......_..___._._........_$ 28,801,000.00 1970-71 __.._____________._____.__.___________,,____,,_________$ 28,801,000.00

For Capital Outlay purposes, including Lease Rent als obligations of the State Board of Education, Depart ment of Education to Georgia Education Authority (Schools) in accordance with Lease Rental Contracts; provided that from the above appropriated amounts, $2,500,000.00 in 1969-70 and $2,500,000.00 in 1970-71 is designated and committed for additional capital outlay purposes, including lease rentals to said authority to permit the issuance of bonds to finance new projects. In said sum of $28,801,000.00 is included $2,601,000.00 now committed as annual lease rental on contracts securing Series 1954A Bonds of the State School Building Au thority now outstanding. In the event that the Georgia Education Authority (Schools) determines that it would be advisable for said Series 1954A Bonds to be funded or refunded and additional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part for that purpose; provided only, that the total annual obligation assumed by the State Board of Education in connection with the refunding bonds and bonds to finance addi tional construction shall not exceed $2,601,000.00; and provided further, that the total annual obligation as sumed by the State Board of Education in connection with said bonds to finance additional construction shall not exceed $2,000,000.00.
In said sum of $28,801,000.00 is included $2,401,000.00 now committed as annual lease rental on contracts securing Series 1955 Bonds of the State School Building Authority now outstanding. In the event that the Georgia Education Authority (Schools) determines that it would be advisable for said Series 1955 Bonds to be funded or refunded and additional bonds issued for that purpose and for the purpose of financing new con struction, it may do so, and use said sum, in whole or in part for that purpose; provided only, that the total an-

TUESDAY, MARCH 18, 1969

nual obligation assumed by the State Board of Education in connection with the refunding bonds and bonds to fi nance additional construction shall not exceed $2,401,000.00; and provided further, that the total annual obligation assumed by the State Board of Education in connection with said bonds to finance additional con struction shall not exceed $1,400,00.00

Section 41. Educational Improvement Council.

1969-70 1970-71

Section 42. Higher Education Assistance Committee.

1969-70 1970-71

Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, includ ing the payment of medical scholarships as authorized by provision of the Georgia State Constitution.

1969-70 -.-.-._______..____...---_-_..--_.---.......-.__-.-.-.....$

1970-71 ___.-_-.

.... -_---_-__._________,,___$

2187
126,700.00 132,800.00 304,200.00 381,300.00
201,900.00 230,900.00

Section 44. State Board of Regents.

A. The general cost of operation of the Board; for aid to the University System; for Annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equipment for the Uni versity System; for the cost of Teachers' Retirement Employer contributions. Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any em ployer contribution to the Teacher Retirement System applicable to such salary.

1969-70 ._____________,,__._$ 140,651,000.00 1970-71 ________._____.____________________-____________________________$ 158,539,000.00

Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriation, the amounts of $18,363,500.00 in 1969-70 and $19,772,800.00 in 1970-71 are designated and com-

2188

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mitted to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriations for lease rental, the amounts of $2,500,000.00 in 1969-70 and $3,250,000.00 in 1970-71 are designated and committed to pay rentals to the Georgia Building Authority (University) to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Re gents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution, and shall, second, apportion the remaining funds available to the various units to cover cost inci dent to the operation and development of the University System. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

No part of this appropriation, nor any funds real ized by the State Board of Regents of the University System, or any school or college from the Federal gov ernment, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and from any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum.

B. Eugene Talmadge Memorial Hospital--State Board of Regents.

1969-70 1970-71

6,254,000.00 6,935,000.00

Section 45. State Scholarship Commission.

1969-70 1970-71
Section 46. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1969-70 ........__._-..-.........._.___..___........_.................___.__..? 1970-71 ______-__-.--_---_--

846,640.00 847,670.00
347,000.00 347,000.00

TUESDAY, MARCH 18, 1969

2189

HEALTH AND WELFARE

Section 47. Public Welfare, Department of Family and Children Services.

A. For the cost of operation of the State Welfare Programs.

1969-70 ____-_-__.__.._____--__________.________$ 3,727,950.00 1970-71 ____________________._____._.._.__________.$ 3,973,950.00

B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.

1969-70 ___________-_._____..._________.________$ 16,111,836.00 1970-71 __.__.____.____..___.__..____.._._______._______$ 16,530,965.00

C. Benefits--AFDC Program. For matching fed eral funds to provide benefits to families with dependent children.

1969-70 ________________________-_-.________.._._.__$ 11,716,743.00 1970-71 ______________.._______-________-.__.-__.$ 14,548,154.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.

1969-70 __._____________-__-_______.______.._____-__._______________$ 1,539,021.00 1970-71 ____-___-____-__-____._-________,,__________.._._____________._-___$ 1,778,496.00

Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the State Budget Bureau shall have au thority to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Senate.

E. Grants to Counties for administration and serv ices. For the cost of participating with the Federal government and counties in the administration of local welfare programs.

1969-70 1970-71

10,095,600.00 11,716,500.00

F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned detention centers.

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1969-70 _. 1970-71 -

6,834,500.00 6,851,500.00

Provided, however, the $540,000.00 allotted under this section for grants to county-owned detention centers shall be distributed to the several counties for operating expenses of the said centers without re striction.

G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.

1969-70 ... 1970-71 ...

221,220.00 249,200.00

Section 48. Department of Public Health.

A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).

1969-70 -_._--_.__--__..____.._..........._.......__._......--$ 6,325,000.00 1970-71 _...-.-.--.._---..-__-___..___-._--.__..._..$ 6,325,000.00

Provided that from the above appropriated amounts, $2,215,000.00 in 1969-70 and $2,215,000.00 in 1970-71 is designated and committed to pay rentals to said Author ity to permit the issuance of bonds to finance new projects.

B. Battey State Hospital. For the cost of operation.

1969-70 1970-71

3,741,400.00 3,989,000.00

C. Central State Hospital. For the cost of operation.

1969-70 ...._ 1970-71 ._._

30,139,399.00 32,422,499.00

D. Georgia Mental Health Institute. For the cost of operation.

1969-70 1970-71

5,067,364.00 5,435,600.00

E. Georgia Regional Hospital at Atlanta. For the cost of operation.

1969-70 ._._,,.-._.__.-_.__..__._...__.-____________________.$ 3,867,160.00 1970-71 __.._...____..___________._......_____..__________.$ 5,222,160.00

TUESDAY, MARCH 18, 1969

2191

F. Georgia Regional Hospital at Augusta. For the cost of operation.

1969-70 1970-71

2,776,000.00 3,993,000.00

G. Georgia Regional Hospitals at Columbus, Rome, and Savannah. For the cost of development and op eration.

1969-70 ___________________________..___________________.___.$ 410,000.00 1970-71 __________________________________________$ 2,980,000.00

H. Georgia Retardation Center. For the cost of operation.

1969-70 _______________________________________$ 3,732,405.00 1970-71 ____...__________________________._.$ 6,943,751.00

I. Gracewood State School and Hospital. For the cost of operation.

1969-70 ___________________________________$ 8,342,463.00 1970-71 _______________________________._.$ 8,827,463.00

J. Medical Assistance Program. For the cost of operation.

1969-70 _________________________________$ 22,060,587.00 1970-71 ________________________________$ 25,934,787.00

K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and expended in the same manner as other public health funds, and in accordance with the provisions of the HillBurton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Con struction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.

1969-70 ___. 1970-71 ___.

2,000,000.00 2,000,000.00

L. Regular Operations. For the cost of operation.

1969-70 1970-71

15,321,896.00 16,628,845.00

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M. Southwestern State Hospital. For the cost of operation.

1969-70 1970-71

5,711,166.00 5,774,166.00

N. Water Quality Control Division. For the cost of operation.

1969-70 1970-71

422,548.00 419,348.00

Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts re mitted to the transferor institution in payment for services to eligible recipients.

Section 49. State Nursing Home Board. For the cost of operation.
1969-70 ._,, 1970-71 ___.

28,738.00 28,927.00

HIGHWAYS
Section 50. Highway Department. Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately pre ceding year, less the amount of refunds, rebate and col lection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately pre ceding fiscal year and enter the full amount so deter mined on the records of the State as being the appro priation payable in lieu of the amount appropriated herein.
A. General Operations--For general administra tive cost of operating the Highway Department, includ ing equipment and compensation claims.
1969-1970 1970-71 ...

9,325,000.00 9,700,000.00

TUESDAY, MARCH 18, 1969

2193

B. Capital Outlay--Authority Lease Rentals.

1969-70 __________.._._____,,____..______.________.$ 19,900,000.00 1970-71 ___________________,,________________$ 25,110,113.00

For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con nection with new projects approved by the Highway Department.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifi cally appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, fur ther, that in order to meet the requirements of the Inter state System with regard to completion by a date fixed by existing Federal Bureau Statute of Federal-State 9010 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropri ated to the State Highway Department.

Maintenance and Betterments.

1969-70 _.__-__--_______--.____...--____-.___$ 43,436,344.00 1970-71 _______-_____...___.____..____________$ 45,933,162.00

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Planning and Construction.

1969-70 _ 1970-71 _...

85,422,393.00 84,873,496.00

D. Grants to counties. For grants to counties for aid in county road construction and maintenance.

1969-70 1970-71

4,817,013.03 4,817,013.03

E. For grants to counties for aid in county road construction and maintenance.

1969-70 _-_--_.1970-71 -_-_.

4,500,000.00 4,500,000.00

Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law.

The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such coun ty in any future year.

F. Administrative Fees -- Administration Truck Weight Program.

1969-70 __ 1970-71 ___,,

400,000.00 400,000.00

G. Capital Outlay--Airport Development.

1969-70 1970-71

390,000.00 250,000.00

TUESDAY, MARCH 18, 1969

2195

OTHER

Section 51. Grants to Counties, Municipalities and School Systems.
A. Grants to Municipalities. For grants to munici palities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1969-70 ..____...-...._-..-.,,__._....,,.---_---------.....-_..--? 1970-71 ._-__.__._-,,_-___._--.-------.--_-.-_..--$

9,317,000.00 9,317,000.00

Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds re ceived under this section have been expended in accord ance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such munici pality in any future year.

B. Grants to counties.
1969-70 1970-71

15,682,986.97 15,682,986.97

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p.

C. Grants to municipalities.
1969-70 1970-71
For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

35,683,000.00 35,683,000.00

D. Grants to School Systems.
1969-70 _________________ _______________________,,_._____________$ 25,000,000.00 1970-71 -_-_--_--_-_-_---.._-_-__-_-_-.-________.____$ 25,000,000.00

PART IV.

MISCELLANEOUS

Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for

2196

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meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expendi tures of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

1969-70 ____________________________._____________-$ 2,000,000.00 1970-71 __________.______-_____________.__________-$ 2,000,000.00

Section 53. Working Reserve--High and Low In come Periods.
1969-70 ____________________________________________$ 32,358,745.87 1971-71 ____________________________________________ --0--

Section 54 In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund cov ering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.

Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Ap propriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropri ated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the de partment, agency, or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general

TUESDAY, MARCH 18, 1969

2197

obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon Gen
eral Funds.

Section 56. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendations contained in the amended Budget Report submitted to the General Assembly at the regular 1969 session, except as other wise specified in this Act; provided, however, the Direc tor of the Budget is authorized to make internal trans fers within a budget unit between objects and programs subject to the conditions that no fund whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appro priation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to consider said transfers. This section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any department, bureau, board, commission, institution, or other agency of the State show transfers made in violation of this section. In those cases in which the aforesaid Budget Report con tains no recommendation by the Governor of expendi tures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any oper ating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 57. In the event it is determined by the Budget Bureau that the total funds in the State Treas ury in the fiscal year in which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropria tions authorized, the Director of the Budget is autho rized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitu tionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

2198

JOURNAL OF THE HOUSE,
The amount of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION 1969-70.----------$1,115,575,797.74 1970-71---------------$1,161,935,638.87
Section 58. All laws and parts of laws in conflict with this Act are hereby repealed.

The following Committee substitute was read:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970 and ending June 30, 1971, as pre scribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1969.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation, expenses, mileage allowances, travel and benefits for members of the General Assembly, and for the officials,

TUESDAY, MARCH 18, 1969

2199

employees, and committees of the General Assembly and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Rep resentatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference on Legisla tive Leaders and Marine Fisheries Compact; for equip ment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compil ing, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including pub lishing constitutional amendments; for all costs of Geor gia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Commit tee and the Office of Legislative Counsel as authorized by law.

1969-70 ...^ .................... ...^ ............. ...^ 5,425,000.00 1970-71 __.............................................. J$ 5,425,000.00

Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expen diture of funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the legislative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the legislative branch of government with a view to wards determining which are legitimate legislative ex penses and which should be paid for from other appro priations.
Section 2. Audits, Department of.
A. Operations
1969-70 .... ....._.__,,....___..____...._........__._..$ 1970-71 _______-_.___-.__-_-___-____---_,,__-___.____._._________.___$

750,000.00 750,000.00

B. Tax Ratio Study
1969-70 ... ----_----__-_-____,,_____--___$ 1970-71 .,,-.-________...-..._-......._._____.......,,___..............$

--0-- --0--

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JOURNAL OF THE HOUSE,
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, includ ing salaries of justices and the employees of the Court, their retirement contributions and three Emeritus posi tions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per an num for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attor neys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
1969-70 -_-,,-_-____--____--_,,____-_____.____._...._.$ 1970-71 --_-_---._-____-.__--___-_,,_____._______._____$
Section 4. Court of Appeals. For the cost of oper ating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1969-70 1970-71
Section 5. Superior Courts.
A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent ex pense allowances authorized by law, the payment of mileage as authorized by law, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $12,666.67 per annum for each addi tional Judge Emeritus position established during the fiscal year.
1969-70 1970-71
Provided, further, that the listed appropriation shall be increased by the amount of $27,000.00 per an num for each Judgeship created by law during the 1969 session of the General Assembly.

550,441.00 550,441.00
662,800.00 662,800.00
1,756,967.00 1,756,967.00

TUESDAY, MARCH 18, 1969
B. For payment of salaries, contingent expense al lowances, and other expenses as may be authorized by law for the District Atorneys and District Attorneys law for the District Attorneys and District Attorneys tions shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.
1969-70 1970-71
Section 6. For the cost of printing and distribut ing the reports of the Supreme Court and Court of Appeals.
1969-70 __--,,__-_.__-- ---- --_-.-$ 1970-71 .-- -----------------------------I

2201
975,100.00 975,100.00
35,000.00 35,000.00

PART III.
EXECUTIVE BRANCH GENERAL GOVERNMENT
Section 7. Commission on Aging.
1969-70 1970-71
Section 8. Art Commission, Georgia.
1969-70 -__-----,,__-----------------------_------$ 1970-71 __---------------------------------------$
Section 9. Banking, Department of.
1969-70 1970-71
Section 10. Capitol Square Improvement Commit tee.
A. Operating Costs.
1969-70 1970-71
B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.

47,655.00 47,655.00
57,060.00 57,060.00
572,054.00 572,054.00
150,000.00 150,000.00

2202

JOURNAL OF THE HOUSE,

1969-70 .__, 1970-71 ..___

3,112,752.87 3,112,752.87

Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act.

1969-70 _____ 1970-71 .....

1,526,450.00 1,526.450.00

Section 12. Coordinator of Highway Safety.

1969-70 1970-71

70,924.00 70,924.00

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organ izations and the cost of operating the Civil Defense Divi sion, and the Office of Emergency Planning.
1969-70 ___________._._.._....--_-.._...-__-.._.-___-.._..._f 1970-71 __._.,,______._,,_____-._,,___-___-____.__________._____,,___._____________,,_..$

1,070,393.00 1,070,393.00

Section 14. Executive Department.
A. For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governors' Conferences, the Southern Inter state Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special com mittee expenses.
1969-70 ___.__._-_--_-_----_--______.__.-.-----__..-------.$ 1970-71 _..._..--__...____-__-__--._-___-_____.--._-__?

593,165.00 593,165.00

B. For the Governor's Mansion allowance.
1969-70 1970-71

25,000.00 25,000.00

Section 15. Budget Bureau.
1969-70 1970-71

281,585.00 281,585.00

TUESDAY, MARCH 18, 1969

2203

Section 16. Planning and Programming Bureau. (a) General operating cost.

1969-70 _.__--___--__--____.__--_--_.____.,,_._.-.-.-..._..$ 1970-71 ---_-_._--______._-.-_-- ----- _------$

574,561.00 574,561.00

(b) Grants to Area Planning and Development Commissions.

1969-70 --------------------------------$ 1970-71 ------------___--_---_------------$

823,200.00 823,200.00

Section 17. Georgia Historical Commission.

1969-70 -_.._-------------------____------------------$ 1970-71 _------_--_--------_--__---___.____-----.$

416,400.00 366,400.00

Section 18. Industry and Trade, Department of. A. General Operating Costs.

1969-70 ----------_-------------------___------------$ 2,591,014.00 1970-71 _..._------------------__...------.$ 2,591,014.00

B. Capital Outlay--Metropolitan Atlanta Rapid Transit--to be expended under contract with the Metro politan Atlanta Rapid Transit Authority.

1969-70 __----_---------------------------------$ 1970-71 ------------ -__----------_------_--------__----.$

45,700.00 45,700.00

C. Capital Outlay--Authority Lease Rentals-- An nual lease payments to Georgia Ports Authority.

1969-70 ..____.-_..-.._-__.____.______.____..._._._,,_..._..__.._...........$ 2,000,000.00 1970-71 ----_------_------_---------$ 2,000,000.00

Section 19. Labor, Department of.
A. For the cost of operating the Commissioner's Office and Factory Inspection Division.

1969-70 _----_------------_-------.---- -.--$ 1970-71 -_--_----,,-------------------_----------$

326,200.00 326,200.00

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.

1969-70 _--------__,,----------------_----_------------_-..$ 1970-71 ....--..-_..._.....-_...-..__--._-..__.......--..---_--..__..$

85,000.00 85,000.00

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JOURNAL OF THE HOUSE,

Section 20. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the Executive Branch of the State government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reim bursement to the Department of Law by the State High way Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in con nection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Execu tive Department for the payment of salaries and ex penses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.

1969-70 ...._..__,,._____._._._.....,,..._._...-..._-_...._.._.._$ 1970-71 -_------_-_--_.-----------_------$

Section 21. Library, State.

1969-70 ....__._......_._.._......... . __-..__.._..._..._.._$ 1970-71 ___-.._.__._.,,-,,__----__---.--$

Section 22. Literature Commission, State.

888,000.00 888,000.00
122,200.00 122,200.00

1969-70 _.._.._-_.--.--__,,-----.-$ 1970-71 __._...._.__....__........................... .^

20,000.00 20,000.00

Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.

1969-70 --__..-__..,,_..-.--__..-___-__-----____..-,,_.-..__..$ 1970-71 -,----_------__----_,,--------$

127,330.00 127,330.00

Section 24. Public Safety, Department of.

1969-70 _,,_...._,,_................_,,__..._...-_..._.___._...-....._....._$ 13,291,700.00 1970-71 ..._..-_._-_-......_..._..._...._____...-.---.-....-..._...-_..$ 13,291,700.00

Provided, that from the above amount, $41,000.00 shall be used as additional funds for construction of State Patrol Barracks in Stephens County.

TUESDAY, MARCH 18, 1969

2205

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).

Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.

1969-70 __._____._______.-________--_-..__.______$ 1970-71 . -_____........__._.._._..--___._..._._____.....$

688,131.00 688,131.00

Section 26. Purchases, Supervisor of.
1969-70 ___..._._.__.__..__.__.-__..-_____.._---.__.$ 1970-71 ........__..________.__,,____.- -_._____...__..$

467,653.00 467,653.00

Section 27. Recreation Commission.

1969-70 -._-.___.-.____------.----_-_-.--$ 1970-71 __________________..__._._...._......___...-__--$

103,123.00 103,123.00

Section 28. Revenue, Department of.

A. For cost of operating the Department of Rev enue.

1969-70 __--.....-_-__....___...-_..._.--...-_--.__-.._-_._-.$ 13,366,400.00 1970-71 .........._._...-.-...._.._......----__..-.._....--._.__$ 13,366,400.00

B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regula tions set up by the Commissioner of Revenue for assist ing counties in financing tax reevaluation studies.

1969-70 .-_---------_:_----_.__.-.._-.._._-_..-.__...$ 1970-71 ___________________________ ______ -..___.-.$

30,000.00 30,000.00

C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and 1970-71 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $400,000.00 in each fiscal year. Such amount shall be available lor further tax evaluation loans to counties.

2206

JOURNAL OF THE HOUSE,
Section 29. Science and Technology Commission.
1969-70 1970-71
Section 30. Secretary of State.

96,350.00 96,350.00

A. Archives and Records. For the cost of opera tions of archives and history, microfilming and housing records, and the State Museum, including lease rental payments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per annum.

1969-70 .-..-___._--___-----..---------$ 1,448,900.00 1970-71 ---_._._------------------__.-..-..__.$ 1,448,900.00

B. Buildings and Grounds. For the cost of operat ing the State Capitol Building and grounds, the mainte nance of Confederate cemeteries, and for insurance on public property not otherwise provided for.

1969-70 .______-_-.-._-.-____.----__.----__...__$ 1970-71 ....____...._.__.__-___.._____..--____......__$

461,049.00 461,049.00

C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.

1969-70 ..------__-.-___..-_-._..__-._.__._.._____.$ 1970-71 ..___,,...___._.____.___...__._.__...__.$

851,921.00 851,921.00

D. Examining Boards.

1969-70 ...............__......_....__..._______._.__.__.__$ 1970-71 ___.--.--..-.__-__..__.__...__..._.._...$

884,800.00 884,800.00

E. Executive Order. For operation of Executive Center.

1969-70 ...____...__..........._____.....___.._._._._..$ 1970-71 ___-......_...__.___._.______._______$

69,300.00 69,300.00

F. Special Repairs, Capitol Building and Legisla tive Chambers, Rooms, Offices and Facilities.

1969-70 _.--_-..----___...._......._.____-.__..__.$ 1970-71 _.._.....___..__.___-__.________.__.___.__..____$

50,000.00 50,000.00

TUESDAY, MARCH 18, 1969

2207

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Commission.

1969-70 ____________-__._______-_.__________$ 1970-71 ________..____________________-.___.$

50,000.00 50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.

1969-70 _________________-_____--_______._______$ 1970-71 ____________________________-_____--$

156,500.00 156,500.00

Section 33. Veterans Service.

A. For the cost of operating the Department of Veterans Service.

1969-70 ____________.__-_____-___._________-$ 1,172,053.00 1970-71 ________-___________________________-$ 1,172,053.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.

1969-70 _____________________________________$ 1,088,314.00 1970-71 ____________________-________________$ 1,088,314.00

C. For the cost of pensions to Confederate Widows.
1969-70 ________________________________$ 1970-71 __________________________________$

55,570.00 47,900.00

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.
1967-70 _________,,___,,__-______-_._,,,,-__________________$ 1970-71 _____-__________________________________$

707,345.00 707,345.00

AGRICULTURE AND CONSERVATION
Section 35. Agriculture, Department of.
A. For the operation of all activities of the De partment including the operation of Farmer's Markets.
1969-70 ______.__________________________________$ 9,456,531.00 1970-71 _____________________...__________$ 9,456,531.00

2208

JOURNAL OF THE HOUSE,

B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Markets)

1969-70 1970-71

750,000.00 750,000.00

Provided that from the above appropriated amounts, $ 0.00 in 1969-70 and $ 0.00 in 1970-71 is designated and committed to pay rentals to said Authority to per mit the issuance of bonds to finance new construction and renovations of Farmers' Markets.

Section 36. Conservation.

A. Forestry Commission.

1969-70 _....._..._..__........__......-_.._..-_.......___.._..._..$ 5,806,633.00 1970-71 .-.__._-..-..-.--..-._._..--_....----...-.._.._-..._..__......$ 5,806,633.00

B. Forest Research Council.

1969-70 _.-_......._..-___-_._-..-.-_..._.___..___$ 1970-71 __.____...._.__....._._____._.........__._._.___.______...$

401,834.00 401,834.00

C. Game and Fish Commission.

1969-70 ..--_-_-_-_.-...__._-_-_______...__......,,._..$ 3,297,034.00 1970-71 _.._...__........___..__.__.___.__....._.___.__$ 3,297,034.00

D. Georgia Commission for the Development of Chattahoochee River Basin.

1969-70 _.____.._.....____--__..-__-____$ 1970-71 ...._...._.._._.__.________...__.__$

6,710.00 6,710.00

E. Jekyll Island Committee.

1969-70 _-__---_____________________.__.__$ 1970-71 ._.._.._.__.__._.____ ___________.._._.__....$

400,000.00 400,000.00

F. Mineral Leasing Commission.

1969-70 __._._.__. -_.___...._._._..____________$ 1970-71 ...,,......_......._.__------___.__..._____....$

5,000.00 5,000.00

G. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.

(a) Regular Operation

TUESDAY, MARCH 18, 1969
1969-70 ----.--_-._--__..._,,__..__$ 1970-71 ,,______.___.__.._..--.-_.____._.__........._$

2209
386,403.00 386,403.00

(b) South Georgia Minerals Exploration and Re search.

1969-70 _..____._.,,..__,,_-.-...__.______.........,,______,,.___..______$ 1970-71 ....___-_---.-_----.___$

228,500.00 228,500.00

(c) Surface Mined Land Use Board.

1969-70 _-_-----_...-_~..______-_____-_...... $ 1970-71 _-----___.._-.--..____.._.__.$

75,500.00 75,500.00

H. North Georgia Mountains Commission.

1969-70 .----_-_....._. .._...--.-..-----..__-----...................--.I 1970-71 -.---,,_-----_-___--.-$

300,000.00 300,000.00

Provided that the total State salary of the Direc tor shall not exceed $24,000.00 per annum.

I. Ocean Science Center of the Atlantic.

1969-70 _------_-__...._.._..__----_._--.__.-.--_...$ 1970-71 ----.--.-- -_......____.._..._.....___....._...._$

909,508.00 909,508.00

J. Department of Parks.

(a) For general operation and development of State Parks.

1969-70 _..-__._..._......_._......._..._.__,,.._.._.__._.__...$ 1,750,128.00 1970-71 ,,_....._._...._..-___...._...____-_.-_..--__._$ 1,550,128.00

Provided, however, that of the above amounts, there shall be allocated for expenses of the State Council for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 197071.

Provided that no land shall be purchased for State park purposes without the approval of the State Prop erties Acquisition Commission.

(b) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Jekyll Island-State Parks Authority.

1969-70 ----.__._.._._..____.----___._._..._.$ 1,146,000.00 1970-71 _----...__.....__...._.._._______.___.$ 1,146,000.00

2210

JOURNAL OF THE HOUSE,

Provided that from the above appropriated amount, $0.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

(c) Capital Outlay--Authority Lease Rentals -- Annual Lease Payments to Stone Mountain Memorial Association.

1969-70 -------_-------$ 1,000,000.00 1970-71 ._.,,_.,,,,_.,,__,,- .,,__,,$ 1,000,000.00

(d) For Contract with Lake Lanier Island Develop ment Authority.

1969-70 ..._.-..._....-___--._-__._..__..-..-.....__-.....-.-......____..._.__-$ 1970-71 .........-.-..._-__...__._-_._....-.______.____-_..----....--.._--.?

108,194.00 108,194.00

K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Con servation Committee.

1969-70 ..-_-...._____--._.__.-._--_...-...-_,,.........._...._...___.___..__.? 1970-71 _-.-_,,_-_______--_-._........_-.-...__-._-._...___..__._-_----.$

409,548.00 409,548.00

L. Stone Mountain Memorial Committee. For op erating costs including costs of improvements by convict labor.

1969-70 __.-..-..___._-....___.._...__.__....-......._.-.________._._...__..-.$ 1970-71 ...,,_...._-_._,,.._._.....____-_.......-..,,.____.,,._..-__.__________?

175,000.00 175,000.00

CORRECTIONS
Section 37. Corrections, State Board of.
A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1969-70 - . . ---- -------------$ 12,198,498.00 1970-71 ____-_-____--------_--_-----------------$ 12,198,498.00
Provided that no funds appropriated in this section or otherwise available shall be used to pay a salary in excess of the director's salary, except salaries for phy sicians.
B. Capital Outlay--Authority Lease Rentals--An nual lease payments to Georgia Building Authority (Penal).

TUESDAY, MARCH 18, 1969

1969-70 .._-.-...___.___..-..-....-......___.-...--.....,,_----____.._._$ 1970-71 ._.._._...__._._....___._...___...._..........._._.._......._.._..._....$

Provided that from the above appropriated amount, $0.00 for the fiscal year 1969-70 is designated and com mitted to pay rentals to said Authority to permit the issuance of bonds to construct a maximum security prison, a work-release--pre-release center, and three specialized penal institutions.

Provided, further, that from the above appropri ated amount, $0.00 for the fiscal year 1970-71 is desig nated and committed to continue rental payments to said Authority for the construction specified for fiscal year 1969-70, plus an additional amount of $0.00 to permit the issuance of bonds to construct three addi tional specialized penal institutions.

Section 38. Pardons and Paroles, State Board of.

1969-70

__,,___,,._.,,.--___..__._.__,,._,,$

1970-71 -..__.,,. __^

._._._$

Section 39. Probation, State Board of. For the cost of operating the statewide Probation System, adminis tered by the State Board of Probation.
1969-70 -_-_-__..._._..______.__.__.._....---_.---________________..____.._.$ 1970-71 ....-.._.._._._.._.._._-........._.._..,,............_.__...._.....___....$

22ll 800,000.00 800,000.00
1,025,500.00 1,025,500.00 1,444,291.00 1,444,291.00

EDUCATION
Section 40. State Board of Education--Depart ment of Education.
A. For matching vocational rehabilitation funds in cooperation with the Federal government; for opera tion of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free text books for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholar ships, as provided by law; and for any other expense authorized by law, payable from the common school funds, including the cost of the Teachers' Retirement Employer contribution.
Provided that where teaching personnel are paid in whole or in part from funds other than State-local

2212

JOURNAL OF THE HOUSE,

funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employee contributions to the Teachers' Retirement System ap plicable to such salary.

1969-70 ......____________,,____..________...__.........$ 358,503,990.00 1970-71 ..._._.__._.__________.__._.___......___........_.$ 358,503,990.00

Provided that none of the funds appropriated above may be used to initiate or commence any new pro gram or project that would require operating funds or capital outlay funds beyond the present biennium, un less such program or project has been specifically au thorized by the General Assembly.

Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with fed eral funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated pro fessional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance coun selors, and other certificated professional personnel.

B. Capital Outlay--Authority Lease Rentals.

1969-70 .._-...-_-..___.._........_.._._....._..-........._..__._..__...$ 26,301,000.00 1970-71 .............-.........................-.--....-.-...-....................I 26,301,000.00

For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Au thority (Schools) in accordance with Lease Rental Con tracts; provided that from the above appropriated amounts, $0.00 in 1969-70 and $0.00 in 1970-71 is desig nated and committed for additional capital outlay pur poses, including lease rentals to said authority to permit the issuance of bonds to finance new projects. In said sum of $0.00 is included $0.00 now committed as an nual lease rental on contracts securing Series 1954A Bonds of the State School Building Authority now outstanding. In the event that the Georgia Education Authority (Schools) determines that it would be advis able for said Series 1954A Bonds to be funded or re-

TUESDAY, MARCH 18, 1969
funded and additional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part for that purpose; provided only, that the total annual obli gation assumed by the State Board of Education in con nection with the refunding bonds and bonds to finance additional construction shall not exceed $0.00; and pro vided further, that the total annual obligation assumed by the State Board of Education in connection with said bonds to finance additional construction shall not exceed $0.00.
In said sum of $0.00 is included $0.00 now com mitted as annual lease rental on contracts securing Se ries 1955 Bonds of the State School Building Authority now outstanding. In the event that the Georgia Educa tion Authority (Schools) determines that it would be advisable for said Series 1955 Bonds to be funded or refunded and additional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part for that purpose; provided only, that the total annual ob ligation assumed by the State Board of Education in connection with the refunding bonds and bonds to fi nance additional construction shall not exceed $0.00; and provided further, that the total annual obligation as sumed by the State Board of Education in connection with said bonds to finance additional construction shall not exceed $0.00.
Section 41. Educational Improvement Council.
1969-70 _,,____.__..--__...-...__......_.......-_._.__..........._$ 1970-1971 -_,,___,,,,.._...._..__ _,,,,.,,_ ___.__$
Section 42. Higher Education Assistance Commit tee.
1969-70 --_----_------_--._.----..$ 1970-71 ,,_____.__. .... __^__._____-.-_ ______,,$
Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, in cluding the payment of medical scholarships as autho rized by provision of the Georgia State Constitution.
1969-70 _ _ __.........._.._..............._.___.__._...._..._$ 1970-71 .............................--...--..-......--.......................I
Section 44. State Board of Regents.
A. The general cost of operation of the Board; for aid to the University System; for Annual payment of

2213
--0-- --0-- 294,888.00 294,888.00 201,726.00 201,726.00

2214

JOURNAL OF THE HOUSE,

$8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equipment for the University System; for the cost of Teachers' Retire ment Employer contributions. Provided that where per sonnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any employer contribution to the Teacher Re tirement System applicable to such salary.

1969-70 --__-. ^$ 132,402,726.00 1970-71 .....-.-..__..___.___._-_..,,.........__.___._....._..-._.-....,,..._$ 132,402,726.00

Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, dona tions, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropriation, the amounts of $15,836,500.00 in 1969-70 and $15,836,500.00 in 1970-71 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriations for lease rental, the amounts of $0.00 in 1969-70 and $0.00 in 1970-71 are designated and committed to pay rentals to the Geor gia Building Authority (University) to permit the is suance of new bonds to finance new projects. Pro vided none of the funds herein provided as capital out lay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the pro vision of the State Constitution, and shall, second, ap portion the remaining funds available to the various units to cover cost incident to the operation and develop ment of the University System. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evi denced in writing.

No part of this appropriation, nor any funds realized by the State Board of Regents of the Uni versity System, or any school or college from the Fed eral government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and from any other source of income shall be

TUESDAY, MARCH 18, 1969
available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further con tracts may be entered into not to exceed $750,000.00 per annum.

2215

B. Eugene Talmadge Memorial Hospital--State Board of Regents.
1969-70 ___.___.____..____.__..-___._________.____.___.___..______-_____.___-..$ 6,254,000.00 1970-71 _____________._____________.__________.-_-_-___-_______.$ 6,254,000.00

Section 45. State Scholarship Commission.
1969-70 ___.____.________._________._.___......__.-___.-_____.__....__.__..____.$ 1970-71 ________...____________._._......_...._______________._...___.__.________?

844,706.00 844,706.00

Section 46. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1969-70 ______________.__-____.____._...._____..______..__________________.______$ 1970-71 .___.___..__...___....____.._____.._________._.____._.-__________-__........_.$

347,000.00 347,000.00

HEALTH AND WELFARE
Section 47. Public Welfare, Department of Family and Children Services.
A. For the cost of operation of the State Welfare Programs.
1969-70 .................. ... ........_......_.......__._._.._....__________._______._.$ 3,385,050.00 1970-71 _________.__........_.________.___._._._._____._____._.________.__...___..____.$ 3,385,050.00
B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1969-70 __._.__..____._..____..._.__-_.._____.___...__._._-.._-.._.__......___.$ 15,511,836.00 1970-71 __._______________._______._______._____._.____...._-_.__-___...__._.__...$ 15,511,836.00
C. Benefits--AFDC Program. For matching fed eral funds to provide benefits to families with dependent children.
1969-70 . ........ . .._....__.__.._.,,....._...._..___.___-__..____.__ _._._,,...$ 11,716,743.00 1970-71 .._.__.........._ ... _..._............._.____._______......_.._.___.$ 11,716,743.00

2216

JOURNAL OF THE HOUSE,
D. Benefits--Division for Children and Youth, For other children and youth care as authorized by law.
1969-70 1970-71
Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the State Budget Bureau shall have authority to make such transfer, subject to ap proval by the Fiscal Affairs Subcommittees of the House and Senate.
E. Grants to Counties for administration and serv ices. For the cost of participating with the Federal government and counties in the administration of local welfare programs.
1969-70 1970-71
F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned deten tion centers.
1969-70 1970-71
Provided, however, the $0.00 allotted under this section for grants to county-owned detention centers shall be distributed to the several counties for operat ing expenses of the said centers without restriction.
G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Fac tory for the Blind.
1969-70 1970-71
Section 48. Department of Public Health.
A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).
1969-70 1970-71

1,239,021.00 1,239,021.00
9,390,900.00 9,390,900.00
6,101,400.00 6,101,400.00
45,000.00 45,000.00
4,110,000.00 4,110,000.00

TUESDAY, MARCH 18, 1969

2217

Provided that from the above appropriated amounts, $0.000 in 1969-70 and $0.00 in 1970-71 is desig nated an dcommitted to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

B. Battey State Hospital. For the cost of opera tion.

1969-70 ._.___-_.......___.._._.--___,,.--______________$ 3,608,400.00 1970-71 ..._.__..______-_--_-_____......__..._._,,_$ 3,608,400.00

C. Central State Hospital. For the cost of opera tion.

1969-70 __________________-__._.__.__._.._.$ 29,079,399.00 1970-71 ________________________________________________$ 29,079,399.00

D. Georgia Mental Health Institute. For the cost of operation.

1969-70 __________,,.____._____-______,,_____.______._.$ 4,762,364.00 1970-71 ._.....__._.___..____.._.___..__._________$ 4,762,364.00

E. Georgia Regional Hospital at Atlanta. For the cost of operation.

1969-70 ._.__....__...._..__._.-_......__....._...__-_____$ 3,772,160.00 1970-71 --____.._-__-_--_____._.._.__$ 3,772,160.00

F. Georgia Regional Hospital at Augusta. For the cost of operation.

1969-70 ........_..__.___.._-_.-.-_._.__...._....__...____$ 2,706,000.00 1970-71 _--_--____-______----_-__._..________...__.$ 2,706,000.00

G. Georgia Regional Hospitals at Columbus, Rome and Savannah. For the cost of development and opera tion.

1969-70 .....__..._...__.._..._.._.._._.._..._..___.______.$ 1970-71 -_._........_..__.__............._.._.__........__.__$

400,000.00 400,000.00

H. Georgia Retardation Center. For the cost of operation.

1969-70 ....__.._............_..____._____.____.______._________..__$ 3,638,405.00 1970-71 ___,,.________._________________.___$ 3,638,405.00

2218

JOURNAL OP THE HOUSE,

I. Gracewood State School and Hospital. For the cost of operation.

1969-70 1970-71

8,112,463.00 8,112,463.00

J. Medical Assistance Program. For the cost of operation.

1969-70 1970-71

21,052,337.00 21,052,337.00

K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and expended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retarda tion Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.

1969-70 __.._.__.____........___.._..___..__.__....._._._______.-...--....._....$ 1,000,000.00

1970-71

--,,-.--------,,.$ 1,000,000.00

L. Regular Operations. For the cost of operation.

1969-70 ______.._._..__.__..__.._.__._...._..........__......_.___._..._.........._.___._.$ 14,618,896.00 1970-71 ___.__.-__...._-_._-___......__................-.._-.............._____....$ 14,618,896.00

M. Southwestern State Hospital. For the cost of operation.

1969-70 ....^--.,,----------$ 5,564,166.00 1970-71 ....___._______.___...__..__.-............_-_..__..._...-_.___.__..___...._..$ 5,564,166.00

N. Water Quality Control Division. For the cost of operation.

1969-70 ___.___._._...._......_............

,,,,--_.-. $

1970-71 ,,-_-------. .........__.............__.______$

380,948.00 380,948.00

Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible recipients.

TUESDAY, MARCH 18, 1969
Section 49. State Nursing Home Board. For the cost of operation.
1969-70 .....-.-..._.-_......._,,.__._..._.__..____........-.-_-.........._____$ 1970-71 .....___-___..................._.........___--.-..__.----..__._____-___.$

2219
8,738.00 8,738.00

HIGHWAYS

Section 50. Highway Department. Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immedi ately preceding year, less the amount of refunds, re bate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

A. General Operations--For general administra tive cost of operating the Highway Department, in cluding equipment and compensation claims.

1969-70 -------------

_^.$ 127,983,737.00

1970-71 .----

_------___.-------- $ 127,983,737.00

B. Capital Outlay--Authority Lease Rentals.

1969-70

- ----___-__.___-______----_,,_-----$

1970-71 _---____----_---------------$

--0-- --0--

For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con nection with new projects approved by the Highway Department.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifi cally appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the

2220

JOURNAL OF THE HOUSE,

Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, how ever, that funds shall be allocated to matching all Fed eral aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 9010 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts es sential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department.

Maintenance and Betterments.

1969-70 -_-.-___.------.-------______-__,,-$ 1970-71 __..__.___.,,-._.__-_-__--------_.-.---..._--_---------_.___._-$

--0-- --0--

Planning and Construction.

1969-70 .,,__________..,,._.--..._......._.._..___.____________..._.$ 1970-71 _______________._._.......___.__._._...____._.$

--0-- -- 0--

D. Grants to counties. For grants to counties for aid in county road construction and maintenance.

1969-70 --_..-_........._.__------.__-_____._.__..........$ 4,817,013.03 1970-71 ......_..._.__._._--.._---_.-_-_...._..._.__..___.__..? 4,817,013.03

E. For grants to counties for aid in county road construction and maintenance.

1969-70 --_._._...___.._..._.......____.___.$ 4,500,000.00 1970-71 ....__....._._.._..-._-.-_.-___..__......._._._...._._._..._.$ 4,500,000.00

Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law.

The sum appropriated under E shall be distributed and disbursed to the various counties of the State by

TUESDAY, MARCH 18, 1969
the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.
F. Administrative Fees -- Administration Truck Weight Program.
1969-70 __---__-____-____--__.--_._---___--__.$ 1970-71 ...__---_.__--__----____.__-_~~_.$
G. Capital Outlay--Airport Development.
1969-70 -----_--__--,,--_--_--_-.____-_..__--.--._..$ 1970-71 .,,--...._..--_--_.-_--___-____-____-_.$

2221
--0-- --0-- --0-- --0--

OTHER
Section 51. Grants to Counties, Municipalities and School Systems.
A. Grants to Municipalities. For grants to munici palities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1969-70 ___._.,,.-___.----__,,_--_,,_-___$ 9,317,000.00 1970-71 ..._--__._____.._...-.-_-____.--__.._$ 9,317,000.00
Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this section have been expended in ac cordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to

2222

JOURNAL OF THE HOUSE,

determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

B. Grants to counties.

1960-70 --_-___________..-____._________________.___.$ 2,700,000.00 1970-71 -__.-_.-_...-.._-._,,.-..-._,,-__-....__...-_-.-.-_,,_-_-$ 2,700,000.00

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888).

C. Grants to municipalities.

1967-70 ---___-.-....._._-___........__-.___....._______........_.,.__-_...._-$ 3,700,000.00 1970-71 _.____.__ _______ --__.______.________...$ 3,700,000.00

For grants to municipalities in accordance with the Act approved April 21,1967 (Ga. Laws 1967, p. 889).

D. Grants to School Systems.

1969-70 __.-______.________.__.,,,,._._.._______.__,,..___.,,__.$

0.00

1970-71 _-_----___-----.__.__$

0.00

PART IV.

MISCELLANEOUS

Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expendi tures of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

1969-70 -...__-.-......-___........_--........_._________.....-_____........_-_$ 2,000,000.00 1970-71 --__---_-__________________._.________________.$ 2,000,000.00

Section 53. Working Reserve--High and Low In come periods.

1969-70 ___.__.________.___.______$

0.00

1970-71 ----___-..__-___-______._$

0.00

Section 54. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col-

TUESDAY, MARCH 18, 1969

2223

lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gaso line.

Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provisions, as amended, or ap propriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency, or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.

Section 56. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendations contained in the amended Budget Report submitted to the General Assembly at the regular 1969 session, except as other wise specified in this Act; provided, however, the Di rector of the Budget is authorized to make internal transfers within a budget unit between objects and pro grams subject to the conditions that no funds whatso ever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation, nor which would require oper ating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds what soever shall be transferred without the prior approval

2224

JOURNAL OF THE HOUSE,

of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representa tives in a meeting called to consider said transfers. This section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in this audit in which the expenditures of any department, bureau, board, commission, institution, or other agency of the State show transfers made in viola tion of this section. In those cases in which the afore said Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions pro vided hereinbefore for transfers.

Section 57. In the event it is determined by the Budget Bureau that the total funds in the State Treas ury in the fiscal year in which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific ap propriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation herein before made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

The amount of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved bud get allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION 1969-70 _.,,._,,,,.............$ 933,173,884.90 1970-71 _._________,,_____$

Section 58. All laws and parts of laws in conflict with this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB 77.

TUESDAY, MARCH 18, 1969

2225

The Committee of the Whole arose and through its Chairman reported HB 77 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee Substitute, as amended by the Committee of the Whole.

The following amendments were read and adopted:

The Committee of the Whole moves to amend Section 39 of HB 77r Committee substitute, by striking the amount $1,444,291.00 for 1969-70 and substituting in lieu thereof the amount $1,444,289.69; and by adding the following:

Provided that the allocations by objects in the Budget Report shall be changed to read as follows:

Personal Services .....__-.-_.-.-.-___-.,,-.__......__-.-..-.._--.,,-...__._.__... $ Operating Expenses _..,,_,,,,,,,,_,,,,_____,___,,

1969-70 1,230,333.00
213,956.6$

The Committee of the Whole moves to amend HB 77, Committee substitute,. follows:
By inserting at the end of subsection I of Section 36 the following:
"Provided, no capital outlay funds shall be expended to purchase additional land.".

The Committee of the Whole moves to amend HB 77, Committee substitute,. as follows:
Amend Section 37A of said Bill by striking the amount of" $12,198,498.00 for 1969-70 and substituting in lieu thereof the amount of $12,208,498.00; and by amending 37B by striking "$800,000.00" and inserting "$790,000.00.".

The Committee of the Whole moves to amend HB 77, Committee substitute, Section 44A by striking the amount of $132,402,726.00 for 1969-70 and substitut ing in lieu thereof the amount of $132,773,926.00; and
amend Section 44B by striking "$6,254,000.00" and inserting "$5,882,800.00".

The Committee of the Whole moves to amend HB 77, Committee substitute,. Section 57 by striking the figures "$933,173,884.90" and inserting in lieu thereof the figures "$933,173,883.59".

2226

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Egan of the 116th moves to amend Committee substitute to HB 77 by striking the last sentence of paragraph B of Section 51 and substituting the following:

"Grants to counties under this paragraph B shall be based on proportionate population according to the most recent federal census. Computation of individual county grants as provided for herein shall be prepared and certified by the State Treasurer who shall make such payments.".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Battle Bell Berry Bond Bostick Brantley, H. H. Brown, B. D. Buck Burruss Busbee Carnes Gates Cole Collins, S. Connell Cook Daugherty Davis, W. Dean, J. E. DeLong Dent Dodson Egan Ellis

Evans Ezzard Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill)

Lee, W. S. Levitas Longino Marcus Matthews, C. Maxwell McClatchey McDaniell Morris Northcutt Pinks ton Scarborough Shepherd Sherman Simkins Sims Thomason Thompson, A. W. Thompson, R. Townsend Westlake Whaley Wilkerson Wilson Winkles Wood

Those voting in the negative were Messrs.:

Anderson Ballard Barber Barfield Bennett

Black Blalock Bohannon Bo wen Brantley, H. L.

Bray Brooks Brown, C. Caldwell Cato

Chandler Clarke Collier Collins, M. Colwell Conger Crowe D ailey Davis, E. T. Dean, N. Dickinson Dixon Dorminy Douglas Edwards Floyd, J. H. Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harrison Holder Howell Hudson Hutchinson

TUESDAY, MARCH 18, 1969
Johnson Joiner Jones, C. M. Jordan, G. Keyton Knowles Lambert Lane, W. J. Lewis Lowrey Mason Matthews, D. R. Mauldin McCracken Melton Merritt Miles Milford Moate Moore Mullinax Murphy Nash Nessmith Odom Pafford Paris Parker, C. A. Parker, H. W.

2227
Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Shanahan Smith, J. R. Smith, V. T. Snow Sorrells Sweat Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Simmons

Those not voting were Messrs.

Conner Cooper Fallin Funk Hamilton

Harris, R. W. Leonard Miller Nunn Pickard

Poole Scarlett Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayeswere 80, nays 102.
The amendment was lost.
Mr. Wood of the llth stated that he had inadvertantly voted "aye" on the adoption of the amendment, but intended to vote "nay".

The Committee substitute, as amended, was adopted.

2228

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, W. Dean, J. E. Dean, N.

DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan
Ellis Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner

Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris

Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush

TUESDAY, MARCH 18, 1969
Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason

2229
Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Mr. Davis and Mr. Evans.

Those not voting were Messrs.:

Barfield Brantley, H. H. Funk

Hamilton Pickard Poole

Townsend Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 185, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Barfield of the 71st wished to be recorded as voting "aye" on HB 77, by substitute, as amended.

Mr. Pickard of the 84th stated that he had been called from the floor of the House when the roll was called, but had he been present would have voted "aye" on HB 77, by substitute, as amended.

2230

JOURNAL OF THE HOUSE,

Mr. Evans of the 81st stated that he had inadvertently voted "nay" but intended to vote "aye" on HB 77, by substitute, as amended.

By unanimous consent, HB 77, by substitute, as amended, was ordered immediately transmitted to the Senate.

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

WEDNESDAY, MARCH 19, 1969

2231

Representative Hall, Atlanta, Georgia Wednesday, March 19, 1969

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Joe Porterfield, Pastor, Tyson Memorial United Methodist Church, Moultrie, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business,. Wednesday, March 19, 1969, and submits the following:

HB 26. HB 199. HB 277.

Sub-Contractors Liability Employees Retirement System, Employ Retired Members Death Penalty, Abolish

2232

JOURNAL OF THE HOUSE,

HB 375. Hunting of Deer, Tree Stands HR 139-399. Old Governors Mansion, Disposal HB 412. Glass Doors, Require Safety Glass--PP HB 414. G.B.I., Transfer to The Department of Law HB 415. G.B.I., Certain Crimes, Submit Information HB 416. G.B.I., Attorney General Employ Necessary Agents HB 499. Ga. Office Building Authority, Security Guards HB 514. Boilers and Pressures Vessels, Installation HB 524. Georgia Meat Inspection Act--PP HB 529. Certain Counties, One Governing Authority HB 532. Appropriations, Department of Industry and Trade HB 540. Criminal Code, Protests and Demonstrations HR 194-557. State Parks, Acquisition of Sites HB 565. Justice of the Peace, Vacancies HB 573. Mobile Homes, City Permits HB 590. Juveniles, Same right of Bail as Adults--PP HB 603. Traffic Violations, Point System HB 610. Gas Transmission, Safe Installation HR 226-630. Henry Grady Hotel Property, Lease HB 641. Sales Tax, Counties Levy
HR 228-644. Sweetwater Valley, State Acquire Certain Property HB 653. Plumbing Contractors, Board of Examiners HR 234-682. Convey Property, Baldwin County HB 684. Land and Water Conservation Fund HB 736. Racing Commission, Fulton County HR 257-758. E. L. Lane Bridge HB 768. Urban Redevelopment Law HR 258-785. Chattahoochee Judicial Circuit Study Committee HB 804 Alcoholic Beverage, Licenses--Reconsidered HB 815. Convicts, Contract Work for Private Industry HR 273-825. Clinical Laboratories, Study Committee HB 852. Workman's Compensation Hearings, Testimony HB 853. Mineral Leasing Commission, Leases HB 866. Posting of Bond, Court of Competent Jurisdiction

WEDNESDAY, MARCH 19, 1969

2233

HR 304-889. Sales Tax, Suspend Bibles HR 305-889. Sales Tax, Suspend Non-Profit Hospitals HR 306-889. Sales Tax, Suspend Personal Property HR 310-905. Convey Land, Dougherty County HB 953. Scholarship Commission, Student Aid Program HB 954. Higher Education, Student Loans HB 971. Groveland Lake Development Authority, Create SR 10. Constitution Revision Commission SB 69. Judges and District Attorney, Retirement System SB 125. Guardian, Spouse Has Preference in Appointment SB 162. Atlanta Rapid Transit Authority, Contract With SB 182. County Bonds, Proceeds Investment SB 184. Trust Funds, Investments by Trustees

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of 61st,
Vice-Chairman.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1001. By Messrs. DeLong and Sherman of the 80th, Simkins and Maxwell of the 78th:
A Bill to be entitled an Act to provide that the sheriff and the govern ing authority of certain counties shall approve all licenses to sell alco holic beverages in the unincorporated areas of such counties; and for other purposes.
Referred to the Committee on Temperance.

HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th:
A Bill to be entitled an Act to amend Code Sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide certain exemptions for motor fuel of a type other than gaso line used for non-highway purposes; and for other purposes.
Referred to the Committee on Ways and Means.

2234

JOURNAL OP THE HOUSE,

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1003. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1004. By Mr. DeLong of the 80th: A Bill to be entitled an Act to provide that credit investigating com panies must furnish certain information to persons they investigate; to provide that such persons may file rebuttal information; to provide for certain immunities from certain civil liabilities; to provide for penalties for violations of this Act; and for other purposes.
Referred to the Committee on Industry.
HB 1005. By Messrs. Mason and Nash of the 13th: A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the provisions relating to audits; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:
HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the compensation of the mayor and city commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Dougherty County, so as to change the compensation of the chairman and members of the board; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, MARCH 19, 1969

2235

HB 1008. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referendum; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1010. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act creating the North Geor gia Mountains Authority, so as to further define the term "project", as used in said Act; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 1012. By Mr. Farmer of the 16th: A Bill to be entitled an Act to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1013. By Mr. Conger of the 68th: A Bill to be entitled an Act to provide that in the event the General Assembly shall be convoked into Extraordinary Session by the Governor during the 1969 calendar year, the expenses of said session shall be met from funds appropriated and available to the Executive Depart ment and not from funds appropriated to the Legislative Branch of government; and for other purposes.
Referred to the Committee on Rules.
HB 1014. By Mr. Conger of the 68th: A Bill to be entitled an Act to amend Code Section 47-107, relating to the per diem and mileage of members of the General Assembly, so as to provide for an additional allowance for members of the General As sembly; and for other purposes.
Referred to the Committee on Rules.
HR 357-1014. By Messrs. Barber of the 15th, Smith of the 43rd, and Busbee of the 61st: A Resolution to create the Education Study Commission; and for other purposes.
Referred to the Committee on Rules.

2236

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 992. By Messrs. Farmer and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allow ance for the prisoners confined in the county jail; and for other pur poses.

HB 993. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levying of a motor fuel tax and certain exemptions therefrom, so as to place a motor fuel tax on certain motor fuel on the same basissuch tax is placed on gasoline; and for other purposes.

HB 994. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compen sation and method of fixing the compensation of the Sheriff; and for other purposes.

HB 995. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code of Georgia of 1933, relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.

HB 996. By Messrs. Farmer and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens) so as to provide for a special investigator; to provide for his qualifications; and for other purposes.
HB 997. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
HR 348-997. By Messrs. Maxwell, Miles and Simkins of the 78th, Snow of the 1st, Clarke of the 33rd, DeLong of the 80th, Dent and Connell of the 79th:
A Resolution designating The Augusta Opera Company as the official "Georgia State Opera Company"; and for other purposes.

WEDNESDAY, MARCH 19, 1969

2237

HR 349-997. By Messrs. Geisinger of the 72nd and Cook of the 95th:
A Resolution designating the Southern Regional Opera, Inc., as the of ficial opera company of the State of Georgia; and for other purposes.

HR 350-997. By Messrs. Hutchinson of the 61st and Parker of the 44th:
A Resolution creating the Teacher-Pupil Ratio Study Committee; and for other purposes.

HB 998. By Messrs. Moate of the 28th, Conger of the 68th, Parker of the 44th, Townsend of the 115th, Mason of the 13th, Lambert of the 25th and Potts of the 30th:
A Bill to be entitled an Act to create a State Racing Commission; and for other purposes.

HB 999. By Mr. Lee of the 61st:
A Bill to be entitled an Act to create the Policy and Evaluation Com mittee for Electronic Data Processing; and for other purposes.

HB 1000. By Messrs. Collier of the 54th and Lee of the 61st:
A Bill to be entitled an Act to authorize and direct the Commissioner of Agriculture to require by appropriate rules and regulations that all poultry sold in Georgia which is not Federally inspected be identified and labeled as such by a mark which shall be easily recognizable by any purchaser; and for other purposes.

HR 352-1004. By Messrs. Gary and Lee of the 21st: A Resolution authorizing the conveyance of certain real property lo cated in Clayton County, Georgia, to the City of Atlanta; and for other purposes.
SB 62. By Senators Holley of the 22nd and Padgett of the 23rd: A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to exclude from said Act certain Solicitors of city courts of this State; and for other purposes.
SB 93. By Senator Chapman of the 32nd: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; and for other purposes.

2238

JOURNAL OF THE HOUSE,

SB 189. By Senators Walling of the 42nd, Plunkett of the 30th, and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and the State Highway Department, so as to provide for the negotiation of contracts by the State Highway Director and the State Highway Department; and for other purposes.

SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, and others:
A Resolution proposing an amendment to the Constitution so as to ex empt from any and all ad valorem taxation the homestead of each resi dent of the State of Georgia who is 65 years of age or older and whose gross income for income tax purposes for the immediately preceding tax year was less than $4,000; and for other purposes.

Mr. Murphy of the 19th, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SB 226. Do Pass as amended. SB 194. Do Pass. SR 84. Do Pass as amended. HB 629. Do Pass.
Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the folllowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, MARCH 19, 1969

2239

HE 400. Do Pass by Substitute.

Respectfully submitted, Barber of the 15th, Chairman.

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
SB 238. Do Pass. HR 334. Do Pass.
Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 337. Do Pass. HR 338. Do Pass. HB 921. Do Pass. SB 246. Do Pass.

Respectfully submitted, Harris of the 77th, Chairman.

2240

JOURNAL OF THE HOUSE,

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 699. Do Pass as Amended. HB 831. Do Pass. HB 860. Do Pass. HB 890. Do Pass. HB 911. Do Pass as Amended. HB 912. Do Pass as Amended. HB 920. Do Pass as Amended. HB 956. Do Pass. HB 970. Do Pass. HB 972. Do Pass. HB 973. Do Pass. HB 974. Do Pass. HB 975. Do Pass. HB 976. Do Pass. HB 977. Do Pass. HB 978. Do Pass. HB 979. Do Pass. HB 980. Do Pass. HB 981. Do Pass. HB 982. Do Pass. HB 983. Do Pass. HB 984. Do Pass. HB 985. Do Pass. HB 986. Do Pass. HB 987. Do Pass. HB 991. Do Pass. HB 992. Do Pass. HB 994. Do Pass.

WEDNESDAY, MARCH 19, 1969

2241

HB 995. Do Pass. HB 996. Do Pass. HB 997. Do Pass. SB 255. Do Pass. SB 267. Do Pass. HB 900. Do Pass.

Eespectfully submitted, Clarke of the 33rd, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 759. Do Pass. HR 330. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bill and Resolution of the House and Senate and has in structed me as Chairman, to report the same back to the House with the follow ing recommendations:

HR 298-851. Do Pass.

SB 146.

Do Pass as Amended.

Respectfully submitted, Chandler of the 34th, Chairman.

2242

JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th, Chairman of the Committee on State of Repub lic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 988. Do Not Pass. HB 410. Do Pass as Amended.

Respectfully submitted, McCracken of the 36th, Chairman.

Mr. Paris of the 14th, Chairman of the Committee on Temperance, submit ted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me as Chairman to report the same back to the House with the following recommendations:
HB 998. Do Pass.
Respectfully submitted, Paris of the 14th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committe on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 862. Do Pass. HB 863. Do Pass. HB 864. Do Pass. HB 865. Do Pass.

WEDNESDAY, MARCH 19, 1969

2243

HR 339-962. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Harrington of the 34th, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 620. Do Pass.
Respectfully submitted, Harrington of the 334th, Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 831. By Messrs. Knowles of the 32nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act placing the district at torney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918, as amended, so as to abolish the annual salary of said judicial circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

2244

JOURNAL OF THE HOUSE,

HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th, Jones of the 87th, Ellis of the 91st and Funk of the 92nd:
A Bill to be entitled an Act to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, approved February 23, 1956, as amended, so as to provide that em ployees of Chatham County shall be afforded an opportunity to elect three members to the said Civil Service Board, which three members shall be in addition to the present membership thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 972. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act authorizing Gwinnett County and the gov erning authority thereof to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 979. By Messrs. Poole, Roach and Harris of the 10th:
A Bill to be entitled an Act to provide for appointment of the Pickens County School Superintendent by the Board of Education of Pickens County; to provide for all matters relative thereto; to provide a ref erendum; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 19, 1969

2245

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 973. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved February 27, 1953, as amended, so as to limit the amount of fine imposed for violation of city ordi nances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 974. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act authorizing Gwinnett County and the gov erning authority thereof to appoint a Merit System Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 970. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, and creating a new Charter and municipal government for said corporation, approved Au gust 7, 1915, as amended, so as to change the salaries of the mayor and councilmen thereof; and for other purposes.

2246

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 975. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Commissioners of Mitchell County; to provide for a depository; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for the County of Walker, approved February 10, 1939, etc., so as to authorize an automobile for the use of

WEDNESDAY, MARCH 19, 1969

2247

the commissioner in conducting the official duties of his office; to pro vide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 976. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to change the compensation of the sheriff and the clerk of the superior court in certain counties; to authorize the clerk of the superior court in certain counties to appoint a chief deputy; to fix the compensation of the chief deputy of the clerk of the superior court in certain counties; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 977. By Mr. Hargrett of the 58th: A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, ap proved December 15, 1937, as amended, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

-2248

JOURNAL OP THE HOUSE,

SB 983. By Messrs. Harris, Levitas, Farrar and Thomason of the 77th, Jordan of the 74th and others:
A Bill to be entitled an Act to amend the charter of the City of Avondale Estates so as to modify and expand the limits of such city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, approved December 8, 1893, as amended, etc., so as to increase the corporate limits of the City of Newnan, etc.; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960, as amended, so as to change the provisions for paying the salaries of sheriff's deputies and jailers, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

WEDNESDAY, MARCH 19, 1969

2249

The Bill, having received the requisite constitutional majority, was passed.

HB 986. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Grady County, etc.; to provide that all fees, etc. of each of said officers shall become the property of the county, etc.; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act incorporating and granting a charter to the City of Lula, approved March 7, 1956, as amended, so as to authorize the mayor and council to fix the compensation of offi cers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 991. By Messrs. Holder and Anderson of the 49th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Telfair County, approved December 29, 1937, etc.; so as to change the compensation of the tax commissioner of Telfair Coun ty; to provide that all monies, etc. shall become the property of the county, etc.; to provide for periodic statements; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2250

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 255. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an an nual salary, approved April 2, 1963, as amended, so as to change the compensation of the clerk of the Superior Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 267. By Senator McGill of the 24th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Wilkes County; to provide for severability; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 911. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.

The following Committee amendment was read and adopted:

WEDNESDAY, MARCH 19, 1969

2251

The Committee on Local Affairs moves to amend HB 911 as follows:

By striking in its entirety Section 1 and substituting in lieu thereof a new Section 1 to read as follows:

"Section 1. In all counties in this State having a population of not less than 120,000 nor more than 140,000, according to the 1960 United States decennial census or any such future census, the compensation of all permanent county employees whose salary is fixed by the General Assembly and who have been in the employ ment of the county for at least 12 months shall be increased by the rate of $30.00 per month for each employee, effective April 1, 1969. The compensation of all permanent part-time county employees whose salary is fixed by the General Assembly and who have been in the employment of the County for at least 12 months shall be increased by the rate of $15.00 per month for each employee, ef fective April 1, 1969."

And, by striking from Section 2 the word "not".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 912. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to fix the compensation of certain elected officials in certain counties; and for other purposes.

The following Committee amendment was read and adopted: The Local Affairs Committee moves to amend House Bill 912 as
follows: By striking from Section 1 the following: "(g) Solicitor of the City Court .___,,_____,,___,,________$11,500"
and substituting in lieu thereof the following: "(g) Solicitor of the City Court ._...._.._......._.._._._....._....__.._$10,800".

2252

JOURNAL OF THE HOUSE,

And, by adding at the end of Section 1 the following:

"(k) Chairman of the Board of Commissioners .____---$6,0

(1) County Commissioners _________________________________._$3,600".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 920. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.

The following Committee amendment was read and adopted: The Local Affiars Committee moves to amend House Bill 920 as
follows: By striking from quoted Section 3, which Section is quoted in
Section 1 of said bill, the following: "54 Patrol Deputies"
and substituting in lieu thereof the following: "46 Patrol Deputies".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, MARCH 19, 1969

2253

HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A Bill to be entitled an Act to create the DeKalb Comity Coliseum Au thority; to provide for all procedures, requirements and other matters connected therewith; and for other purposes.

The following Committee amendments were read and adopted:
The Local Affairs Committee moves to amend House Bill No. 699 as follows:
By striking from the title the following:
"to authorize DeKalb County to contract with the Authority with respect to its undertakings;",
and inserting in lieu thereof the following:
"to authorize DeKalb County to expend public funds, not to ex ceed a certain amount, for organizational expenses of the Authori ty and for a feasibility study;".
By striking Section 28 in its entirety and substituting in lieu thereof a new Section 28 to read as follows:
"Section 28. Organizational Expenses; Feasibility. Study. De Kalb County is hereby authorized to expend public funds, not to exceed the total amount of $20,000, derived from any lawful source to defray the organizational expenses of the Authority and to fi nance the cost of a feasibility study with respect to the undertakings authorized by this Act to develop and promote recreational facili ties within said county."
The Local Affairs Committee moves to amend House Bill 699 as follows:
By adding at the end of Section 26 the following sentence:
"The tax exemption herein provided shall not include any ex emption from sales and use tax on property purchased by the Au thority or for use by the Authority."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

2254

JOURNAL OP THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 860. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Harris County on a salary system in lieu of a fee system, so as to pro vide that the number of deputies shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; and for other purposes.

The following amendment was read and adopted:
Mr. Phillips of the 38th moves to amend HB 860, as follows:
By striking quoted Section 4 of Section 2 in its entirety and insert ing in lieu thereof a new quoted Section 4, to read as follows:
"Section 4. Two radio equipped automobiles, expenses for the maintenance thereof, including gas and oil consumed, used for county business, all necessary office expenses, rent, supplies, utili ties, and materials, and all actual expenses for hotel, meals, and travel, when out of the county on county business, shall be fur nished by Harris County to the sheriff of said county. The sheriff shall have an allowance for uniforms not to exceed $500.00 for each uniformed deputy for the year 1967, and not to exceed $150.00 for each uniformed deputy for each year thereafter. The sheriff shall also have an allowance for uniforms not to exceed $500.00 for the first year for each new or additional uniformed deputy, and not to exceed $150.00 for each such deputy for each year thereafter. The sheriff shall consult with the governing authority of the county prior to purchasing any uniforms, and the governing authority shall pay for any such uniforms purchased upon itemized bills being submitted and certified by the sherif. All such uniforms shall be and remain the property of the county. No other personal equipment shall be furnished. In the event the radio equipped au tomobiles as provided above have traveled 85,000 miles or more, the governing authority of Harris County shall replace either or both of the automobiles which have exceeded such maximum mile age limitation."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, MARCH 19, 1969

2255

HB 978, By Messrs. Poole, Roach and Harris of the 10th:
A Bill to be entitled an Act to create the Pickens County Water and Sewer Authority; and for other purposes.

The following amendment was read and adopted: Mr. Roach of the 10th moves to amend HB 978 by adding at the
end of Section 26 the following: "The tax exemption herein provided shall not include any exemp
tion from sales and use tax on property purchased by the Authority or for use by the Authority".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 980. By Messrs. Poole, Roach and Harris of the 10th: A Bill to be entitled an Act to create the Tate Water and Sewer Au thority; and for other purposes.
The following amendment was read and adopted: Mr. Roach of the 10th moves to amend HB 980 as follows:
By adding at the end of Section 26 the following: "The tax exemp tion herein provided shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, nays 0.

2256

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th, Miles and Maxwell of the 78th:
A Bill to be entitled an Act to provide for an associate judge of the city court of certain counties; to repeal conflicting laws; and for other purposes.

The following amendments were read and adopted: Mr. Connell of the 79th moves to amend HB 900 as follows:
By striking from Section 1 the following: "for a term of office of four years and until his successor is
duly appointed and qualified." and substituting in lieu thereof the following:
"to serve until December 31, 1970.".

Mr. DeLong of the 80th moves to amend HB 900 as follows:
By striking the last sentence of Section 1 in its entirety and in serting in lieu thereof one sentence to read as follows:
"Such associate judge shall receive the amount of thirty dol lars ($30.00) for each day of presiding as herein provided; said compensation shall be paid from the funds of the counties in which such courts are located.".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber Barfield Bohannon Bostick

Bowen Carnes Cato Clarke

Colwell Connell Dean Dent

Edwards Ellis Fallin Felton Gaynor Harris, J. R. Hawes Horton Hutchinson
Joiner Jones, C. M. Keen Knowles
Kreeger

WEDNESDAY, MARCH 19, 1969

2257

Lambert Lane, W. J. Lee, W. S. Le vitas
Lowrey Marcus Mason Matthews, D. R.
Maxwell McClatchey McCracken
Miles Milford Miller

Murphy Nash Nunn Paris Parker, H. W.
Peters Peterson
Roach Salem Simkins Sorrells Thompson, A. W. Thompson, R.

Those voting in the negative were:

Adams Battle Berry Black Collins, S. Crowe Dailey Davis, E. T. Davis, W. DeLong Dickinson Dodson Ezzard Farrar Floyd, L. R. Funk

Gignilliat Grahl Graves Higginbotham Hill, G. Hood Johnson Jones, Herb Jones, M. Jordan, H. S.
Knapp Lane, Dick Leonard Mauldin McDaniell Morris

Parker, C. A. Rainey Reaves Ross Rush Shanahan Shepherd
Sims Smith, J. R.
Sweat Toles Townsend Westlake
Whaley Wheeler, Bobby Winkles

Those not voting were Messrs:

Alexander Anderson Atherton Ballard Bell Bennett Blalock
Bond Brantley, H. H. Brantley, H. L. Bray
Brooks Brown, B. D. Brown, C.
Buck Burruss Busbee

Caldwell Gates Chandler
Cole Collier Collins Conger Conner Cook Cooper Daugherty Dean, J. E. Dixon Dorminy Douglas Egan Evans

Farmer Floyd, J. H.
Gary Geisinger Gunter Hadaway Hale Hamilton
Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Hill, B. L.
Holder Housley

2258

JOURNAL OF THE HOUSE,

Howell Hudson Jordan, G. Keyton Lee, W. J. (Bill) Lewis Longino
Matthews, C. Melton Merritt Moate Moore Mullinax Nessmith Northcutt

Odom Pafford Patterson Phillips, G. S. Phillips, L. L. Phillips, W. E. Pickard Pinkston Poole Potts Rowland Russell Scarborough Scarlett Sherman

Simmons Smith, V. T. Snow Thomason Vaughn Wamble Ware Wheeler, J. A. Wilkerson Williams Wilson Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 53, nays 48.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Connell of the 79th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 900, as amended.

The following Resolutions of the House were read and referred to the committees:

HR 353. By Messrs. Dean of the 19th and McDaniell of the 117th:
A RESOLUTION
Creating the Junked Motor Vehicles Study Committee; and for other purposes.
WHEREAS, the problem of junked motor vehicles along the rights of way of the roads and highways of this State and property adjacent thereto is becoming more acute; and
WHEREAS, more and more junked motor vehicles are being found in the yard of private residence and on private land which can be seen from the roads and highways of this State; and
WHEREAS, a study needs to be made to seek ways and means of controlling this problem.

WEDNESDAY, MARCH 19, 1969

2259

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Junked Motor Vehicles Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker. The Commit tee shall study the entire problem relative to junked motor vehicles and shall seek ways and means of solving this problem. The Committee shall study the laws of other states in connection with this problem and shall determine how such laws are administered in such other states. The members shall receive the allowances authorized for legislative members of legislative interim committees but shall receive the same for not more than 15 days. The funds necessary to carry out the pur poses of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before De cember 1, 1969, on which date the Committee shall stand abolished.
Referred to the Committee on Highways.

HR 354. By Mr. Busbee of the 61st:
A RESOLUTION
Amending the Rules of the House so as to add to the Standing Committees of the House a Committee on Retirement; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 209 is amended as follows:
By adding after the following:
"26. Welfare."
the following:
"27. Retirement."
Referred to the Committee on Rules.

HR 355. By Messrs. Dean of the 19th and Ware of the 30th:
A RESOLUTION
Creating the Aviation Study Committee; and for other purposes. WHEREAS, the aviation industry is fast becoming the largest in dustry in the State of Georgia; and
WHEREAS, the General Assembly recently enacted legislation cre ating the State Department of Air Transportation; and

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JOURNAL OF THE HOUSE,

WHEREAS, it is important that the members of the General As sembly meet their responsibilities by staying abreast of the needs and developments in the area of air transportation and aviation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Aviation Study Committee, to be composed of ten members of the House of Repre sentatives chosen by the Speaker. The Committee shall meet with the Director of the Aviation Division of the Department of Industry and Trade for the purpose of reviewing the developments of the aviation industry in general. The Committee is further authorized to meet with the Board and Director of the State Department of Air Transportation when appointed. The Committee is also authorized to meet with officials of the Georgia Civil Air Patrol. The Committee is hereby authorized to attend aviation meetings and functions both within and without the State of Georgia in order to promote the aviation industry of Georgia. The members of the Committee shall receive the expenses and allow ances authorized to members of interim legislative committees, but shall receive the same for no more than fifteen days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the govern ment. The Committee shall make a report of its findings and recom mendations, which report shall be submitted to the Clerk of the House for printing, on or before December 31, 1969, at which time the Com mittee shall stand abolished.
Referred to the Committee on Rules.

The following Resolution of the House was read and adopted:

HR 356. By Mr. Rainey of the 47th:
A RESOLUTION
Welcoming Mrs. Joy Berlemann, "Mrs. U. S. Savings Bonds", 1969; and for other purposes.
WHEREAS, Mrs. Joy Berlemann of University Park, New Mexico was selected as the llth "Mrs. U. S. Savings Bonds" for the year 1969, during the Mrs. America Pageant in Minneapolis; and
WHEREAS, Mrs. Berlemann serves as a Goodwill Ambassador for the United States Savings Bonds Program; and
WHEREAS, Mrs. Berlemann will travel thousands of miles as part of a year long nationwide mission to help the United States Treasury Department promote the sale of Savings Bonds and Freedom Shares; and
WHEREAS, Mrs. Berlemann during her reign as "Mrs. U. S. Sav-

WEDNESDAY, MARCH 19, 1969

2261

ings Bonds" for 1969 will encourage every American to "Take Stock In America" through Savings Bonds and Freedom Shares; and

WHEREAS, a sound and stable economy is essential to a strong America and this fact is the urgent concern of business, industry, labor, management, government and consumer alike; and

WHEREAS, this lovely lady and outstanding citizen has graciously consented to appear before the House of Representatives.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend the warmest welcome and best wishes to Mrs. Joy Berlemann, "Mrs. U. S. Savings Bonds" for 1969.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this resolution to Mrs. Joy Berlemann, and to the United States Treasury Department, Savings Bond Division.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 82-219. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th, and Jones of the 59th:
A Resolution creating the Georgia Coastal Islands Study Committee; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

HR 178-462. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 1st and Miller of the 83rd:
A Resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

2262

JOURNAL OF THE HOUSE,

HB 117. By Mr. MeClatchey of the 113th:
A Bill to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.

HB 144. By Mr. Pafford of the 64th:
A Bill to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, so as to autho rize the State Depository Board to name and appoint as State Deposi tories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.

HB 333. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to amend an Act exempting the compensation received by cer tain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.

HB 613. By Messrs. Thompson of the 86th, Jones and Buck of the 84th, Thomp son of the 85th, Davis of the 86th, and Berry of the 85th:
A Bill to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.

HB 239. By Mr. Brown of the 32nd:
A Bill to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for any act or omission to act within the scope of his duties or activities except under certain circumstances; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 17-37. By Mr. Mauldin of the 12th:
A Resolution compensating Mr. John M. McCall; and for other pur poses.

WEDNESDAY, MARCH 19, 1969

2263

HR 22-37. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Resolution compensating Mr. James W. Morgenthaler; and for other purposes.

HR 57-128. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution compensating Mr. E. M. Moss; and for other purposes.
HR 83-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Ben W. Butts; and for other purposes.
HR 84-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Buford Little; and for other purposes.
HR 95-276. By Mr. Pallin of the 63rd: A Resolution compensating Mr. Vernon F. Holloman; and for other purposes.
HR 123-329. By Mr. Colwell of the 5th: A Resolution compensating M. A. Giles; and for other purposes.
HR 225-629. By Mr. Vaughn of the 74th: A Resolution compensating Mrs. Eleanor Francis; and for other pur poses.

HR 229-650. By Mr. Harris of the 77th: A Resolution compensating Mr. J. L. Blackstock; and for other purposes.

HR 230-650. By Mr. Burruss of the 117th: A Resolution compensating Mrs. Betty Smith; and for other purposes.

HR 232-656. By Mr. Brooks of the 17th:
A Resolution compensating Mrs. Hollis Carrington; and for other pur poses.

2264

JOURNAL OF THE HOUSE,

HR 233-656. By Mr. Brooks of the 17th: A Resolution compensating Mr. J. A. Akins; and for other purposes.

HR 235-682. By Mr. Paris of the 14th: A Resolution compensating Donald L. Wall; and for other purposes.

HR 236-682. By Mr. Lane of the 44th:
A Resolution compensating Mr. John R. Lanier; and for other pur poses.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 109. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes, and any other consensual trans actions of certain disabled veterans shall be valid and binding; and for other purposes.

SB 129. By Senator London of the 50th:
A Bill to authorize certain counties to establish and maintain a law library for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties; to repeal conflicting laws; and for other purposes.

SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and Starr of the 44th:
A Bill to amend Code Section 23-1704, relating to the bonds required of contractors contracting with the county, as amended, so as to pro vide that the requirements of certain Code Sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $1,500; and for other purposes.

SB 202. By Senator Hensley of the 33rd:
A Bill to amend Code Title 13 known as the "Banking Law" of Georgia, as amended, so as to remove the provisions relating to private banks and bankers; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 19, 1969

2265

SB 222. By Senator Holloway of the 12th:
A Bill relating to establishment of a FAIR Plan to make essential property insurance available to all qualified applicants; to repeal con flicting laws; and for other purposes.

SB 231. By Senator Spinks of the 9th:
A Bill to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; to repeal a specific law; to provide an effective date; and for other purposes.

SB 248. By Senator Doss of the 52nd:
A Bill to amend Title 56 of the Code of Ga., relating to insurance, as amended, so as to delete the exception "that a spouse may effectuate such insurance upon the other spouse"; and for other purposes.

SB 276. By Senator Coggin of the 35th:
A Bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, approved March 9, 1937, as amended, so as to pro vide honorary drivers' licenses for the spouses of certain disabled vet erans; and for other purposes.

The Senate has passed by the requisite constitutional majority, the following Bills of the House, to-wit:

HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th:
A Bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint plan ning facilities, so as to clarify that municipalities have the authority to zone property within their corporate limits, and counties have the authority to zone property within the unincorporated areas of the county; and for other purposes.

HB 609. By Mr. Jones of the 59th:
A Bill to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwith standing the question of the dependency of the next of kin upon the decedent for support; and for other purposes.

2266

JOURNAL OF THE HOUSE,

HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Jones of the 87th, Battle of the 90th and Gignilliat of the 89th:
A Bill to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a population of 150,000 and not more than 500,000, the term "Municipality" used in said Act shall also mean "County"; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 107. By Senators Smith of the 18th and Adams of the 26th:
A Resolution creating the Revenue Bond Study Committee; and for other purposes.

SR 102. By Senator London of the 50th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit:

SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A Bill to authorize the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of pre school age; to repeal conflicting laws; and for other purposes.

SB 277. By Senator Maclntyre of the 40th:
A Bill to amend Code Section 40-802, relating to the objects and pur poses of the Department of Archives and History, so as to change the provisions relating to the destruction of records and the central deposi tory; to repeal conflicting laws; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

HB 643. By Messrs. Ware, Mullinax, Blalock, of the 30th, Longino of the 98th, and others:
A Bill to authorize residents of the State of Georgia to purchase shot-

WEDNESDAY, MARCH 19, 1969

2267

guns and rifles from persons in states contiguous to the State of Georgia under certain conditions; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

HR 144-444. By Mr. Vaughn of the 74th:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 534, By Mr. Brantley of the 52nd:
A Bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th and others:

A Bill to amend Title 34 of the Code of Georgia of 1933, so as to

provide that when the last day for the exercise of a privilege or duty

shall fall on a Saturday, the next succeeding business day shall be

the last day for the exercise of such privilege or duty; and for other

'

purposes.

HB 611. By Mr. Matthews of the 63rd:
A Bill to repeal an Act known as the "Georgia Agricultural Commodi ties Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968: and for other purposes.

The Senate has adopted, as amended, by the requisite constitutional majority the following- Resolution of the House, to-wit:

HR 251-705. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th and others:
A Resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.

2268

JOURNAL OF THE HOUSE,

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 215. By Senator Coggin of the 35th:
A Bill to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial, and certain post-trial procedures in Civil cases; and for other purposes.

SB 268. By Senator Rowan of the 8th:
A Bill to amend an Act making provisions for licensure of applied psy chologists, through a State Board of Examiners of Psychologists, ap proved Feb. 21, 1951, as amended, so as to change the definition of the practice of applied psychology; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 250. By Senator Walling of the 42nd:
A Bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; to provide for judgment to repeal conflicting laws; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A Bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bill of the House, to-wit:

HB 385. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to provide that the Attorney General shall be vested with au thority and jurisdiction in matters of law relating to State Authori ties; and for other purposes.

WEDNESDAY, MARCH 19, 1969

2269

The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others:
A Bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate -were read the first time and referred to the committees:

SR 102. By Senator London of the 50th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 107. By Senators Smith of the 18th and Adams of the 26th:
A Resolution creating the Revenue Bond Study Committee; and for other purposes.
Referred to the Committee on Rules.

SB 109. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to be entitled an Act to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall be valid and binding; and for other purposes.
Referred to the Committee on Judiciary.

SB 129. By Senator London of the 50th:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judge, district attorneys, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Special Judiciary.

2270

JOURNAL OF THE HOUSE,

SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and Starr of the 44th:
A Bill to be entitled an Act to amend Code Section 23-1704, relating to the bonds required of contracts contracting with the county, as amend ed, so as to provide that the requirements of certain Code Sections shall not apply to the building or repairing of any public bridge, build ing, or other work when the same can be done at a less cost than $1,500; and for other purposes.
Referred to the Committee on Highways.

SB 202. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia, as amended, so as to remove the provisions relating to private banks and bankers; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 215. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and moderniz ing pre-trial, trial and certain post-trial procedures in Civil cases; and for other purposes.
Referred to the Committee on Judiciary.

SB 222. By Senator Holloway of the 12th:
A Bill to be entitled an Act relating to establishment of a Fair Plan to make essential property insurance available to all qualified applicants; and for other purposes.
Referred to the Committee on Insurance.

SB 231. By Senator Spinks of the 9th:
A Bill to be entitled an Act to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; and for other purposes.
Referred to the Committee on Industry.

SB 248. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to delete the exception "that a spouse may effectuate such insurance upon the other spouse"; and for other pur poses.
Referred to the Committee on Insurance.

WEDNESDAY, MARCH 19, 1969

2271

SB 268. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act making provision for the licensure of applied phychologists through a State Board of Examiners, so as to change the definition of the practice of applied psychology; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A Bill to be entitled an Act to authorize the State Department of Edu cation and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of preschool age; and for other purposes.
Referred to the Committee on Education.

SB 276. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, cancella tion and suspension of drivers' licenses, so as to provide honorary drivers' licenses for the spouses of certain disabled veterans; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 277. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to change the provisions relating to the destruction of records and the central depository; and for other purposes.
Referred to the Committee on Judiciary.

SB 250. By Senator Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; and for other purposes.
Referred to the Committee on Judiciary.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

2272

JOURNAL OF THE HOUSE,

HB 193. By Mr. Lowrey of the 9th:
A Bill to be entitled an Act providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide for a supplement for the judge of the superior court of the Rome Judicial Circuit; to provide for the re duction of such supplement under certain circumstances; to provide for an effective date; to repeal an Act providing for a supplement for the judge of the superior court of the Rome Judicial Circuit, approved February 21, 1951 (Ga. Laws 1951, p. 390); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The judge of the superior court of the Rome Judicial Circuit shall receive a supplemental salary in the amount of two thousendo four hundred ($2,400.00) dollars per annum, to be paid from the funds of Floyd County in equal monthly installments. In the event, however, the total compensation and allowances payable from State funds to said judge exceeds the sum of eighteen thousand ($18,000) dollars per annum, the supplement provided for herein shall be de creased by the amount of such excess.
Section 2. An Act providing for a supplement for the judge of the superior court of the Rome Judicial Circuit, approved February 21, 1951 (Ga. Laws 1951, p. 390), is hereby repealed in its entirety.
Section 3. This Act shall become effective on the first day of the month following the month in which is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lowrey of the 9th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate substitute to HB 193 was agreed to.

WEDNESDAY, MARCH 19, 1969

2273

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for con sideration and read the third time:

HR 257-758. By Messrs. Parker and Nessmith of the 44th:
A Resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane Bridge"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett
Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks, G. Brown, B. D. Brown, C.
Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S.

Colwell Conger Connell Cooper, J. R. Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Ezzard Pallin Farmer Farrar Felton Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat
Graves Hadaway Hargrett

Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood
Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino

2274
Lowrey Mason Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A.

JOURNAL OF THE HOUSE,

Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simmons Sims Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Alexander Bray Collier Conner Cook DeLong Edwards Evans Floyd, J. H. Grahl

Gunter Hale Hamilton Harris, J. F. Hill, B. L. Jordan, G. Lane, W. J. Lewis Marcus Matthews, D. R.

Maxwell McCracken Moate Peterson Phillips, G. S. Poole Sherman Simkins Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 768. By Messrs. Scarlett and Harris of the 67th: A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; and for other purposes.

WEDNESDAY, MARCH 19, 1969

2275

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dodson Douglas

Edwards Evans Ezzard Farmer Felton Floyd, L. R. Gary Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.

Levitas Lewis Longino Lowrey Marcus Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan

2276

JOURNAL OF THE HOUSE,

Shepherd Simmons Sims Smith, J. R. Snow Sorrells Thompson, A. W.

Thompson, R.
Toles Townsend Vaughn Wamble Ware Westlake

Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Anderson Bray Cole Connell Cook Dean, J. E. DeLong Dent Dickinson Dixon Dorminy Egan Ellis

Fallin Farrar Floyd, J. H. Funk
Gaynor Grahl Hale Hamilton Hill, B. L. Jordan, G. Leonard Mason Matthews, C.

Maxwell Nash Phillips, L. L. Pinkston Poole Potts Sherman Simkins Smith, V. T. Sweat Thomason Whaley Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 768 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration.

HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licenses for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 19, 1969

2277

On the passage of the Bill, the ayes were 102, nays 21.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 804 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference No. 2 thereon:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and others:
A Bill to be entitled an Act to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.

The following report of the Committee of Conference No. 2 was read: CONFERENCE COMMITTEE REPORT
CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 81

The Conference Committee on House Bill No. 81 recommends the following:
(1) That the House recede from its position that Section 3 of the bill, as introduced, be enacted, which Section 3 requires that counties, municipalities and school districts be refunded the State tax paid on motor fuel and kerosene subject to certain conditions.
(2) That the Senate recede from its position that the sales tax on. the gas tax be removed on the effective date of said House Bill.
(3) That the title, after the words "so as to provide", be changed to read as follows:
"for an increase in the motor fuel tax; to provide for certain refunds; to provide for removal of certain State and Federal ex cise taxes, effective July 1, 1971; to provide an effective date; to repeal conflicting laws; and for other purposes."

2278

JOURNAL OF THE HOUSE,
(4) That said House Bill provide, in lieu of present Section 3, a new Section 3 to read as follows:

"Section 3. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed by an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended, upon the sale of motor fuel, effective July 1, 1971, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chhapter 92-14 of the Code of Georgia, respectively."

FOR THE SENATE
Honorable Hugh Gillis Senator, 20th District Honorable Sam Hensley Senator, 33rd District Honorable Jack Fincher Senator, 51st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
Honorable George Busbee Representative, 61st District Honorable Virgil T. Smith Representative 3rd District Honorable Peyton Hawes, Jr. Representative 95th District

Mr. Hawes of the 95th moved that the House disagree to the report of the Committee of Conference No. 2 on HB 81.
Mr. Smith of the 3rd moved that the House adopt the report of the Com mittee on Conference No. 2 on HB 81.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Barber Barfield Bennett Berry, C. E. Black Blalock Bostick Brantley, H. L. Brooks Brown, C. Burruss Busbee Caldwell Cato

Chandler Clarke, H. G. Cole Collins, M. Colwell Conger Crowe Dailey Davis, E. T. Dean Dent Dickinson Dixon Dorminy

Douglas Edwards Ellis Felton Funk Grahl Graves Gunter Hadaway Hale Hargrett Harrington Holder Howell

WEDNESDAY, MARCH 19, 1969

2279

Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keyton Knowles Lambert Lane, W. J. Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Merritt

Miles Milford Moate Moore Mullinax Murphy Nash Nessmith Northcutt Paris Parker, C. A. Parker, H. W. Patterson Peters Feterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Reaves

Roach Ross Rowland Rush Russell Scarlett Shanahan Sirnmons Smith, J. R. Smith, V. T. Thompson, A. W. Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Adams Alexander Anderson Atherton Battle Bell Bond Bo wen Brown, B. D. Buck Games Collins Connell Cook Cooper Daugherty Davis, W. Dean, J. E. DeLong Egan Ezzard Fallin Farmer

Farrar Floyd, L. R. Gary Gaynor Geisinger Gignilliat Harris, J. F. Harris, J. R. Harrison Hawes Henderson Hill, B. L. Hill, G. Hood Horton Jones, M. Jordan, G. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S.

Leonard Levitas Marcus Maxwell McClatchey Melton Miller Morris Nunn Odom Pafford Scarborough Shepherd Simkins Sims Sorrells Sweat Thomason Townsend Westlake Winkles Wilson

Those not voting were Messrs.:

Ballard Bohannon Brantley, H. H.

Bray Cates Collier

Conner Dodson Evans

2280
Floyd, J. H. Hamilton Harris, R. W. Higginbotham Housley

JOURNAL OF THE HOUSE,

Pickard Pinkston Poole Salem Sherman

Snow Thompson, R. Whaley Wilkerson Mr. Speaker

On the motion, the ayes were 103, nays 68.

The motion prevailed, and the report of the Committee of Conference No. 2 on HB 81 was adopted.

Mr. Salem of the 51st stated that he had been called from the floor of the House when the roll was called on the motion to adopt the report of the Com mittee of Conference No. 2 on HB 81, but had he been present would have voted "aye".

Mr. Connell of the 79th stated that he had inadvertently voted "nay" but intended to vote "aye" on the adoption of the second Conference Committee re port on HB 81.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 641. By Messrs. Egan of the 116th, Atherton of the 117th, Dodson of the 82nd, Snow of the 1st, Miller of the 83rd, Jones of the 59th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties to levy a local retail sales tax; to authorize municipalities to levy such tax under certain circumstances; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to authorize coun ties to levy a local retail sales tax; to authorize municipalities to levy such tax under certain circumstances; to provide the procedures con nected therewith; to provide for all other matters relative thereto; to provide for the discontinuation of such tax; to provide for a referendum under certain circumstances; to provide for the state-wide application

WEDNESDAY, MARCH 19, 1969

2281

of the tax under certain conditions; to provide a severability clause; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act known as the "Georgia Retailers' and Consumers" Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding at the beginning of the first sentence of Section 25 the following language:

"Except as provided in Section 26A",

so that Section 25, when so amended, shall read as follows:
"Section 25. Political subdivisions prohibited from imposing sales or use taxes; exceptions. Excepted as provided in Section 26A, no county, municipality, school district or political subdivision of the State shall impose, levy or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Chapter: Provided, however, that the provisions of this Section shall not be construed to apply to a fixed license, occupational or franchise tax based on gross receipts or on a gross receipts basis; and Provided, further, that no county or municipality shall be pro hibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors."

Section 2. Said Act is further amended by adding a new Section to be known as 26A, to read as follows:

Section 26A. Local governments authorized to levy a local retail sales tax.

"(a) The governing authority of any county shall be authorized to levy a local retail sales tax at the rate of one (1%) percent to provide revenue to be distributed as hereinafter provided. In the event the gov erning authority of a county adopts a resolution imposing a local sales tax under this Section, each municipality located in said county shall automatically come under the provisions of this Section and share in the revenue collected hereunder as hereinafter provided. Such tax shall be added to the rate of the State sales tax imposed by the 'Georgia Re tailers' and Consumers' Sales and Use Tax Act', approved February 20, 1951 (Ga. Laws 1951, p. 360), and shall be subject to all the provi sions of said Act and all amendments thereto and the rules and regula tions published with respect thereto.

"(b) The governing authority of any county shall be authorized to levy a local sales tax under this Section by adopting a resolution during the first thirty (30) days of any calendar quarter stating its purpose and referring to this Section, and providing that such resolution shall be

2282

JOURNAL OF THE HOUSE,

effective on the first day of the next succeeding quarter after its adop tion. A certified copy of such resolution shall be forwarded to the State Revenue Commissioner so that it will be received within five (5) days after its adoption.

"(c) Any local sales tax levied under this Section shall be admin istered and collected solely by the State Revenue Commissioner in the same manner and subject to the same penalties as provided for the State sales tax. No variance shall be permitted between the State and local sales taxes. The vendor's responsibility shall be to the State Rev enue Commissioner and not to the local governing authority of the county or municipality. The local governing authority of a county shall be prohibited from making sales tax audits. The Revenue Department shall be allowed a fee of one (1%) percent of the total amount of the local sales taxes collected as a cost of administration and said fees shall be deposited in the State Treasury.

"(d) All sales tax monies collected by the State Revenue Com missioner under this Section, except the fees for collecting and admin istering the tax which shall be paid into the general fund, shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name 'Collections of Local Sales Taxes', and such local sales tax monies shall be credited to the account of each particular county in which the local sales taxes are collected as follows:

"(1) One half of the amount of sales tax revenue attribut able to sales in each county as shown by the records of the State Revenue Commissioner shall be allocated to each such county.

"(2) The remaining one-half of the sales tax revenues shall be allocated among the counties imposing the tax on a population basis in the same proportion that each county's population bears to the total population of all participating counties.

"(3) Forty (40%) percent of the total funds allocated to any county shall be further allocated to the Board of Education of the county school system, or if there is more than one public school system in the county, the forty (40%) percent shall be allocated between the school systems on the basis of an average daily at tendance of pupils during the preceding school year, attending public schools within the county. Each school system within the county shall allocate such share of the proceeds in the proportion that its respective average daily attendance bears to the average daily attendance of all pupils attending public schools within the county.

"(4) The remaining sixty (60%) percent of the total funds allocated to each county shall be further allocated by the State Treasurer to the governing authority of the county and the govern ing authority of each municipal corporation within the county. The amount so allocated to each county and to each municipality shall be based on population. The county shall be allocated such share

WEDNESDAY, MARCH 19, 1969

2283

of the proceeds as the population of the unincorporated area of the county bears to the population of the whole county, each munici pality shall be allocated such share of the proceeds as its re spective population, or of that part of the municipality lying within the county, bears to the population of the whole county.

"(e) As soon as practicable after the local sales tax monies have been paid into the State Treasury in any month for the pre ceding month, and allocated as hereinabove provided, the State Treasurer shall draw his warrant on the State Treasury in the proper amount in favor of each county, municipality, and school system entitled to the monthly return of its local sales tax monies, and such payments shall be charged to the account of each county, municipality, and school system, under the special fund created by this Section. If errors are made in any such payment, or adjust ments are otherwise necessary, whether attributable to refunds to taxpayers, or some other fact, the errors shall be corrected and adjustments made in the payment for the next month or subsequent months.

"(f) All penalties and interest collected under the provisions of this Act shall be prorated between the State and the county, municipality, and school system, on such basis as may be pre scribed by the State Revenue Commissioner.

"(g) As used in this Section 'municipality' shall mean and in clude only those municipalities incorporated under the laws of Geor gia which had a population in excess of 100 according to the most recent U. S. Census, and which impose a local tax other than the tax provided for hereunder, and which provides at least three of the following services:

(1) Water Service (2) Sewerage service (3) Garbage collection

(4) Police protection

(5) Fire protection.

"(h) The population of any incorporated municipality which does not qualify under subsection (g) shall be counted as part of the county population for the purposes of determining the county's share.

"(i) The State Revenue Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act or the other laws or the Constitution of this State or the United States, for the administration and en-

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JOURNAL OF THE HOUSE,

forcement of the provisions of this Section and the collection of revenues hereunder.

"(j) Notwithstanding any other provisions of this Act, the governing authority of any county in which a local retail sales tax has been levied pursuant to this Section shall be authorized to dis continue the levying of such tax by adopting a resolution during the first thirty (30) days of any calendar quarter stating its pur pose and referring to this Section, and providing that such resolu tion shall be effective on the first day of the next succeeding quar ter after its adoption. The governing authority of a county shall not have the power to discontinue a tax imposed under paragraph (k) of this Section.

"(k) In the event the governing authority of the county seat of the county or the most populous municipality within the county adopts a resolution requesting the governing authority of the county to levy a local retail sales tax as provided in this Section and such tax is not levied within ninety (90) days after the adop tion of said resolution, the governing authority of any municipality in such county is hereby authorized to levy a local retail sales tax. Such tax shall be levied in the same manner and in the same amount that a county is authorized to levy such tax under this Section. All provisions of this Section applying to a county shall apply to such municipality, except the proceeds of the tax shall be distributed as follows:

"(1) In the event there is no independent school system in the municipality, all of the proceeds shall be distributed to the municipality.

"(2) In the event there is an independent school system in the municipality, 40% of the proceeds shall be distributed to the independent school system and the remaining 60% shall be distributed to the municipality.

"(1) Whenever population is used in this Act, it shall mean the population as determined according to the latest U. S. Census.

"(m) Upon the petition of at least 10% of the resident electors in the area affected within thirty days after the adoption of said resolution or ordinance requesting a referendum on whether the governing authority shall repeal the local sales tax previously adopted, the effective date of the adopting resolution or ordinance shall be suspended until approved in a referendum; Provided, how ever, if the local sales tax resolution or ordinance has already be come effective at the time of receipt of such petition, the local sales tax shall not be suspended pending the outcome of the ref erendum. The governing authority, upon determining the validity of the petition, shall set the date for such referendum for a day not less than fifteen (15) days and not more than (30) days after re ceipt of the petition. Upon receipt of a valid petition, the govern ing authority shall immediately notify the Revenue Commissioner

WEDNESDAY, MARCH 19, 1969

2285

that a referendum has been requested. If a majority of the qualified voters voting in such referendum shall approve the resolution or ordinance imposing the local sales tax, the adopting resolution or ordinance shall become effective on the first day of the next cal endar quarter; Provided, however, if the next calendar quarter be gins within 30 days after the result of the referendum is announced, then the resolution or ordinance shall not become effective until the next subsequent calendar quarter. If a majority of the quali fied voters voting in such referendum shall disapprove the adop tion of the local sales tax, the adopting resolution or ordinance shall be void and of no force and effect, and if the local sales tax has not been suspended pending the referendum, the resolution or ordinance shall become void and of no force and effect at the end of the next succeeding fiscal quarter. The govering authority shall not adopt another resolution or ordinance imposing the tax authorized by this Act until the expiration of at least six months, after the qualified voters disapprove of the adoption of a local sales tax. It shall be the duty of the governing authority to notify the Revenue Commissioner of the result of any referendum held pursuant to this subsection. After the initial time for filing a petition has passed, petition requesting a referendum on whether the locally imposed sales tax shall be repealed may be received by the govern ing authority at any time and a referendum shall be held. The re sult of any such referendum shall not become effective until the next fiscal year of the county or municipality; Provided, however, that if the referendum is held within three months immediately pre ceding the next fiscal year, then the result of any such referendum shall not become effective until the next succeeding fiscal year. Any referendum held pursuant to this subsection shall be conducted in the same manner as special elections are conducted in the county or municipality, and the governing authority shall bear the expenses of holding such referendum. After one referendum has been held under the provisions of this Section in which the imposition of the tax was sustained a petition of twenty-five (25%) percent of the resident electors shall be required for any subsequent referendum.

"(n) Within six months after the State Revenue Commissioner pronounces that the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population the local sales tax autho rized herein shall be imposed by the governing authority of all other counties throughout the State.

The State Revenue Commissioner is hereby designated as the State official entrusted with the duty of keeping records of those political subdivisions adopting the local sales tax, and when the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population, he shall immediately notify each munici pality and county of such fact.

The provisions of this paragraph shall not restrict the rights or duties of local governing authorities under paragraphs (j) and (m) of this Section."

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JOURNAL OF THE HOUSE,

Section 3. The provisions of this Act shall become effective upon its approval by the Governor or its becoming law without his approval.

Section 4. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of so full force and effect, as if the section, subsec tion, sentence, clause or phrase so declared or adjudged invalid or un constitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Mr. Cooper of the llth moves to amend Committee Substitute to HB 641, as amended, as follows:
By striking from the caption the following:
"to provide for the state-wide application of the tax under certain conditions;".
And, by striking subsection (n), which reads as follows:
"(n) Within six months after the State Revenue Commissioner pronounces that the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population the local sales tax author ized herein shall be imposed by the governing authority of all other counties throughout the State.
The State Revenue Commissioner is hereby designated as the State official entrusted with the duty of keeping records of those political subdivisions adopting the local sales tax, and when the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population, he shall immediately notify each munici pality and county of such fact.
The provisions of this paragraph shall not restrict the rights or duties of local governing authorities under paragraphs (j) and (m) of this Section.",
in its entirety.

WEDNESDAY, MARCH 19, 1969

2287

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Barber Buck Burruss Chandler Clarke Collins, M. Collins, S. Cooper Dodson Dorminy Evans Geisinger Hargrett Harrington

Harris, J. R. Henderson Higginbotham Housley Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lee, W. S. Leonard Mauldin Merritt Milford

Odom Pafford Pickard Potts Scarlett Shanahan Vaughn Westlake Winkles Wilkerson Williams Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Ballard Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Brooks, G. Brown, B. D. Brown, C. Busbee Carnes Cato Cole Conger Cook Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N.

DeLong Dent Dickinson Dixon Douglas Edwards Egan Ellis Fallin Farmer Farrar Felton Floyd, J. H. Gary Gaynor Gignilliat Grahl Graves Gunter Harris, J. F. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Holder Horton Howell Hudson Hutchinson Johnson

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knowles Lambert Lane, W. J. Lee, W. S. (Bill) Le vitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Miles Miller Moate Moore Mullinax Murphy Nash Nessmith Northcutt

2288
Nunn Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Reaves Roach Ross

JOURNAL OP THE HOUSE,

Rowland Rush
Russell Salem Scarborough Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T.

Snow Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Wheeler, Bobby Wheeler, J. A.

Those not voting were Messrs.:

Bostick Bowen Bray Caldwell
Gates Collier
Colwell Connell Conner

Davis, W. Ezzard Floyd, L. R. Funk
Hadaway Hale
Hamilton Hood Lewis

Morris Patterson Peterson Poole
Rainey Townsend
Whaley Wilson Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 40, nays 128.

The amendment was lost.

The following amendment was read:
Messrs. Moore and Gunter of the 6th move to amend Committee Substitute to HB 641, as follows:
By adding in the title, after the following:
"certain conditions;",
the following:
"to provide for exemptions;".
By striking the period at the end of subsection (a) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of subsection (a) the following:
"except as provided in subsection (o)."

WEDNESDAY, MARCH 19, 1969

2289

By striking the period at the end of the second sentence of sub section (c) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of said second sentence the following:

"except as provided in subsection (o)."

And, by adding a new subsection at the end of quoted Section 26A , of Section 2 to be designated as subsection (o), to read as follows:

"(o) The tax provided for in this Section shall not be levied on the following:

Coffins, caskets and vaults used for the burial of human bodies,, on cost of funerals of less than $1,500.00.

The effective date of the amendment shall be July 1, 1971.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Ballard Barber Bond Bowen Brantley, H. L. Brown, B. D. Chandler Cole
Collins, S. Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dixon Dorminy Farmer
Farrar Felton Grahl

Graves Gunter Hargrett Harrington Harris, J. P. Harris, J. E. Hill, B. L. Hill, G. Housley Hudson
Hutchinson Jones, M. Jordan, G. Lane, W. J. Leonard Lowrey Mason Mauldin Merritt Milford
Moore Murphy Nessmith

Nunn Odom Pafford Paris Parker, C. A. Peters Peterson Pickard Potts Roach
Rush Scarborough Scarlett Shanahan Sweat Thomason Toles Westlake Wheeler, Bobby Williams
Wood

2290

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams Atherton Barfield Battle Bell Bennett Berry Black Bohannon Brantley, H. H. Brooks Brown, C. Buck Burruss Busbee Carnes Cato Clarke Conger Connell Cook Cooper Dailey Dent Dickinson Dodson Douglas Egan Ellis Evans Tallin Ployd, J. H. Funk Gary

Gaynor Geisinger Gignilliat Hale Harris, R. W. Harrison Hawes Henderson Higginbotham Hood Horton Howell Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Marcus Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell

Melton Miles Miller Moate Morris Mullinax Northcutt Parker, H. W. Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ross Rowland Russell Salem Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Ware Wheeler, J. A. Wilkerson Winkles Wilson

Those not voting were Messrs.:

Blalock Bostick Bray Caldwell Gates Collier Collins, M. Colwell

Conner DeLong Edwards Ezzard Floyd, L. R. Hadaway Hamilton Holder

Lewis Nash Patterson Phillips, W. R. Poole Shepherd Whaley Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes -were 67, nays 104.
The amendment was lost.

WEDNESDAY, MARCH 19, 1969

2291

The following amendment was read:

Mr. Farmer of the 16th moves to amend Committee substitute to HB 641, follows:
By adding in the title, after the following:
"certain conditions;",
the following:
"to provide for exemptions;"
By striking the period at the end of subsection (a) of quoted Sec tion 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of subsection (a.) the following:
"except as provided in subsection (o)."
By striking the period at the end of the second sentence of sub section (c) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of said second sentence the following:
"except as provided in subsection (o)."
And, by adding a new subsection at the end of quoted Section 26A of Section 2 to be designated as subsection (o), to read as follows:
"(o) The tax provided for in this Section shall not be levied on the following:
"(1) The sale of food for human consumption by grocery stores and other similar establishments to the ultimate con sumer.
"(2) The sale of medicine that is prescribed by a phy sician."
The provisions of this subsection shall become effective on July 1, 1970.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

2292

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Blalock Bond Brantley, H. L. Brown, B. D. Buck Cato Cole Conger Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dorminy Evans Farmer Farrar Gunter

Hargrett Harris, J. F. Harris, J. R. Higginbotham Hill, B. L. Hill, G. Hood Housley Hudson Johnson Jones, M. Jordan, G. Keyton Knowles Lane, Dick Leonard Lowrey Mason Mauldin Merritt Milford Moate

Moore Morris Nash Odom Pafford Parker, C. A. Phillips, W. R. Pinkston Rainey Russell Scarborough Scarlett Shepherd Sorrells Sweat Thomason Toles Westlake Williams Wood

Those voting in the negative were Messrs,

Adams Atherton Barber Barfield Battle Bell Bennett Berry Black Bohannon Brantley, H. H. Brooks Brown, C. Burruss Busbee Carnes Chandler Clarke Collins, S. Connell Cook Cooper Crowe Dailey Davis, E. T. DeLong Dixon Dodson

Douglas Edwards Egan Ellis Fallin Felton Funk Gary
Gaynor Geisinger Gignilliat Grahl Graves Hale Harrington Harris, R. W. Harrison Hawes Holder Horton Hutchinson Joiner Jones, C. M. Jordan Keen
Rnapp Kreeger Lambert

Lane, W. J.
Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Marcus Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Miles Miller Mullinax
Murphy Nessmith Northcutt Nunn Paris Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Pickard Potts Reaves Roach

Ross Rowland Rush Salem Shanahan Sherman Simkins Simmons

WEDNESDAY, MARCH 19, 1969

2293

Sims Smith, J. R. Smith, V. T. Snow Thompson, A. W. Thompson, R. Townsend Wamble

Ware Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wilson

Those not voting were Messrs.:

Bostick Bowen Bray Caldwell Gates Collier Collins, M. Colwell Conner

Ezzard Floyd, J. H. Ployd, L. R. Hadaway Hamilton Henderson Howell Jones, Herb Lewis

Matthews, C. Patterson Peterson Poole Vaughn Whaley Mr. Speaker

On the adoption of the amendment to the Committe substitute, the ayes were 64, nays 106.

The amendment was lost.

The following amendment was read:

Mr. Farmer of the 16th moves to amend Committee substitute to HB 641 as follows:
By adding in the title, after the following:
"certain conditions;",
the following:
"to provide for exemptions;".
By striking the period at the end of subsection (a) of quoted Sec tion 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of subsection (a) the following:
"except as provided in subsection (o)."
By striking the period at the end of the second sentence of subsec-

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JOURNAL OF THE HOUSE,
tion (c) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of said second sentence the following:
"except as provided in subsection (o)."
And, by adding a new subsection at the end of quoted Section 26A of Section 2 to be designated as subsection (o), to read as follows:
"(o) The tax provided for in this Section shall not be levied on the following:
"(1) The sale of medicine that is prescribed by a phy sician."
The provisions of this subsection shall become effective on July 1, 1971.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bell Berry Black Bond Brantley, H. L. Brown, B. D. Buck Cato ole Collins, S. Conger Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon

Dorminy Edwards Evans Farmer Farrar Felton Floyd, L. R. Gary Geisinger Gignilliat Grahl Gunter Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Johnson Jones, M. Jordan, G. Jordan, H. S.

Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lowrey Matthews, D. R. Mauldin Maxwell
McDaniell Merritt Miles Milford Moate Moore Morris Murphy Nash Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W.

Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Roach Rush

WEDNESDAY, MARCH 19, 1969

2295

Russell Salem Scarborough Scarlett Shepherd Simkins Smith, V. T. Sorrells Sweat Thomason

Thompson, A. W. Townsend Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.

Atherton Bennett Blalock Bowen Brantley, H. H. Brooks Brown, C. Burruss Busbee Carnes Chandler Connell Cook Cooper Douglas Egan Tallin Floyd, J. H.

Funk Gaynor Graves Hale Harrington Harrison Hawes Hutchinson Joiner Jones, C. M. Lambert Lee, W. S. Longino Marcus Mason McClatchey McCracken Melton

Miller Mullinax Nunn Phillips, G. S. Reaves Ross Rowland Sherman Simmons Sims Smith, J. R. Snow Thompson, R. Toles Wamble Ware Winkles

Those not voting were Messrs.:

Bohannon Bostick Bray Caldwell Gates Clarke Collier Collins, M. Colwell

Conner Dodson Ellis Ezzard Hadaway Hamilton Henderson Jones, Herb Lewis

Matthews, C. Nessmith Peterson Poole Shanahan Whaley Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 117, nays 53.

The amendment was adopted.

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JOURNAL OF THE HOUSE,

Mr. Henderson of the 117th wished to be recorded as voting "aye" on the adoption of the amendment by Mr. Farmer.

The following amendment was read and adopted:

Mr. Levitas of the 77th moves to amend Committee substitute to HB 641 by adding
(1) a new Section immediately before the last section to read as follows:
"It is the sense of the General Assembly that local governments shall consider the reduction of ad valorem taxes in light of the funds to be received under this Act.",
(2) to renumber the last section accordingly.

The following amendment was read:

Mr. Levitas of the 77th moves to amend the Committee Substitute to House No. 641 as follows:
By striking from paragraph (3) of subsection (d) of quoted Sec tion 26A of Section 2 the following:
"Forty (40%) percent",
wherever the same shall appear and inserting in lieu thereof the following:
"Fifty (50%) percent",
so that when so amended paragraph (3) shall read as follows:
"(3) Fifty (50%) percent of the total funds allocated to any participating county shall be further allocated to the Board of Edu cation of the county school system, or if there is more than one public school system in the county, the fifty (50%) percent shall be allocated between the school systems on the basis of an average daily attendance of pupils during the preceding school year, at tending public schools within the county. Each school system within the county shall allocate such share of the proceeds in the propor tion that its respective average daily attendance bears to the av erage daily attendance of all pupils attending public schools within the county."

WEDNESDAY, MARCH 19, 1969

2297

By striking from paragraph (4) of subsection (d) of quoted Sec tion 26A of Section 2 the following:

"sixty (60%) percent",

and inserting in lieu thereof the following:

"fifty (50%) percent",

so that when so amended paragraph (4) shall read as follows:

"(4) The remaining fifty (50%) percent of the total funds al located to each county shall be further allocated by the State Treasurer to the governing authority of the county and the gov erning authority of each municipal corporation within the county. The amount so allocated to each county and to each municipality shall be based on population. The county shall be allocated such share of the proceeds as the population of the unincorporated area of the county bears to the population of the whole county, each municipality shall be allocated such share of the proceeds as its re spective population, or of that part of the municipality lying within the county, bears to the population of the whole county."

And by striking from paragraph (2) of subsection (k) of quoted Section 26A of Section 2 the following:
40%"

and "60%",

and inserting in lieu thereof the following: "fifty (50%) percent",
and "fifty (50%) percent",

respectively, so that when so amended paragraph (2) shall read as follows:

"(2) In the event there is an independent school system in the municipality, fifty (50%) percent of the proceeds shall be distrib uted to the independent school system and the remaining fifty (50%) percent shall be distributed to the municipality."

2298

JOURNAL OP THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Bell Blalock Bohannon Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Chandler Clarke Collins, M. Collins, S. Connell Cooper Crowe Davis, W. Dean, J. E. Dent Dorminy Fallin Farmer Farrar Floyd, L. R. Gaynor Geisinger Grahl Graves

Hale Hargrett Harrington Harris, J. R. Harris, R. W. Higginbotham Hill, G. Hood Horton Housley Howell Hudson Hutchinson Jones, M. Jordan, H. S. Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Miles Milford Moate Morris

Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Pickard Potts Ross Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Vaughn Westlake Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander Atherton Barfield Battle Bennett Berry Black Bond Brantley, H. H. Burruss Cato Cole

Conger Cook Dailey Daugherty Davis, E. T. Dean, N. DeLong Dickinson Dodson Douglas Edwards Egan

Ellis Evans P'elton Floyd, J. H. Funk Gignilliat Gunter Harris, J. F. Harrison Hawes Holder Johnson

Joiner Jones, C. M. Jordan, G. Keen Keyton
Knapp
Knowles
Kreeger
Lane, Dick
Leonard
Maxwell

WEDNESDAY, MARCH 19, 1969

2299

McClatchey McCracken Miller Moore Murphy
Paris
Phillips, G. S.
Phillips, W. R.
Pinkston
Reaves
Roach

Rowland Rush Russell Salem Simkins
Simmons
Smith, J. R.
Townsend
Wamble
Wheeler, J. A.
Wilkerson

Those not voting were Messrs.:

Bo stick Bowen Bray Brooks Gates Collier Colwell Conner Dixon Ezzard

Gary Hadaway Hamilton Henderson Hill, B. L. Jones, Herb Lane, W. J. Lewis Mullinax Patterson

Poole Rainey Sweat Thompson, A. W. Ware Whaley Wheeler, Bobby Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 98, nays 69.

The amendment was adopted.

The following amendment was read and adopted:

Mr. McCracken of the 36th moves to amend Committee substitute to HB 641 as follows:
By striking sub-paragraph G of Section 2 in its entirety and in serting in lieu thereof the following language to be designated subparagraph G of Section 2:
"(G) As used in this Section 'Municipality' shall mean and include only those municipalities incorporated under the laws of Georgia which had a population in excess of 100 according to the most recent U. S.

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census, and which impose a local tax other than the tax provided for hereunder and which provides at least one of the following services:

(1) water service (2) sewerage service (3) garbage collection (4) police protection (5) fire protection

The following amendment was read:

Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th move to amend HB 61 (Committee substitute) as follows:
By striking from Section 2 the paragraph designated Section 26A(b) and inserting in lieu thereof the following:
"(b) Levy of the tax.--In order to provide for the orderly levy and implementation of the local sales tax provided herein by the local governments authorized to levy the local sales tax it is hereby provided that all counties shall be deemed to have levied, and shall have levied, the local sales tax provided herein unless during the month of April, 1969 the county governing authority shall adopt a resolution specifying that the county does not levy the local sales, tax. In any event, after July 1, 1969, any county or authorized mu nicipality shall be authorized, subject to the conditions in this Sec tion, to levy a local sales tax as hereinafter provided. A copy of the county resolution shall within 15 days be served on the govern ing authorities of the municipalities which are authorized to levy the tax where the county does not do so. A copy of the county resolution shall also within 15 days be served on the Secretary of State and the State Revenue Commissioner. In any county where the county governing authority does not levy the tax during the month of April, 1969, the governing authority of any munici pality authorized to levy the local sales tax may levy the local sales tax by adopting a resolution to that effect during the month of May, 1969. A copy of the resolution of the municipal governing authorities shall within 15 days be served on the Secretary of State and the State Revenue Commissioner. Any local sales tax whether levied by a county or a municipality shall not be effective until July 1, 1969. After July 1, 1969, any local authority levying the local sales tax may, except during the month of June, repeal it by a resolution to that effect by the gov erning authority. Any repeal of the local sales tax can only be effective as of July 1 following the date of the resolution repealing the tax. A copy of any resolution repealing the tax shall be served within 15 days of its adoption upon the Secretary of State and the State Revenue Commissioner. Where the governing authority re pealing the tax is the county governing authority a copy of the

WEDNESDAY, MARCH 19, 1969

2301

resolution repealing the tax shall also be served within 15 days on the governing authorities of the municipalities within the county which are authorized to levy the tax. After July 1, 1969, any local government not levying the tax but who is authorized to levy the tax may, except during the month of June, levy the tax by a reso lution to that effect by the governing authority. Any levy of the tax can only be effective as of July 1 following the adoption of the resolution. A copy of the resolution shall within 15 days be served on the Secretary of State and the State Revenue Commissioner. Where the authority levying the tax is a county a copy of the reso lution shall also be served on all municipalities within the county and on the school boards of any school systems within the county."

and by striking from said Section the paragraph designated Section 26A (j) and by striking from said Section the paragraphs designated
Section 26A(n).

Those voting in the affirmative were Messrs.

Atherton
Ballard Barber Barfield Bennett Berry Brantley, H. L. Burruss Cato Collins, M.
Conger Davis, E. T. Dean, N. Dent Dixon Dorminy Douglas Tallin Felton

Grahl Hale Harris, R. W. Harrison Hawes
Horton Howell Hudson Jones, M. Keyton Lane, W. J. Leonard Milford Moate Murphy Nessmith Northcutt Nunn Paris

Those voting in the negative were Messrs.

Adams Alexander Anderson Battle Bell Black Bohannon Bond Bowen Brantley, H. H. Brown, B. D.

Brown, C. Buck
Busbee Carnes Clarke Cole Collins, S. Connell
Cook Cooper Crowe

Parker, C. A. Parker, H. W. Peterson Phillips, L. L. Phillips, W. R. Potts Rowland Rush Russell Salem Scarlett Simmons Smith, V. T. Thompson, R. Wheeler, Bobby Williams Wood
Dailey Daugherty Davis, W. Dean, J. E. DeLong Dickinson Dodson Edwards Egan Evans Farmer

2302
Farrar Floyd, J. H. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Henderson Higginbotham Hill, B. L. Hill, G. Hood Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Knapp

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Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Miller Moore Morris Mullinax Nash Odom Pafford Peters

Phillips, G. S. Pickard Pinkston Rainey Reaves Roach Ross Scarborough Shanahan Sherman Simkins Sims Snow Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Westlake Whaley Wilkerson Winkles Wilson

Those not voting were Messrs.:

Blalock Bostick Bray Brooks Caldwell Gates Chandler Collier Colwell

Conner Ellis Ezzard Floyd, L. R. Hamilton Holder Housley Lewis Matthews, C.

Patterson Poole Shepherd Smith, J. R. Ware Wheeler, J. A. Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 55, nays 115.

The amendment was lost.

Five additional amendments to the Committee substitute, offered by Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th, were withdrawn from further consideration.

WEDNESDAY, MARCH 19, 1969

2303

The following amendment was read and adopted:

Mr. Jones of the 59th moves to amend the Committee Substitute to House Bill No. 641 as follows:
By striking from paragraphs (1) and (2) of subsection (d) of quoted Section 26A of Section 2 the following:
"One half"
and
"The remaining one-half",
and inserting in lieu thereof the following:
"Forty (40%) percent"
and
"Sixty (60%) percent",
respectively, so that when so amended paragraphs (1) and (2) shall read as follows:
"(1) Forty (40%) percent of the amount of sales tax revenue attributable to sales in each county as shown by the records of the State Revenue Commissioner shall be allocated to each such county.
(2) Sixty (60%) percent of the sales tax revenues shall be al located among the counties imposing the tax on a population basis in the same proportion that each county's population bears to the total population of all participating counties."

The following amendment was read and adopted:

Mr. Felton of the 95th moves to amend HB 641 (Committee substitute) as follows:
(1) to add to the caption immediately before the words "to repeal conflicting laws" the words "to provide for an exemption"
(2) to add a new section to be numbered Section 3 and to read as follows:
"Section 3. No sales tax shall be imposed upon any transac tion in which a person utilizes food stamps issued by the United

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JOURNAL OF THE HOUSE,

States or any agency authorized by the United States to issue food stamps. Such transaction shall be exempt and the Revenue Commissioner is authorized and empowered to promulgate such rules and regulations as may be necessary to carry out the pur poses of this Section."

(3) Sections 3, 4 and 5 are renumbered 4, 5 and 6 respectively.

The following amendment was read:

Messrs. Brooks of the 17th, Conger of the 68th and McCracken of the 36th move to amend the Committee substitute to HB 641 as follows:
By striking in its entirety subsection (d) of Section 26A, as con tained in Section 2 of said Bill and inserting in lieu thereof a new sub section (d) to read as follows:
"(d) All sales tax monies collected by the State Revenue Commissioner under this Section, except the fees for collecting and administering the tax which shall be paid into the general fund, shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name 'Collection of Local Sales Taxes', and such local sales tax monies shall be credited to the account of each particular county in which the local sales taxes are collected and shall be distributed as follows:
(1) One-half of the amount of sales tax revenue collected pursuant to this Section shall be allocated on a proportionate basis to the local school systems in the counties imposing the tax on the basis of the average daily attendance of students during the pre ceding school year attending public schools within the county.
(2) One-fourth of the amount of sales tax revenue collected pursuant to this Section shall be allocated to the municipalities of this State as defined in this Section located in or partially within the counties imposing the tax on a population basis in the same pro portion that each such municipality bears to the total population of all such municipalities.
(3) One-eighth of the amount of sales tax revenue collected pursuant to this Section shall be allocated among the counties imposing the tax on a population basis in the same proportion that each county's population bears to the total population of all par ticipating counties.
(4) One-eighth of the amount of sales tax revenue collected pursuant to this Section shall be allocated to the counties imposing1 the tax on a road mileage basis in the same proportion that each

WEDNESDAY, MARCH 19, 1969

2305

county's road mileage bears to the total road mileage of all partici pating counties.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Ballard Barber Bennett Blalock Brantley, H. L. Brooks Cato Clarke Collins, M. Conger Dean, N. Dorminy Douglas Grahl Gunter Hadaway

Harrison Howell Hudson Hutchinson Keyton Knowles Lane, W. J. Leonard Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Milford Moate Moore Murphy

Nessmith Pafford Paris Parker, C. A. Parker, H. W. Phillips, L. L. Phillips, W. R. Rainey Rowland
Rush Russell Salem Scarlett Sorrells Wheeler, Bobby Williams Wood

Those voting in the negative were Messrs.

Adams Alexander Atherton Barfield Battle Bell Berry Black Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Carnes Chandler Cole Collins, S. Connell Cook Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dickinson Dixon Dodson Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat

Graves Harris, J. R. Hawes Henderson Higginbothaam Hill, B. L. Hill, G. Hood Horton Housley Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S.

2306
Levitas Longino Lowrey Marcus Mason Maxwell McClatchey McDaniell Melton Miles Miller Morris Mullinax Nash Northcutt Nunn

JOURNAL OF THE HOUSE,
Odom Peters Phillips, G. S. Pickard Pinkston Potts Reaves Roach Ross Scarborough Shanahan Shepherd Sherman Simkins Simmons Sims

Smith, V. T.
Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, J. A. Wilkerson Winkles Wilson

Those not voting were Messrs.:

Bohannon Bostick Bowen Bray
Busbee Caldwell Gates Collier

Colwell Conner Hale Hamilton
Hargrett Harrington Harris, J. F. Harris, R. W.

Holder Lewis Patterson Peterson
Poole Smith, J. R. Westlake Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 51, nays 120.

The amendment was lost.

The following amendment was read and adopted:

Mr. Mullinax of the 30th moves to amend Committee Substitute to HB 641 as follows:
1. By adding in the title before the words "to provide a severability clause", the words "to provide for the reduction of ad valorem taxes;".
2. By adding a new paragraph at the end of quoted Section 26A, contained in Section 2 of said bill, to be known as paragraph (o), to read as follows:
"(o) Any other provisions of this section or any other law to

WEDNESDAY, MARCH 19, 1969

2307

the contrary notwithstanding, the governing authority of each county and municipality participating in the allocation of the rev enue collected pursuant to this section, when fixing the ad valorem tax millage rate each year shall determine the millage rate with out regard to this section. Each such governing authority shall then reduce such millage rate so that the proceeds of the ad valorem property tax levy shall be reduced in an amount which shall be not less than an amount equal to 10 per cent (10%) of the total amount of funds received by such county or municipality pursuant to this section in the immediately preceding calendar year."

The following amendment was read:

Mr. Salem of the 51st moves to amend the Committee substitute to HB 641 as follows:
By striking subparagraphs (1), (2), (3) and (4) of subsection (d) of quoted Section 26A, and inserting in lieu thereof the following:
"(1) Fifty (50%) percent of the total sales tax funds allo cated to any participating county shall be further allocated to the Board of Education of the county school system, or if there is more than one public school system in the county, the fifty (50%) percent shall be allocated between the school systems on the basis of an average daily attendance of pupils during the preceding school year, attending public schools within the county. Each school sys tem within the county shall allocate such share of the proceeds in the proportion that its respective average daily attendance bears to the average daily attendance of all pupils attending pub lic schools within the county.
(2) The remaining fifty (50%) percent of the said total funds shall be allocated as follows: Twenty-five (25%) percent shall go to the respective governing authorities of the participating coun ties, on a per capita basis which basis shall be determined by tak ing into consideration the total population residing within the geo graphical boundaries of each said county. Twenty-five (25%) per cent shall go to the respective governing authorities of the mu nicipalities of Georgia, which are located within the boundaries of of participating counties, on a per capita basis, which basis shall be determined by taking into consideration the total population resid ing within the geographical boundaries of each said municipality.
(3) Counties with populations of 200,000 or more, according to the 1960 Federal Decennial Census, or any future such census, shall be allocated not more than sixty (60%) percent of those sales taxes which are collected from within the boundaries of said counties, and the remaining forty (40%) percent of such revenues shall be credited to counties with populations of less than 200,000, accord ing to the aforesaid census or any future such census."

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JOURNAL OP THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Ballard Brantley, H. L. Brooks Collins, M. Conger Dixon Dorminy Edwards Hargrett Hutchinson

Keyton Lane, W. J. Leonard Matthews, C. Mauldin Merritt Milford Mo ate Nessmith Paris

Parker, C. A. Parker, H. W. Phillips, L. L. Rush Salem Scarlett Wheeler, Bobby Williams Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Busbee Games Cato Chandler Clarke Cole Collins, S. Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.

DeLong Dent Dickinson Dodson Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood
Horton Housley

Hudson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Maxwell McClatchey McCracken McDaniell Melton Miles Miller Moore Morris Mullinax
Nash Northcutt
Nunn Odom Patterson Peters

Peterson Phillips, G. S. Pickard Pinkston Potts Reaves Roach Ross Russell Scarborough Shanahan

WEDNESDAY, MAECH 19, 1969

2309

Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles

Townsend Vaughn Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Wilson

Those not voting were Messrs.:

Barfield Bostick Bowen Bray Caldwell Gates Collier Colwell Conner Douglas

Grahl Hale Hamilton Holder Howell Jordan, G. Knowles Lewis Matthews, D. R. Murphy

Pafford Phillips, W. R. Poole Rainey Rowland Shepherd Smith, J. R. Sweat Wamble Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 29, nays 136.

The amendment was lost.

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend the Committee Substitute to H. B. No. 641, as follows:
By adding prior to the following:
"to provide a severability clause;",
the following:
"to provide a maximum limitation on the amount of local retail sales tax collectible on any one item, under certain circumstances;".
And, by adding a new subsection at the end of quoted Section 26A of Section 2 to be designated appropriately by the clerk, to read as follows:

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JOURNAL OP THE HOUSE,
( ) The amount of local retail sales tax collectible on any one item shall not exceed $10 regardless of the retail sales price of such item; provided, however, the foregoing shall not apply when and so long as such tax is being levied in every county in the State."

On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Atherton Barfield Battle Bell Bennett Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Carnes Clarke Cole Collins, S. Connell Cook Cooper Davis, W. Dent Dodson Egan Ellis Evans Fallin

Pelton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Hale Harris, J. R. Harris, R. W. Hawes Henderson Horton Housley Howell Jones, C. M. Jones, M. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Le vitas Marcus Maxwell McClatchey McCracken McDaniell

Melton Miller Morris Mullinax Nunn Pafford Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts Reaves Scarlett Shanahan Sherman Simkins Sims Smith, V. T. Snow Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Wilson

Those voting in the negative were Messrs.

Adams Anderson Ballard Barber Berry Black Bostick Bowen Brooks Burruss

Busbee Caldwell Cato Chandler Collins, M. Conger Conner Crowe Dailey Daugherty

Davis, E. T. Dean, J. E. Dean, N. DeLong Dickinson Dixon Dorminy Douglas Edwards Ezzard

Farmer Farrar Floyd, J. H. Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harrison Higginbotham
Hill, G. Holder Hood Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Keyton Knowles Lambert Lane, W. J.

WEDNESDAY, MARCH 19, 1969

2311

Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Mason, Matthews, C. Matthews, D. R. Mauldin Merritt Miles Milford Moate Moore Murphy Nash Nessmith Northcutt Odom Paris Parker, C. A. Parker, H. W. Patterson Peters

Phillips, W. R. Rainey Roach Ross Rowland Rush Russell Salem Scarborough Shepherd Simmons Smith, J. R. Sorrells Sweat Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wood

Those not voting were Messrs.:

Bray Gates Collier Colwell

Funk Hamilton Hill, B. L. Lewis

Poole Ware Mr. Speaker

On the adoption of the Committee substitute, as amended, the ayes were 83, nays 101.

The Committee substitute, as amended, was lost.

Mr. Winkles of the 96th stated that he had inadvertently voted "nay" but intended to vote "aye" on the adoption of the Committee substitute to HB 641, as amended.

The following substitute, offered by Mr. Rowland of the 42nd, was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20,

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JOURNAL OF THE HOUSE,
1951 (Ga. Laws 1951, p. 360), as amended, so as to change the rate of the tax imposed under said Act; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking therefrom wherever they shall appear the following:
"three percent (3%)" and "3%"
or words and symbols to that effect, when said words and symbols are used to express the rate of tax imposed by said Act, and substituting in lieu thereof the following:
"four percent (4%)" and "4%",
so that the rate of the tax imposed by said Act shall be four percent as opposed to the present rate of taxation which is three percent.
Section 2. This Act shall become effective July 1, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Egan of the 116th moved that HB 641, and all amendments and substi tutes thereto, be postponed until the second Monday in February, 1970.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Battle Bell Bohannon Bond Brantley, H. H. Brown, B. D. Buck Carnes Gates Cato Clarke Cole

Collins, S. Conger Connell Cook Daugherty Davis, W. Dean, J. E. DeLong Dixon Dodson Egan Ellis Evans Ezzard

Farrar Felton Floyd, L. R. Gary Gaynor Geisingcr Gignilliat Gunter Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham

WEDNESDAY, MARCH 19, 1969

2313

Hill, B. L. Hood Horton Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Lane, Dick Lee, W. J. (Bill) Levitas Lowrey
Marcus Mason
Maxwell

McClatchey McCracken McDaniell Miller Moore Morris Mullinax Nash Nunn Odom Peterson Pickard Pinkston Scarborough Shanahan Shepherd Sherman

Simkins Sims Smith, V. T. Snow, Wayne Thomason Townsend Vaughn Ware Westlake Whaley Winkles Wilkerson Williams Wilson. Wood

Those voting in the negative were Messrs. :

Anderson Atherton Ballard Barber Barfield Bennett Berry Black Blalock Bostick Brantley, H. L. Brooks
Brown, C.
Burruss Busbee Chandler Collins, M. Colwell Conner Cooper Crowe Dailey Davis, E. T. Dean, N. Dent Dickinson Dorminy Douglas Edwards Tallin

Farmer
Floyd, J. H. Funk Grahl Graves Hadaway Hargrett Harris, J. F. Harrison Hill, G. Holder Housley Hudson Hutchinson Johnson Joiner Keyton Knowles Kreeger Lambert Lane, W. J. Lee Leonard Longino Matthews, D. R. Mauldin Melton Merritt Miles Milford

Moate Murphy Nessmith Northcutt Paris Parker, C. A. Parker, H. W.
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Potts Rainey Reaves
Roach Ross Rowland Rush Russell Salem Scarlett Simmons Smith, J. R. Sorrells
Sweat Thompson, A. W.
Toles Wamble Wheeler, Bobby Wheeler, J. A.

Those not voting were Messrs.:

Bowen

Bray

Caldwell

2314
Collier Hale Hamilton Howell

JOURNAL OF THE HOUSE,

Lewis Matthews, C. Pafford Patterson

Poole Thompson, R. Mr. Speaker

On the motion to postpone, the ayes were 91, nays 90.

The motion prevailed, and HB 641 was postponed until the second Monday in February, 1970.

Mr. Parker of the 44th moved that the House reconsider its action in postpon ing HB 641.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Ballard Barfield Bennett Berry Black Blalock Burruss Busbee Chandler Collins, M. Colwell Cooper Davis, E. T. Dean, J. E. Dean, N. Dent Dickinson Douglas

Edwards Ezzard Farmer Grahl Graves Hale Harrington Harrison Holder Johnsoni Joiner Knowles Kreeger Lane.W. J. Leonard Matthews, D. R. Mauldin Moate

Murphy Nessmith Northcutt Paris, J. W. Parker, C. A. Parker, H. W. Peters Phillips, W. R. Rainey Roach Ross Rowland Russell Scarlett Smith, V. T. Sorrells Toles Wamble

Those voting in the negative were Messrs.:

Adams Alexander Anderson Barber Battle Bell Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Carnes

Gates Cato Clarke Cole Collier Collins, S. Conger Connell

Conner Cook Crowe Dailey Daugherty Davis, W. DeLong Dixon Dodson Dorminy Egan Ellis Evans Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Gunter Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton

WEDNESDAY, MARCH 19, 1969

2315

Housley Howell Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, C. Maxwell McClatchey McCracken McDaniel! Melton Merritt Miles Milford Miller Moore Morris Mullinax Nash Nunn

Odom, Pafford Patterson Peterson Phillips, G. S. Pickard Pinkston Pitts Rush Salem Scarborough Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Snow Sweat Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Atherton Bray Brooks Caldwell Hadaway

Hamilton Keyton Lewis Phillips, L. L. Poole

Reaves Simmons Mr. Speaker

On the motion to reconsider, the ayes were 54, nays 128.

The motion was lost, and the House refused to reconsider its action in post poning HB 641.

The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence on its position in amending the same:

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JOURNAL OF THE HOUSE,

HB 436. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.

Mr. Vaughn of the 74th moved that the House insist on its position in dis agreeing to the Senate amendments and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Vaughn of the 7th, Levitas of the 77th and McDaniell of the 117th.
The Speaker announced the House recessed until 1:30 p.m., this afternoon.

AFTERNOON SESSION

The Speaker Pro-Tern called the House to order.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for considera tion and read the third time:

HB 532. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-68, so as to change the language relative to the appropriation to the Department of Industry and Trade for match ing local funds for certain welcome centers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 19, 1969

2317

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Games Gates Ghandler Clarke Cole Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T.
Dean, J. E.
Dean, N.
Dent
Dickinson
Edwards
Ellis
Evans
Ezzard
Fallin
Farmer

Farrar Felton Floyd, J. H. Floyd, L. E. Gary Gaynor Geisinger Gignilliat Graves Hargrett Harrington Harris, B. W. Harrison Henderson Higginbotham Hill, G. Hood Horton Housley Howell Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lees, W. J. (Bill)
Lee, W. S.
Le vitas
Lewis
Longino
Lowrey
Mason
Matthews, C.
Mauldin
Maxwell
McClatchey

Melton Merritt Milford Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Phillips, W. E. Pickard Pinkston Potts Roach Eoss Eowland Bush Eussell Salem Shepherd Sherman Sims Snow Thomason Toles Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, J. A.
Winkles
Wilkerson
Williams
Wilson
Wood

Voting in the negative was Mr. Douglas.

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anderson Ballard Berry Brantley, H. H. Buck Caldwell Cato Collier Collins, M. Collins, S. Conger Cook Davis, W. DeLong Dixon Dodson Dorminy Egan Funk Grahl Gunter

Hadaway Hale Hamilton Harris, J. F. Harris, J. R. Hawes Hill, B. L. Holder Hudson Johnson Jones, C. M. Knapp Leonard Marcus Matthews, D. R. McCracken McDaniell Miles Miller Moate Moore

Pafford Patterson Phillips, G. S. Poole Rainey Reaves Scarborough Scarlett Shanahan Simkins Simmons Smith, J. R. Smith, V. T. Sorrells Sweat Thompson, A. W. Thompson, R. Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 532 was ordered immediately transmitted to the Senate.

HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st, and Bowen of the 47th:
A Bill to be entitled an Act to amend Code Section 114-112 relating to the liability of principals, intermediates and subcontractors, so as to provide that under certain circumstances a claim may be presented to and instituted against the intermediate or principal contractor; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 114-112 relating to the liability of principals, intermediates and subcontractors, so as to provide that under certain circumstances a claim may be presented

WEDNESDAY, MARCH 19, 1969

2319

to and instituted against the intermediate or principal contractor; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Code Section 114-112 relating to the liability of principals, inter mediates and subcontractors, is hereby amended by striking the fol lowing:

"Every claim for compensation under this section shall be in the first instance presented to and instituted against the im mediate employer, but such proceedings shall not constitute a waiver of the employee's right to recover compensation under this Title from the principal or intermediate contractor: Provided, that the collection of full compensation from one employer shall bar recovery by the employee against any others, no shall he collect from all a total compensation in excess of the amount for which any of the said contractors is liable.",

and inserting in lieu thereof the following:

"Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but such proceedings shall not constitute a waiver of the employee's right to recover compensation under this Title from the principal or intermediate contractor. If such immediate em ployer is not subject to this Title by reason of having less than the required number of employees as prescribed in Code Section 114-107, and the provisions of Code Section 114-607 do not apply, then such claim may be directly presented to and instituted against the intermediate or principal contractor: Provided, however, that the collection of full compensation from one employer shall bar recovery by the employee against any others, nor shall he collect from all a total compensation in excess of the amount for which any of the said contractors is liable."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.

Adams Alexander Atherton Barber Barfield Bell Bennett Black Bohannon Bond Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee Carnes Gates Cato Chandler Clarke Collins, M. Colwell Connell Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dodson Douglas Edwards Evans Farrar Funk Gary

Geisinger Graves Gunter Hadaway Harrington Harris, R. W. Henderson Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDaniell Melton

Merritt Miller Moore Murphy Nash Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Reaves Roach Rowland Rush Russell Shepherd Sherman Sims Smith, J. R. Snow Thomason
Thompson, R. Toles Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wood

Voting in the negative was Mr. Gaynor.

Those not voting were Messrs.:

Anderson Ballard Battle Berry Blalock Bostick Bowen Brantley, H. H.

Bray Brooks Buck Caldwell Cole Collier Collins, S. Conger

Conner Cook Davis, W. DeLong Dickinson Dixon Dorminy Egan

Ellis Ezzard Fallin Farmer Felton Floyd, J. H. Floyd, L. R. Gignilliat Grahl Hale Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, B. L. Jones, C. M.

WEDNESDAY, MARCH 19, 1969

2321

Jones, Herb Kreeger Lane, W. J. Leonard Lewis Matthews, C.
McClatchey McCracken Miles Milford Moate Morris Mullinax Nessmith Nunn Peterson Phillips, G. S. Pickard Pinkston

Poole Potts Rainey Ross Salem Scarborough
Scarlett Shanahan Simkins Simmons Smith, V. T. Sorrells Sweat Thompson, A. W, Townsend Ware Whaley Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 113, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Nessmith of the 44th requested that he be recorded as having voted for the passage of HB 26, by substitute.
By unanimous consent, HB 26 was ordered immediately transmitted to the Senate.

HR 139-399. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Resolution authorizing the disposal of the tract of land on which was located the Governor's Mansion in Ansley Park; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.

Adams Alexander Atherton
Barber Barfield Battle Bell
Bennett Black Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Games Gates Cato Chandler Clarke Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Evans Ezzard Farrar Felton

Floyd, L. R. Funk Gary
Gaynor Geisinger Gignilliat Grahl Gunter Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell
Hudson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt

Milford Moore Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rowland Rush Russell Shepherd Sherman Simkins Sims Smith, J. R. Snow Sweat Thomason Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Anderson Ballard

Berry Brantley, H. H.

Brooks Buck

Caldwell Cole Collier Collins, S. Cook DeLong Dickinson Egan Ellis Fallin Farmer Floyd, J. H. Graves Hale Hamilton Harris, J. F.

WEDNESDAY, MARCH 19, 1969

2323

Harrison Hill, B. L. Hutchinson Johnson Jones, C. M. Lambert Leonard Levitas Lewis Matthews, C. McCracken Miles Miller Moate Morris Nunn

Peterson Phillips, G. S. Pickard Poole Ross Salem Scarborough Scarlett Shanahan Simmons Smith, V. T. Sorrells Thompson, A. W. Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 142, nays 0.

The Eesolution, having received the requisite constitutional majority, was adopted.

HR 226-630. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A RESOLUTION
Accepting the bid of Jamestown Shopping Center, Inc., a Georgia Corporation, for the lease of the property owned by the State of Geor gia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the "Henry Grady Hotel Property" or "Old Governor's Man sion Site Property"; and for other purposes.
WHEREAS, pursuant to the provisions of the "State Properties Control Code" (Ga. Laws 1964, pp. 146-158, as amended; (Ga. Code Ann., Ch. 91-1 A, as amended)), the State Properties Control Commis sion is empowered to and has a duty, following the determination of the fair valuation of the involved property, to receive offers to lease and to lease, through competitive bidding, the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the "Henry Grady Hotel Property" or "Old Governor's Mansion Site Property"; and
WHEREAS, the State Properties Control Commission in accord ance with Section 91-104a. (b) of the "State Properties Control Code" obtained a plat of survey of the aforestated property and two appraisals of the value of said property by qualified appraisers, both of whom are members of the American Institute of Real Estate Appraisers; and

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WHEREAS, Section 91-108a. (a) of the "State Properties Control Code" provides that the State Properties Control Commission shall de termine all of the provisions of each instrument or document prepared by it; and

WHEREAS, the State Properties Control Commission determined the Advertisement, Invitation for Bids, Instructions To Bidders, and complete forms of both the bid and Lease of the aforestated property, after Commission meetings and conferences with, and public hearings attended by, representatives of parties who had indicated an interest in leasing the aforestated property; and

WHEREAS, the availability for lease of the aforestated property was advertised once a week for four weeks in the National edition of the Wall Street Journal; and

WHEREAS, formal advertisement of the Invitation For Bids was made as required by Section 91-109a. (b) of the "State Properties Control Code"; and

WHEREAS, the State Properties Control Commission furnished sets of the "Bidding Papers" to the many parties who had indicated an interest in leasing the aforestated property; and

WHEREAS, at the public bid opening on January 20, 1969, one bid was received, and that from Jamestown Shopping Center, Inc., a Georgia Corporation, in the amount of $200,000.00 base annual rental, plus an escalation factor of 1%; and

WHEREAS, on February 11, 1969, the State Properties Control Commission, after due consideration and discussion at public meetings, formally determined Jamestown Shopping Center, Inc., a Georgia Cor poration, to be the highest responsible bidder for the lease of the aforestated property; and

WHEREAS, Section 91-109a. (d) and (e) of the "State Properties Control Code" read as follows:

"(d) If the commission formally determines the highest re sponsible bidder, the commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be wit nessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. A Resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Rep resentatives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such Resolu tion, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and Senate. Such Resolution shall be considered by the Com-

WEDNESDAY, MARCH 19, 1969

2325

mittee of the Whole House and by the Committee of the Whole Senate.

"(e) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the chairman of the commission shall forthwith execute such lease for and on behalf of the com mission and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a cer tificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the commission, advertisement, notice, invitation for bids, legislative Resolution, and any other record concerning such lease."; and

WHEREAS, pursuant to the aforesaid provisions of law, the pros pective lessee has signed the proposed lease in ten counterparts; and

WHEREAS, an exact copy of the said Lease, Invitations For Bids, Instructions To Bidders, and complete form of the Bid is attached to, incorporated in and by reference made a part of this Resolution; and
WHEREAS, the aforesaid property is not needed in any way for the operations of the various departments, boards, bureaus, commis sions or other agencies of State government; and

WHEREAS, the General Assembly has carefully considered the said bid and has determined that it should be accepted.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the proposed bid and lease are here by accepted and the Chairman of the State Properties Control Com mission, pursuant to the aforesaid provisions of law, is hereby au thorized and directed to execute such lease for and on behalf of the State of Georgia and the said State Properties Control Commission.

BE IT FURTHER RESOLVED that the State Treasurer, as Trea surer of the State Properties Control Commission, retain the $20,000.00 Bid Security submitted by Jamestown Shopping Center, Inc., a Georgia Corporation, as required in, and in accordance with the provisions of the Instructions To Bidders, until Jamestown Shopping Center, Inc., a Georgia Corporation, has deposited with the said Treasurer all of the security required by paragraph twelve (12) of Article IV and paragraph thirty-eight (38) of Article VI of the lease.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State and to Jamestown Shopping Center, Inc., a Georgia Corporation.

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FORM OF LEASE OF THE PROPERTY OWNED BY THE STATE OF GEORGIA FACING PEACHTREE, CAIN, AND SPRING STREETS IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA, AND WHICH IS NOW COMMONLY REFERRED TO AND KNOWN AS THE "HENRY GRADY HOTEL PROPERTY
OR OLD GOVERNOR'S MANSION SITE PROPERTY."

STATE OF GEORGIA, COUNTY OF FULTON:

WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code," approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a Commission to be known as the "State Properties Control Commission," which Commission was by the provisions of the said Acts and Reso lutions authorized and empowered to contract for the leasing, and to lease the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Geor gia, and which is now commonly referred to and known as the "Henry Grady Hotel Property or the Old Governor's Mansion Site Property." The said Commission was further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the said property should be leased and was further authorized and em powered to agree upon all the provisions, covenants, terms, conditions and details of a formal lease contract, which upon being prepared by the said Commission, and accepted and executed by the prospective Lessee should be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session, for acceptance or rejection of said lease by said General Assembly as provided in the State Properties Control Code; and

WHEREAS, the said Commission, organized in pursuance of the provisions of the said Acts and Resolutions, has, in regular meeting assembled, by resolution agreed to lease the said property to_~____----_-_______----_--_--_____----___.-~_--_, under the provisions, covenants, terras and conditions hereinafter set forth, which resolution, together with all the provisions, covenants, terms, conditions and details of this lease, shall be transmitted to the General Assembly by the said Com mission, as provided in Section 91-109A of said State Properties Con trol Code; and

WHEREAS, it is further provided in said Acts and Resolutions, that when said lease shall have been so prepared and approved by the General Assembly, the same shall be executed by the Chairman of the State Properties Control Commission for and on behalf of the State Properties Control Commission and the State of Georgia:

NOW, THEREFORE, THIS INDENTURE OF LEASE, made and Entered into this the _______ day of __-___-___________-_----_.____.__, 19____., by and between the State of Georgia, Party of the First Part (herein after referred to as "Lessor"), acting through the State Properties

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2327

Control Commission, and the said JAMESTOWN SHOPPING CENTER, INC., a Georgia corporation, Party (Parties) of the Second Part [If More Than One (1) Lessee, Lessees to be Bound and Liable Both Jointly and Severally] (hereinafter referred to as "Lessee"):

WITNESSETH:

ARTICLE I

Grant And Term Of Lease-- Description Of Property To Be Leased--Premises

ONE: The Lessor, under and by authority of the said Act of the General Assembly of the State of Georgia approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amenda tory thereof and supplemental thereto, and in pursuance thereof and by the said resolution of the said State Properties Control Commission, and for and in consideration of the premises and of the rents, provisions, covenants, terms, and conditions herein set forth, does hereby let, lease and demise unto Lessee, and Lessee does hereby take, lease and hire from Lessor, for a term of ninety-nine (99) years, commencing from and immediately on the termination of the lease now existing (which lease will expire and terminate at 12:00 o'clock mndnight on May 31, 1972), and expiring at 12:00 o'clock midnight on May 31, 2071, unless this lease shall be sooner terminated as hereinafter provided, the Stateowned property facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, which is now commonly referred to and known as the "Henry Grady Hotel Property or the Old Gov ernor's Mansion Site Property," the same having the following metes and bounds, to-wit:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING in Land Lot 78 of the 14th District of Fulton County, Georgia, as shown on a plat of survey entitled "PROPERTY OF THE STATE OF GEORGIA THE OLD GOVERNOR'S MANSION PROPERTY," dated October 19, 1968, and prepared by Ernest L. Boggus, P. E. & L. S., and being more particularly described as
follows:

BEGINNING at a point at the intersection formed by the south side of Cain Street with the west side of Peachtree Street, said point of beginning being located 10 feet south of the curb located on the south side of Cain Street and 15 feet west of the curb located on the west side of Peachtree Street; thence running in a southerly direction a distance of 143.0 feet to a point, said point being located 15 feet west of the curb located on the west side of Peachtree Street and 261.62 feet northerly from Ellis Street; thence running in a westerly direction, so as to form an interior angle of 90 29' 20" with the course last run, a distance of 331.59 feet to a point on the easterly side of an alley, said point being designated as point "A" on the plat of survey above referred to; thence running southwesterly along the easterly side

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of said alley a distance of 0.9 feet to a point; thence running in a westerly direction, so as to form an interior angle of 100 44' with the easterly side of said alley, a distance of 76.49 feet to a point on the easterly side of Spring Street, said point being lo cated 10 feet easterly from the curb on the east side of Spring Street and 66.30 feet northerly from Carnegie Way; thence run ning in a northeasterly direction, so as to form an interior angle of 79" 03' 30" with the course last run, a distance of 146,0 feet to a point located at the intersection formed by the easterly side of Spring Street with the south side of Cain Street, said point being located 10 feet easterly from the curb located on the east side of Spring Street, and 10.15 feet south from the curb located on the south side of Cain Street; thence running easterly along the south side of Cain Street, so as to form an interior angle of 101 02' 30" with the course last run, a distance of 75.98 feet to a point on the east side of an alley; thence running in an easterly direction so as to form an interior angle of 100 50' with the east side of said alley, a distance of 305.72 feet to the point of beginning, said point of beginning forming an interior angle of 89 26' with the course first run.
The above-described property is bounded on the north by Cain Street, on the east by Peachtree Street, on the south by Davison's and Parking Decks, and on the west by Spring Street.
Said plat of survey above-referred to, entitled "PROPERTY OF THE STATE OF GEORGIA THE OLD GOVERNOR'S MAN SION PROPERTY," dated October 19, 1968, and prepared by Ernest L. Boggus, P. E. & L. S., is attached to this lease, incor porated in and by reference made a part of this description and lease.
Also included in this lease of the above-referenced property are: (1) all buildings, other structures, or alteration that may be constructed and located on the above-described property on the commencement date of this lease; and (2) all other improvements of any nature or kind that may be located in any said buildings, other structures, alteration, or upon the above-described property on the commencement date of this lease.
However, if prior to June 1, 1972, any of the buildings, other structures, alteration or improvements now located on or in the said demised premises shall be damaged, removed, or destroyed, in whole or in part, whether insured or not, this lease, and the duties and obli gations of the Lessor and the Lessee hereunder, shall not be affected, modified or changed thereby.
All of the above-described properties are hereinafter referred to and shall be known in this lease as the "premises."
TO HAVE AND TO HOLD the premises unto Lessee, together with the appurtenances thereunto belonging or appertaining including all interests of Lessor in and to the air rights over the premises, and any easements of Lessor now or hereafter existing in, to, or under

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adjacent streets, sidewalks, alleys and party walls, for the full term of this lease in accordance with and in compliance with the provisions, covenants, terms and conditions of this lease.

ARTICLE II
Covenants of Quiet Enjoyment And As to Title--
Delivery Of Possession
TWO: Lessee paying the rents hereby reserved, and fully per forming and observing the covenants, duties and obligations by it to be performed, observed and kept, many peaceably possess, hold, enjoy and use the said leased premises with the exclusive control, possession, and enjoyment thereof during the full term of this lease.
THREE: Lessor warrants that it has fee simple title to the premises and that the premises will be delivered to Lessee free and clear of all claims, demands, obligations, mortgages, liens and encum brances of any nature or kind. However, if Lessor for any reason whatsoever, cannot deliver possession of the said premises to Lessee at the commencement of said term, this lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom; but in that event, Lessee shall be permitted to withhold payment of the rent during the period between the com mencement of the said term and the time when Lessor can deliver possession.
ARTICLE III
Encroachments
POUR: The right is hereby expressly reserved to the Lessor to remove and cause to be discontinued any or all encroachments and other adverse uses and occupancies in, to, and upon the said premises, or any part thereof, whether maintained under claim of lawful right or otherwise; and to this end Lessee hereby consents that the Lessor may withhold delivery of possession, or right of possesion to Lessee until such encroachment and other adverse uses and occupancies shall have been removed or discontinued; and the Lessor shall undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own name and behalf as the owner of the premises. It is further understood and agreed that Lessee will, if and when so requested by Lessor, join with the Lessor and become a party to any proceeding, judicial or otherwise, that may be instituted by and on behalf of the Lessor for the purpose of freeing the premises from all encroachments, adverse uses and occupancies.
It is understood and agreed that when such encroachments, adverse uses and occupancies shall have been removed by judicial proceedings or otherwise, the use of the same for the remaining period of this lease shall inure to the benefit of Lessee to the same extent as the

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other portions of the premises herein leased shall inure to it under the provisions, covenants, terms and conditions of this lease.

ARTICLE IV

Rents--Rental Bond

FIVE: Lessee accepts this lease and covenants and agrees that as rent for the said premises herein leased it will pay, into the treasury of the State of Georgia on June first (1st) of each and every year during the full term of this lease, a base annual rental of Two hundred thousand ($200,000) dollars. Said base annual rental shall be the full rental for the first (1st) year of this lease and shall be due and pay able on June 1, 1972. On June first (1st), of each succeeding year of this lease for the remainder of the first (1st) twenty-five (25) years of the lease term, Lessee shall pay, in addition to said base annual rental, an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of One (1%) per cent times the number of years the lease has run through the end of the preceding lease year. Subject, however, to the provision that the base annual rental shall in no instance be reduced to an amount lower than that specified above in this paragraph, said base annual rental shall be subject to adjustment during the term of this lease in the manner set forth in the succeeding paragraphs of this Article IV.

SIX: Six (6) months before the expiration of the twenty-fifth (25th) year of the term of this lease on May 30, 1997, the Lessor and the Lessee shall determine, in the manner set forth in paragraph seven (7) of this Article IV, a new base annual rental which shall be the rental for the twenty-sixth (26th) year of the lease term and the subject for the ensuing twenty-four (24) years of the lease term to escalation in the same manner and by the same percentage factor as set forth in paragraph five (5) of this Article IV.

SEVEN: The said new base annual rental shall be determined by computing the average of two (2) appraisals of the then fair rental value of the premises herein leased, the Lessor and the Lessee to each appoint one (1) appraiser and each to pay the cost of their appraiser. The said appraisers shall be directed to specifically include (but not be limited to) in their consideration of the fair rental value of the premises, the value of the leased land, the value of any buildings, other structures, alteration, or improvements on or in the leased premises, the fact that such buildings, other structures, alteration or improvements will belong to the Lessor upon termination of the term of this lease, and the obligation of the Lessee to pay rent hereunder, including the added rental increment due under the escalation clause. The said appraisals shall be made no earlier than nine (9) months prior to the expiration of the twenty-fifth (25th) year of the lease term and each appraiser shall be a member of a nationally recognized appraisal agency or institute.

EIGHT: Six (6) months before the expiration of the fiftieth (50th) year of this lease on May 30, 2022, a new base annual rental shall be determined in the same manner as set forth in paragraph

WEDNESDAY, MARCH 19, 1969

2331

seven (7) of this Article IV, with that new base annual rental being the rental for the fifty-first (51st) year of the lease term and the subject for the next ensuing twenty-four (24) years of the lease term to escalation in the same manner and by the same percentage factor as set forth in paragraph five (5) of this Article IV.

NINE: Six (6) months before the expiration of the seventy-fifth (75th) year of this lease on May 30, 2047, a new base annual rental shall be determined in the same manner as set forth in paragraph seven (7) of this Article IV, with that new base annual rental being the rental for the seventy-sixth (76th) year of the lease term and the subject for the last twenty-three (23) years of the lease term to escalation in the same manner and by the same percentage factor as set forth in paragraph five (5) of this Article IV.

TEN: Payment of annual rental and all other sums due to Lessor under this lease shall be made to the State Treasurer of Georgia.

ELEVEN: In the event the Lessee shall fail or refuse to pay the aforesaid annual rental to the Treasurer of the State of Georgia within five (5) days after the time named in this Article IV for the payment of such annual rental, the Lessor, upon giving ninety (90) days written notice thereof to the Lessee, and as fixed, liquidated damages and not as a penalty, may collect out of the rental security on deposit with Lessor the amount of such unpaid rental. If at any
time the Lessee shall be in arrears in an amount as much as one (1) year's annual rental, the Lessor may declare a default, and, at its option, elect to follow one of the options provided in paragraph seventytwo (72) of Article X of this lease.

TWELVE: Lessee further agrees to deposit, prior to June 1, 1972, with the Treasurer of the State of Georgia, a surety bond, issued by a responsible insurance company, legally licensed and authorized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, in the amount equal to two (2) times the then current base annual rental and/or, at Lessee's op tion, recognized valid bonds of the United States Government, in an aggregate par value equal to two (2) times the then current base annual rental.

Upon failure of Lessee to fully comply with this provision, Lessor may, without giving prior written notice to Lessee, declare a default of this lease, and, at its option, terminate the same.

THIRTEEN: Lessee agrees to maintain at all times its deposit of the said surety bond and/or bonds of the United States Government at the amount set forth in paragraph twelve (12) of this Article IV.

FOURTEEN: The adequacy of such United States Government bonds, to provide the security in the amount set forth in paragraph twelve (12) of this Article IV, shall be in the sole discretion of the Lessor. If the Lessor shall determine that the said security is inade quate, Lessee shall, within ninety (90) days following written notice by

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the Lessor of such inadequacy, make good said deficiency by the deposit of other bonds of like kind.

FIFTEEN: Lessee, in good faith, and after the initial deposit, shall have the right to change and interchange such deposited security from time to time.

SIXTEEN: Lessee, fully complying with paragraph twelve (12) of this Article IV, shall have the right to any and all interest that may accumulate on any United States Government bonds so deposited.

SEVENTEEN: If upon the termination or expiration of this lease, Lessee shall have well and truly performed the undertakings, duties, and obligations of this lease, any surety bond or bonds of the United States Government on deposit with the Lessor pursuant to paragraph, twelve (12) of this Article IV shall be returned to the Lessee.

ARTICLE V
Taxes--Special Assessments--Right To Contest Taxes, Etc.--
Receipts--Payment Of Utility Bills--And Interest
EIGHTEEN: It is hereby determined and declared by the Lessor and Lessee, that nothing contained in this lease is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interest of Lessee created by this lease.
NINETEEN: Lessee shall bear and pay to the public officer charged with the collection thereof, before the same shall become de linquent, and shall indemnify, save and hold harmless the Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind, which during the full term of this lease are or might be levied, assessed, charged or imposed upon or against the said premises and any and all alteration which will be constructed and located thereon during the term of this lease.
TWENTY: If the imposition of any tax, assessment, license fee, excise, impost, fee or charge shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such case, such item need not be paid until adjudged to be valid. Provided, however, that Lessee shall first furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such item so contested. Unless so contested by Lessee, all such taxes, assessments, license fees, excises, imposts, fees and charges, shall be paid by Lessee within the time provided by law, and if contested, any such tax, assessment, license fee, excise, impost, fee or charge shall be paid before the issuance of an execution on the final judgment.
TWENTY-ONE: After all payments are made by the Lessee pur-

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2333

suant to and in conformity with paragraphs nineteen (19) and twenty (20) of this Article V, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment.

TWENTY-TWO: Lessee is to be responsible for and shall pay all water, sanitation, gas, heat, light, power, steam and telephone services and any and all other services supplied to the said premises.
TWENTY-THREE: If Lessee fails to procure insurance, as here inafter provided, or fails to pay any taxes, assessments, license fees, excises, imposts, fees, charges, premiums of insurance, or fails in the payment of any and all amounts herein provided to be paid by Lessee, or fails in the performance of any covenants, undertakings, duties or obligations of Lessee under this lease, Lessor may, at Lessor's option, after ten (10) days prior written notice to Lessee, and on behalf of Lessee, procure any such insurance, and make any such payment or payments as may be reasonably necessary.

TWENTY-FOUR: Any reasonable amounts paid or expended by Lessor under the provision of paragraph twenty-three (23) of this Arti cle V shall be reimbursed and paid to Lessor by Lessee on demand.

TWENTY-FIVE: Any amounts payable under this lease by Lessee to Lessor and not paid when due shall bear interest at the rate of eight (8%) per cent per annum. If it becomes necessary for Lessor to bring suit for collection of any amounts herein stipulated to be paid, Lessee agrees to pay any and all such expenses and costs as Lessor may
reasonably incur.

ARTICLE VI
Use of Premises--Alteration Of Premises--Minimum Fair Market Value
Of Alteration--Date For Substantial Completion Of Alteration--
Alteration Bond(s)--Vesting Of Legal Title To Alteration-
Abandonment Of Premises--Maintenance And Repair Of
Premises--Indemnification And Save And Hold
Harmless Provisions
TWENTY-SIX: At all times, Lessee shall conform to, obey and comply with all present and future laws and ordinances, and all law ful requirements, rules, and regulations of all legally constituted au thorities, existing at the commencement of this lease or at any time during the continuance of this lease, which in any way effect the premises or the use of the premises, or any repair, replacement, demolition, renovation, construction, restoration or excavation being done on or to the premises, or in any way effecting this lease. The right to contest the validity thereof in good faith, at its sole cost and expense and its own name, is hereby reserved to the Lessee.

TWENTY-SEVEN: Lessee accepts the premises as defined in para-

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graph one (1) of Article I of this lease as suited for the present use intended by Lessee. Lessor shall not be required to make any repairs or alteration to the premises during the term of this lease, or in any manner to supply maintenance for the premises or any buildings, other structures, alteration, or improvements located thereon or therein.

TWENTY-EIGHT: However, Lessee shall, at Lessee's sole cost and expense, either add to, renovate, or construct anew (heretofore referred to and hereinafter stated in this lease as alteration) any buildings, other structures, alteration or improvements that may be constructed and located on or in the premises at the time of the commencement of this lease. The constructed and substantially completed alteration shall have a minimum fair market value of not less than three million ($3,000,000) dollars.

TWENTY-NINE: The constructed and substantially completed alteration shall be designed primarily for commercial, office, hotel, apartments or similar uses and shall be entirely contained on the leased land. The alteration may, however, be joined to buildings or structures on adjacent land provided Lessee, prior to the termination of this lease and upon the written request of Lessor, and at Lessee's own cost and expense, shall sever the said alteration so that the same shall be suit able for commercial, office, hotel, apartments or similar uses inde pendent of any other property, building or structure.

THIRTY: In making an alteration of the premises, the salvage, if any, which Lessee may be able to recover as a result of such altera tion, shall belong to Lessee. However, Lessee's right to any salvage shall not in any way be detrimental to, encroach upon, or extinguish any rights Lessor may have under the present February 1, 1922, lease of the premises, it being clearly understood by and between the par ties hereto, that the premises herein leased shall consist of only: (1) The metes and bounds property described in paragraph one (1) of Article I of this lease; and (2) those buildings, other structures, or alteration that may be constructed and located on the said property on the commencement date of this lease; and (3) those other improve ments of any nature or kind that may be located in any said buildings, other structures, alteration or upon the said property on the com mencement date of this lease.

THIRTY-ONE: While any alteration is being done on the leased premises, Lessee shall protect all adjacent property.

THIRTY-TWO: Lessee covenants and agrees to substantially com plete the alteration to the premises, on or before June 1, 1996. (The aforementioned date shall be no later than June 1, 1996.) For the pur pose of demonstrating to the Lessor that said alteration will be in the amount specified in paragraph twenty-eight (28) of this Article VI, Lessee, prior to commencing such alteration, shall deliver to Lessor preliminary architect's drawings, specifications and cost estimates of the said alteration. Lessee shall construct and complete the alteration in substantial compliance with the drawings, specifications and amend ments thereof submitted to the Lessor. Substantially complete as used in this paragraph and throughout this lease shall be construed to mean

WEDNESDAY, MARCH 19, 1969

2335

such condition as is sufficient, suitable and ready for occupancy and for the use intended. If the said alteration is not substantially com pleted by the date heretofore stated in this paragraph, Lessee hereby agrees to pay to Lessor, as fixed liquidated damages and not as a pen alty, the sum of One Hundred Dollars ($100.00)per day until the said alteration is substantially completed. However, the said alteration must be substantially completed within six (6) months following the said date heretofore stated in this paragraph.

THIRTY-THREE: Lessee covenants and agrees that the said al teration shall be construed and maintained in compliance with the laws of the State of Georgia and the fire, building, and health ordinances, rules and regulations of the City of Atlanta, and shall be built under the inspection and subject to the lawful requirements of the Building Department of the City of Atlanta, or such other office or officer authorized by law to inspect or make rules and regulations covering the construction and inspection of buildings, other structures, altera tion, or improvements.

THIRTY-FOUR: Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and for all architects', engineers', contractors', and subcon tractors' fees, and for all other expenses and costs incident to the con struction and completion of the said alteration. Provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest the same, and in such case, such item need not be paid until adjudged to be valid. Provided, further, that Lessee shall first furnish to Lessor, if requested in writing by Lessor, reason able security for the payment of such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on the final judgment.

THIRTY-FIVE: The said alteration shall be constructed and sub stantially completed free of all liens and claims of all architects', engi neers', contractors', subcontractors', mechanics', laborers and materialmen, or any other person whomsoever, except mortgage liens on Lessee's interest hereunder as hereinafter expressly permitted. Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such lien or claim, and in such case, the amount of such lien or claim need not be paid until the lien or claim is adjudged to be valid. Provided, however, that Lessee shall first furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such lien or claim so disputed or contested. Unless so disputed or contested by Lessee, all such lien or claim amounts shall be paid by Lessee before the said lien or claim is foreclosed, and if disputed or contested, any such lien or claim amount shall be paid by Lessee before the issuance of an execution on the final judgment of a foreclosure. Lessee's rights, as well as the rights of anyone, including but not limited to any mortgages or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's title, interest and reversionary estate in the premises.
THIRTY-SIX: Lessee agrees and covenants that in the event of

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the abandonment or non-completion of any alteration undertaken by it upon the said demised premises, or in the event of Lessee's failure to complete and finish the same in accordance with all the requirements of this lease, then the Lessor shall have the option, but without any obligation so to do and without prejudice to any other rights in con sequence of a default, to complete or finish such alteration at the ex pense and cost of the Lessee and, as nearly as practicable and proper, according to the plans, specifications and cost estimates then beingworked under.

THIRTY-SEVEN: The said alteration shall become a part of the leased premises and the legal title to the same shall vest in the Lessor at the termination of this lease.

THIRTY-EIGHT: Lessee further agrees to deposit with the Trea surer of the State of Georgia, prior to June 1, 1972, a surety bond, issued by a responsible insurance company, legally licensed and autho rized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, and/or, at Lessee's
option, recognized valid bonds of the United States Government, in the same amount as the minimum fair market value of the alteration set forth in paragraph twenty-eight (28) of this Article VI.

Upon failure of Lessee to fully comply with this provision, Lessor may, without giving prior written notice to Lessee, declare a default of this lease, and, at its option, terminate the same.

THIRTY-NINE: Lessee agrees to maintain its deposit of the said surety bond and/or bonds of the United States Government at the minimum fair market value of the alteration set forth in paragraph twenty-eight (28) of this Article VI.

FORTY: The adequacy of such United States Government bonds, to provide the security in the amount set forth in paragraph twentyeight (28) of this Article VI, shall be in the sole discretion of the Lessor. If the Lessor shall determine that the said security is inade quate, Lessee shall, within ninety (90) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other bonds of like kind.

FORTY-ONE: Lessee, in good faith, and after the initial deposit, shall have the right to change and interchange such deposited security from time to time.

FORTY-TWO: The bond(s) referred to in paragraph thirty-eight (38) of this Article VI is not to be confused with the bond(s) referred to in paragraph twelve (12) of Article IV of this lease. The bond(s) required in paragraph twelve (12) of Article IV of this lease shall be in an amount equal to two (2) times the then current base annual rental, while the bond(s) referred to in paragraph thirty-eight (38) of this Article VI shall be in the amount set forth in paragraph twenty-eight (28) of Article VI of this lease.

WEDNESDAY, MARCH 19, 1969

2337

FORTY-THREE: The bonds, whether surety or United States Gov ernment, so deposited by the Lessee as required by paragraph thirtyeight (38) of this Article VI shall be regarded as collateral security for the faithful performance by the Lessee of the provisions of para graph twenty-eight (28) of this Article VI of the lease.

FORTY-FOUR: Lessee, fully complying with paragraph thirtyeight (38) of this Article VI, shall have the right to any and all inter est that may accumulate on any United States Government bonds so deposited.

FORTY-FIVE: When the said alteration is constructed and sub stantially completed, the Lessor shall deliver to the Lessee the surety bond or valid bonds of the United States Government, referred to in paragraph thirty-eight (38) of this Article VI.

FORTY-SIX: Lessee shall not vacate or abandon the premises at any time during the term of this lease; and if Lessee does abandon, vacate or surrender said premises, or is dispossessed by process of law, or otherwise, any personal property or trade fixtures belonging to Lessee and left on the premises shall be deemed to be abandoned, at the option of the Lessor.

FORTY-SEVEN: The voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall, at the option of Lessor, terminate any and all existing subleases or sub tenancies, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such subleases or subtenancies.

FORTY-EIGHT: Lessee shall, at all times during the term of this lease, at its sole cost and expense, keep and maintain the said leased premises, and appurtenances and every part thereof, and any and all other buildings, other structures, alteration, or improvements that may thereafter be constructed, located on, in, and made a part of the said leased premises, in good and sanitary order, condition and repair.

In the event, at any time during the term of this lease, any altera tion, demolition, renovation, repair, replacement or other work of any nature, structural or otherwise, shall be required or ordered or be comes necessary on account of any governmental regulation now in effect or hereafter adopted, or on account of any other reason with respect to the said leased premises or with respect to any and all other buildings, other structures, alteration or improvements that may thereafter be constructed, located on, in and made a part of the said leased premises, the entire cost and expense thereof regardless of when the same shall be incurred or become due, shall be the liability of Lessee and, in no event, shall the Lessor be called upon to contribute thereto or do or pay for any work performed, materials furnished, or obligations incurred by Lessee.

FORTY-NINE: Lessee will indemnify the Lessor against, and save and hold the Lessor harmless from, any damage, injury or death to any person or property caused by the failure of Lessee to keep the

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premises in good and sanitary order, condition and repair, as herein provided.

FIFTY: Lessee, as a material part of the consideration to be ren dered to Lessor, agrees to be responsible for, to indemnify the Lessor against, and to save and hold the Lessor harmless from, any and all liabilities, damages, claims, or demands arising1 out of any accident or occurrence causing damage, injury or death to any and all persons or properties in, upon or about the premises.

ARTICLE VII

Addition--Subtraction--Renovation--

Demolition Or Construction Anew Of Said Alteration

FIFTY-ONE: If the Lessee is not in default in the performance of any of the provisions, covenants, terms and conditions of this lease, it shall have the right to add to, subtract from, renovate, demolish, or construct anew the said alteration. Provided, however, that until the said alteration, required in Article VI of this lease, has been con structed and substantially completed, no subsequent complete altera tion shall be permitted, nor shall any alteration which if not completed would cause the said alteration to no longer meet the requirements of paragraph twenty-eight (28) of Article VI hereof be undertaken unless: (A) Lessee shall provide for the replacement of the said altera tion with a new alteration which will comply with and meet the re quirements of paragraph twenty-eight (28) of Article VI of this lease; and (B) Lessee shall deliver or cause to be delivered to Lessor, for the purpose of demonstrating to the Lessor that the said proposed change will comply with the requirements of paragraph twenty-eight (28) of Article VI of this lease, preliminary architect's drawings, speci fications and cost estimates of the work to be done, at least one hundred and twenty (120) days before commencing such change. In the event of any substantial change in the drawings, specifications and cost estimates, prior to completion of such work, Lessee shall submit to Lessor notice of its intention to make such change, together with amendments to the drawings, specifications and cost estimates; and (C) Lessee shall either: (1) Deliver to Lessor a bond having a good and solvent corporate surety acceptable to Lessor, guaranteeing to Lessor the substantial completion of the proposed work in accordance with the drawings, specifications and cost estimates submitted to Lessor, and the due payment for all labor and materials incorporated in such work and all fees and other expenses incurred in connection therewith; or (2) Deliver other assurances satisfactory and accept able to Lessor for completion of such work and the due payment of
the full cost thereof.

FIFTY-TWO: Lessee agrees, at the termination of this lease, to surrender unto Lessor, all and singular the said premises with the then existing buildings, other structures, alteration and improvements constructed and located thereon and therein, in the same condition as when such buildings, other structures, alteration and improvements were constructed, only natural wear and tear excepted.

WEDNESDAY, MARCH 19, 1969

2339

ARTICLE VIII

Damage To Or Destruction Of Premises--
Repair, Restoration Or Replacement Of Premises--
Insurance--Indemnification Save And
Hold Harmless Provisions
FIFTY-THREE: At all times during the term of this lease, in cluding the period of any alteration, demolition, construction, renova tion, repair, restoration, replacement, or reconstruction on the premises, Lessee shall have all buildings, other structures, alteration and im provements insured, against any loss or damage caused by fire, light ning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, or any other type or kind of catastrophe, with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable value [One Hundred (100%) per cent] of said buildings, other structures, alteration and improvements.
FIFTY-FOUR: The contracts of insurance shall contain standard loss payable clauses to Lessor and Lessee as their respective interests may appear. The said policies shall provide that the same shall not be invalidated or cancellable until after a ten (10) day written notice has been given to Lessor, and the Insurance Commissioner of the State of Georgia.
FIFTY-FIVE: Lessee agrees and covenants that it will not do or permit to be done in, to, or about the said premises, any act or thing which will invalidate any insurance pertaining to any buildings, other structures, alteration or improvements now located thereon or therein or hereafter constructed thereon or therein; and, further, Lessee will not permit any buildings, other structures, alteration or improvements at any time to be put, kept or maintained on said premises in such condition that the same cannot be insurable in the amount of the full insurable value [One Hundred (100%) per cent].
FIFTY-SIX: Should, during the term of this lease, any existing buildings, other structures, alteration or improvements constructed and located on or in the leased premises on the date of the commencement of this lease, or hereinafter constructed and located on or in the leased premises, be damaged or destroyed by fire or any other casualty, whatsoever, Lessee shall promptly commence the work of repair, resto ration, or replacement, and shall prosecute the same with all reason able dispatch, so that within four (4) years from the date of such damage or destruction or by the end of the lease term, whichever is earlier, such buildings, other structures, alteration or improvements will have been repaired, restored or replaced by another alteration satisfying the minimum fair market value requirements set forth in paragraph twenty-eight (28) of Article VI of this lease. It being clear ly understood and agreed upon by and between the parties that dam-

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age to or destruction of any buildings, other structures, alteration or improvements on said demised premises, at any time, by fire or any other casualty whatsoever, shall not work a termination of this lease or authorize the Lessee or those claiming by, through or under it, to quit or surrender possession of the said demised premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Lessor the rent hereinbefore provided for, or from any of the provisions, covenants, terms, and conditions of this lease.

FIFTY-SEVEN: If the said repair, restoration, or replacement is not substantially completed within said four (4) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this lease), Lessee hereby agrees to pay to Lessor as fixed liquidated damages and not as a penalty, the sum of One Hundred ($100.00) Dollars per day until the said alteration is sub stantially complete or until the end of the term of this lease, whichever is earlier.

FIFTY-EIGHT: For the purpose of demonstrating to the Lessor that said repair, restoration or replacement shall be in the amount specified in paragraph twenty-eight (28) of Article VI, Lessee, prior
to commencing such repair, reconstruction or replacement, shall deliver to Lessor preliminary architect's drawings, specifications and cost esti
mates of the said repair, reconstruction or replacement. Lessee shall repair, reconstruct, replace and complete the alteration in substantial compliance with the said drawings, and specifications and amendments thereof submitted to Lessor.

FIFTY-NINE: Lessee further agrees to pay or cause to be paid all expenses in connection with said repair, restoration and replacement so that such buildings, other structures, alteration or improvements shall be free and clear from all liens and claims for labor, materials, fees or other expenses.

SIXTY: At all times during any repair, demolition, construction, renovation, restoration, or replacement of any buildings, other struc tures, improvements, or alteration, Lessee agrees, at its own cost and expense, to obtain and maintain workmen's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury to any person.

SIXTY-ONE: In defraying the cost and expense that might be incurred by Lessee in paragraph fifty-six (56) of this Article VIII, the proceeds of all insurance shall be made available to, and shall be utilized by Lessee in the repair, restoration, or replacement of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever. However, all sums necessary to effect such repair, restora tion, or replacement, over and above the amount available from said insurance moneys, shall be at the sole cost and expense of the Lessee.

SIXTY-TWO: In the event of the termination of this lease before the expenditure of the full amount of such insurance fund, any unex-

WEDNESDAY, MARCH 19, 1969

2341

pended balance remaining therein, including any interest previously earned by such balance, shall inure to and become the property of the Lessor.

SIXTY-THREE: In connection with the demolition of any build ings, other structures, alteration or improvements, on the leased land; any land excavation; any grading on the leased land; any construction, repair, restoration, or replacement of any buildings, other structures, alteration or improvements on the leased land; Lessee agrees to be re sponsible for, to indemnify the Lessor against, and to save and hold the Lessor harmless from any and all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury to any person whatsoever or damages to any property whatsoever.

SIXTY-FOUR: Lessee agrees, at its own cost and expense, to ob tain and maintain public liability insurance at all times during the term of this lease with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, with single limits for each event of not less than One Million ($1,000,000 dollars for dam ages to persons and property. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the premises.

SIXTY-FIVE: Insurance policies including all insurance required to be carried by Lessee in accordance with this lease, or, at the option of Lessee, certificates showing that such insurance is in force and noncancellable without at least ten (10) days prior written notice to Lessor and the Insurance Commissioner of the State of Georgia, shall be de livered to Lessor.

SIXTY-SIX: Lessee shall at once furnish to Lessor duplicate re ceipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease.

ARTICLE IX
Concerning Mortgage Of The Leasehold
SIXTY-SEVEN: Whenever the Lessee is not in the arrears in the payment of rent, nor in default in the performance or observance of any of the provisions, covenants, terms and conditions, of this lease, it (Lessee) shall have the right to encumber by deed to secure debt, mort gage, deed of trust, or other instrument in the nature thereof as se curity for any debt, all of Lessee's rights and interests hereunder in cluding, without limiting the generality of the foregoing, its rights and interests in and to all buildings, other structures, improvements, al teration and fixtures now or hereafter placed on the premises by the Lessee. In all respects, however, the said deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof as security for any debt, shall be subordinate, inferior and junior to Lessor's rights,

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title, privileges, liens and interests as provided in this lease. Lessee shall not have the right to, in any way, burden or encumber Lessor's fee simple title and reversionary interest in and to the premises.

SIXTY-EIGHT: If, at any time after the execution and recording in the office of the Clerk of the Superior Court of Fulton County, Geor gia, cf any such deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof encumbering Lessee's rights and in terests hereunder, the grantee, mortgagee, or trustee therein shall notify the Lessor in writing that any such deed to secure debt, mortgage, deed of trust or other instrument in the nature thereof encumbering Lessee's rights and interests hereunder, the grantee, mortgagee, or trustee there in shall notify the Lessor in writing that any such deed to secure debt, mortgage, deed of trust or other instrument in the nature thereof has been given and executed by the Lessee and shall at the same time fur nish the Lessor with the address to which it desires copies of all no tices to be mailed, Lessor hereby agrees that it will mail to such per son at the address so given, duplicate copies of any and all suits filed by Lessor against Lessee and duplicate copies of any and all written notices which the Lessor may, from time to time, give or serve upon the Lessee under the provisions, covenants, terms and conditions of this lease.

SIXTY-NINE: To the extent that Lessee may grant the right to any such grantee, mortgagee, or trustee, such grantee, mortgagee or trustee may, at its option, at any time before Lessor elects one of the options in paragraph seventy-two (72) of Article X of this lease, pay any amount or do any act or thing required of the Lessee by the terms of this lease. All payments so made and all acts or things so done and performed by any such grantee, mortgagee, or trustee, shall be as ef fective to prevent a forfeiture of the rights and interests of the Lessee hereunder as the same would have been if done and performed by the Lessee instead of any such grantee, mortgage, or trustee.

SEVENTY: Any deed to secure debt, mortgage, deed of trust, or instrument in the nature thereof given by the Lessee may, if the Lessee so desires, be so condition as to provide that as between any such grantee, mortgagee, or trustee and Lessee, said grantee, mortgagee or trustee, on making good any such default or defaults on the part of the Lessee, shall be thereby subrogated to any and all of the rights of Lessee under the provisions, covenants, terms and conditions of this lease.

ARTICLE X
Default--Termination
SEVENTY-ONE: This lease is granted on the condition that if a default shall occur, then Lessor may, at its option, terminate this lease.
SEVENTY-TWO: In the event the Lessor declares that the Lessee has defaulted in the observance or performance of any of the provisions, covenants, terms or conditions of this lease, and unless it is otherwise

WEDNESDAY, MARCH 19, 1969

2343

provided in this lease, Lessor may, at its option, upon giving ninety (90) days proir written notice to Lessee and to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with para graph sixty-nine (69) hereof, (A) Terminate this lease without any further notice to Lessee, and, thereafter, without legal process, enter upon and take immediate possession and control of the premises to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying said premises and Lessor may otherwise treat and occupy the said premises as if this lease had ex pired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of the Lessor upon any subsequent default; or (B) As Lessee's legal repre sentative, without terminating this lease, re-let the said premises without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alterations and repairs to said premises. Upon each such re-letting (1) Lessee shall be immediaately liable to pay to Lessor, in addition to any indebtedness due hereunder, the costs and expenses of such re-letting and of such alteration and repairs incurred by Lessor; and (2) at the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such altera tion and repair; and Second, to the payment of rent due and unpaid under this lease; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder.

SEVENTY-THREE: Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all rights and interests of the Lessee, and all persons whomsoever claiming by, through or under the Lessee, whether by grant, assignment, deed to secure debt, mortgage, deed of trust, sublease, foreclosure proceedings or other conveyance or encumbrance to the premises, including all en gines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, airconditioning, ventilating, gas, electric and plumbing apparatus, appli ances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improvements, shall co instante, wholly cease and determine; and the premises, in cluding all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrig erating, air-conditioning, ventilating, gas, electric and plumbing appa ratus, appliances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improve ments, shall thence forward constitute and belong to and be the abso lute property of the Lessor, the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whatever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time.

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ARTICLE XI

Assignment

SEVENTY-POUR: Lessee shall have the right to assign or trans fer this lease, or any interest therein, or any right or privilege ap purtenant thereto, provided the written consent of Lessor is first had and obtained. Any such assignment or transfer without such consent shall be void, and shall, at the option of the Lessor, terminate this lease. Provided, however, that any such assignment shall not release the Lessee from, or affect any of its obligations, duties and limitations under the terms of this lease. Any assignee or transferee of Lessee's leasehold estate, immediate or remote, shall have like power of assignment and transfer on the same conditions and subject to the same restrictions as those imposed herein on Lessee.

ARTICLE XII

Appointment Of A Receiver--General Assignment For The Benefit of CreditorsInsolvency--Bankruptcy

SEVENTY-FIVE: In addition to the happening of any event hereinabove set out which gives the Lessor the right to declare a default of this lease, the Lessor may, at its option, declare a default of this lease and elect one of the options provided in paragraph seventy-two (72) of Article X upon the happening of any or all of the following events: (a) Appointment of a receiver to take possession of all or sub stantially all of the assets of Lessee; or (B) A general assignment by Lessee for the benefit of creditors; or (C) Any action taken or suffered by Lessee under any insolvency or bankruptcy act.

ARTICLE XIII

Limited Liability

SEVENTY-SIX: Except as provided in paragraphs forty-nine (49), fifty (50) and sixty-three (63) of this lease, after substantial comple tion of any alteration, repair, restoration, or replacement of any build ings, other structures, alteration or improvements, all claims, demands, or causes of action, whether reduced to judgment or not, which Lessor may then or at any time thereafter have against Lessee because of Lessee's failure to comply with any provision, covenant, term or con dition of this lease, shall be enforceable solely against the deposited security, the property of Lessee on the leased premises, and other rights and interests of Lessee under this lease, and no other property of Lessee shall be subject to any such claim, demand or cause of action, nor shall Lessor have the right to force Lessee by injunction to perform any of the provisions, covenants, terms or conditions of this lease. Ex cept as hereinabove stated, Lessor shall continue to have all other rights, title and interests reserved to Lessor by the provisions, covenants, terms and conditions of this lease.

WEDNESDAY, MARCH 19, 1969

2345

ARTICLE XIV

Miscellaneous
SEVENTY-SEVEN: The Lessor or its agents may, but shall be under no duty to, enter the premises at reasonable times and hours to inspect the premises in order to determine whether or not Lessee is complying with its undertakings, duties and obligations under this lease.
SEVENTY-EIGHT: Lessee takes the leased premises subject to all zoning regulations and ordinances now or hereafter in force including but not limited to those as to building line and set-back. Lessor at its own expense, or Lessee at its own expense may in good faith contest and litigate as to the validity of any ordinance, rule, regulation, resolu tion or statute of any governmental body affecting the premises or Lessee's use or occupancy thereof if said ordinance, rule, regulation, resolution or statute is considered by Lessor or Lessee to be invalid.
SEVENTY-NINE: Until contrary instructions are given to Lessee in writing, all notices required to be given to Lessor hereunder shall be effectively given to Lessor if mailed by United States registered mail, return receipt requested, to the Secretary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214, State Capitol, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until contrary instructions are given to Lessor in writing, be effectively given if mailed by United States registered mail, return receipt requested, to 2211 Gas Light Tower, 235 Peachtree Street, Atlanta, Ga. 30303.
EIGHTY: Lessee shall not use or remain in possession of of the within leased premises after the expiration of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the ex piration of this lease, without written consent of the Lessor, shall not constitute a Tenant-at-Will interest in behalf of the Lessee; but Lessee shall become a Tenant-at-Sufferance at the annual rate of rent for the last year of the lease term set out above. There shall be no renewal whatsoever of this lease by operation of law.
EIGHTY-ONE: No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or prac tice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions, covenants, terms and conditions of this lease.
EIGHTY-TWO: All rights, powers and privileges conferred herein upon both parties shall be cumulative.

EIGHTY-THREE: It is mutually covenanted, understood, and agreed by and between the parties hereto, that each of the stipulations, expressions, phrases, provisions, covenants, terms, and conditions of this lease shall apply, extend to, be binding upon and inure to the benefit or detriment not only of the parties hereto, but to the legal representa-

2346

JOURNAL OF THE HOUSE,

tives, successors and assigns of the Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the premises during the term of this lease. Whenever a reference to the parties here to is made, such reference shall be deemed to include the legal repre sentatives, successors and assigns of said party, the same as if in each case expressed.

EIGHTY-FOUR: It is mutually covenanted, understood, and agreed by and between the parties hereto, that this lease contract shall be gov erned, construed, performed and enforced in accordance with the laws of the State of Georgia.

EIGHTY-FIVE: The words "terminate" or "termination" as used herein shall refer to the end of this lease whether due to the expiration of the term hereof or the earlier end of this lease by virtue of a default in the performance of one of the provisions, covenants, terms or condi tions of this lease.

EIGHTY-SIX: Whenever the singlar or plural number, or mascu line, femine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other.

EIGHTY-SEVEN: It is further understood, agreed and declared, that where the words "lease," "lessor," "lessee," "rent,", "rental" and words of similar nature are used in this lease, they are used for purposes of identification and convenience of expression.

EIGHTY-EIGHT: In the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties and obligations of this lease, the State Properties Control Commission shall act for and on behalf of the Lessor. However, the Lessor reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other authority as it may designate to per form such provisions, covenants, terms, conditions, undertakings, duties and obligations.

EIGHTY-NINE: All time limits stated in this lease are of the essence.

NINETY: This lease constitutes the full, complete, and entire agreement between and among the parties hereto; no agent, officer or representative of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agree ment, oral or written, in connection herewith modifying, adding to, or changing the provisions, covenants, terms and conditions hereof. No modification or amendment of this lease shall be binding unless such modification or amendment shall be in writing, signed by both parties hereto, attached to this lease, incorporated in and by reference made a part of this lease.
IN WITNESS WHEREOF, the said Lester G. Maddox, as Governor of the State of Georgia and Chairman of the State Properties Control Commission, has hereunto attached his official signature and caused to

WEDNESDAY, MARCH 19, 1969

2347

be affixed the great seal of the State of Georgia and the seal of the State Properties Control Commission, in behalf of said State, in dupli cate, and Lessee, JAMESTOWN SHOPPING CENTER, INC., a Georgia corporation, has signed and executed this contract and has affixed its seal if any, thereto, also in duplicate, on the day and year above written.

Signed, sealed and delivered in the presence of: (As to the signatures of Lester G. Maddox, Governor and Chairman of the State Properties Control Commission, and Ben W. Fortson, Jr., as Secretary of State and Secretary of the State Properties Control Commission)
------------------------------------------ Unofficial witness

STATE OF GEORGIA

Ry Ag Governor and as Chairman of the state Properties Control Commission

ATTTrarr ATTEST.

^_^---- ------ As Secretary of State and Secretary of the State Properties Control Commission

Notary Public
My Commission expires______ (Notary Public Seal) Attest:

JAMESTOWN SHOPPING CENTER, INC., a Georgia corporation
By . /s/ John c . Portman, Jr., President

Signed, sealed and delivered in the Attest: /s/ James M. Caswell, Jr.,

presence of:

Secretary

Unofficial witness

(CORPORATE SEAL)

/s/ Glady J. Knuckles Notary Public, Georgia, State at Large. My Commission ex pires Oct. 31, 1970. (Notary Public Seal)

CERTIFICATE OF CORPORATE RESOLUTION
I, James M. Caswell, Jr., duly elected and acting Secretary of Jamestown Shopping Center, Inc., a Georgia corporation, certify as follows:
1.
At a special meeting of the Board of Directors of Jamestown Shop ping Center, Inc., duly convened and conducted, in accordance with the by-laws of the corporation, on January 20, 1969, in Atlanta, Georgia, and attended by all of the directors, the following action was taken:

2348

JOURNAL OF THE HOUSE,

"Upon motion duly made and seconded, it was unanimously re solved that this corporation submit a bid to the State Properties Con trol Commission upon such terms and conditions as the President of this corporation shall determine, in his discretion, and in accord ance with the Invitation for Bids, Instruction to Bidders and Forms of Bid and Lease published by the State Properties Control Com mission; and further resolved, should this corporation be the suc cessful bidder, the President of this corporation be, and is hereby authorized and directed to execute and deliver the Lease Agreement with the State of Georgia and the Secretary be, and is hereby au thorized and directed to attest the signature of the President and to affix the Corporate Seal thereto; and further resolved that the Secretary be, and is hereby authorized and directed to execute, do and perform anything that he determines to be necessary, in his discretion, to consummate the Lease Agreement with the State of Georgia on the basis of the bid submitted by this corporation".

2.

Such action taken by the Board of Directors on January 20, 1969 has not been modified, amended or rescinded.

3.
The duly elected and acting President of this corporation is John C. Portman, Jr.
IN WITNESS WHEREOF, the Secretary has hereunto set his hand and affixed the Corporate Seal of Jamestown Shopping Center, Inc.
/s/ James M. Caswell, Jr.
STATE PROPERTIES CONTROL COMMISSION ROOM 214, STATE CAPITOL ATLANTA, GEORGIA 30334
INVITATION FOR BIDS, INSTRUCTIONS TO BID DERS, AND COMPLETE FORMS OF BOTH THE BID AND LEASE, CONCERNING THE PROPOSED LEAS ING OF THE PROPERTY OWNED BY THE STATE OF GEORGIA FACING PEACHTREE, CAIN, AND SPRING STREETS IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA, AND WHICH IS NOW COM MONLY REFERRED TO AND KNOWN AS THE "HENRY GRADY HOTEL PROPERTY OR OLD GOV ERNOR'S MANSION PROPERTY."

INVITATION FOR BIDS
Sealed bids will be received by the State Properties Control Com mission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334, until 1:55

WEDNESDAY, MARCH 19, 1969

2349

P. M., E. S. T., January 20, 1969, to be opened by the Governor as Chairman of the State Properties Control Commission at 2:00 P.M., E. S. T., January 20, 1969, in Room 341, State Capitol, Atlanta, Georgia, for the leasing of the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Pulton County, Georgia, and which is now commonly referred to and known as the "Henry Grady Hotel Property or Old Governor's Mansion Site Property." The said property is more particularly described in the form of Lease attached to, incorporated in, and by reference made a part of the Instructions To Bidders, which said Instructions set forth the terms of this Invitation.

Copies of such Instructions, including the complete form of both the Bid and Lease, may be obtained on request from the Secretary of the State Properties Control Commission, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334.
Bids are invited from responsible parties for the leasing of the said "Henry Grady Hotel Property Or Old Governor's Mansion Site Property" in accordance with all the provisions, covenants, terms and conditions contained in the form of Lease and subject to all applicable provisions of law, particularly an Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended.
The State Properties Control Commission reserves the right to reject any or all bids and to waive informalities in bidding.
This the 10th day of December, 1968.
STATE PROPERTIES CONTROL COMMISSION
BY: /s/ Ben W. Fortson, Jr., Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia

INSTRUCTIONS TO BIDDERS
These Instructions To Bidders set forth the terms of the foregoing Invitation For Bids for the leasing of the said "Henry Grady Hotel Property Or Old Governor's Mansion Site Property" more particularly identified hereafter. The attached form of Lease is incorporated in, and by reference made a part of these Instructions.
The Property
The property which is advertised for bidding is the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now com-

2350

JOURNAL OF THE HOUSE,

monly referred to and known as the "Henry Grady Hotel Property or Old Governor's Mansion Site Property." The said property is more par ticularly described in paragraph one (1) of Article I of the form of Lease attached to, incorporated in, and by reference made a part of these Instructions.

Form Of Lease

No additions, deletions, changes, substitutions or explanations shall be made by any of the bidding parties to or in the whole or any part of the attached hereto form Lease, and if made, the same shall not be considered or accepted by the State Properties Control Commission.

Preparation Of Bids

Each bid must give the full business address of the bidder and must be made only on the attached Bid form and Exhibit "A" which said Exhibit is attached to, incorporated in and by reference made a part of the attached Bid form.

In order for a bidding party to submit a responsive bid to the In vitation For Bids, the bidding party is hereby instructed to execute both the Bid form at the appropriate provided spaces and to fill in the blanks provided in lines 9 and 17, Page 1 of Exhibit "A," and lines 2
and 3, Page 2 of Exhibit "A," which said Exhibit is attached to, incor porated in and by reference made a part of the Bid form.

No additions, deletions, changes, substitutions or explanation shall be made by any bidding party to or in the whole or any part of either the attached Bid form or the attached Exhibit "A," and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids.

(a) A bid by an individual shall be signed by the bidder with his usual signature.

(b) A bid by a partnership must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representa tive, followed by the signature and designation of the person signing.

(c) A bid by a corporation must be signed with the legal name of the corporation, followed by the name of the state of incorpora tion and by the signature and designation of the president or other person duly authorized to execute and bind the corporation in its bid. The same to be attested by the Secretary or other person duly authorized to attest to contracts of the corporation. The corporate seal of the corporation must also be affixed to the attached Bid form.
The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the

WEDNESDAY, MARCH 19, 1969

2351

word "president," "secretary," "agent," or other designation shall con stitute the covenant of such person that he is authorized to sign and submit such bid on behalf of his principal. When requested by the Chairman or Secretary of the State Properties Control Commission, other satisfactory evidence of the authority of any agent signing in behalf of his principal shall be furnished. A bid by a person who af fixes to his signature the word "president," "secretary," "agent," or other designation, without disclosing hhis principal, may be held to be the bid of the individual signing.

The envelope containing the complete bid (Bid form and Exhibit "A" must be securely sealed and marked on the upper left-hand corner with the name and address of the bidder, a designation of the property bid upon (to wit: "Henry Grady Hotel Property Or Old Governor's Mansion Site Property"), and the date and hour of the bid opening, and addressed as follows:

Ben W. Portson, Jr., Secretary State Properties Control Commission Room 214, State Capitol Atlanta, Georgia 30334

Bid Security

Each bid must be accompanied by a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the Chairman of the State Properties Control Commission, in the amount of ten (10) per cent of the base annual rental bid. Such checks shall be returned to all unsuccessful bidders within twenty (20) days after the Lease has been executed by the bidder awarded the Lease, or after all bids have been rejected. However, the check of the successful bidder shall be retained by the Sate Properties Control Com mission until the successful bidder has deposited all of the security re quired by paragraph twelve (12) of Article IV and paragraph thirtyeight (38) of Article VI of the attached hereto form of lease.

Liquidated Damages
If a successful bidder fails or refuses to enter into the Lease, pur suant to the requirements of the Instructions, within the specified time, or if such bidder, after executing the Lease and before the term of said Lease commences, declares or demonstrates his intention not to be bound by the Lease, then the check deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia as fixed liquidated damages and not as a penalty, and the Chairman of the State Properties Control Commission shall collect the same for the benefit of the State of Georgia.

Opening Of Bids
Bids for the leasing of the above-described property will be re ceived by the State Properties Control Commission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State

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JOURNAL OF THE HOUSE,

Capitol, Atlanta, Georgia 30334 until 1:55 P. M., E. S. T., January 20, 1969, to be opened by the Governor as Chairman of the State Properties Control Commission at 2:00 P. M., E. S. T., January 20, 1969, in Room 341, State Capitol, Atlanta, Georgia. All such bids will be publicly opened and read aloud for the information of bidders and others prop erly interested who may be present either in person or by representative.

Award Of Lease

The State Properties Control Commission shall formally determine the highest responsible bidder whose bid and check shall have been made and filed in conformity with the Invitation For Bids and these Instruc tions, and the Lease shall be awarded to the highest responsible formal bidder therefor, unless in the judgment of the Commission it shall be in the best interest of the Statee of Georgia to reject any or all bids, or to waive informalities in bidding. In either event, the Commission shall proceed accordingly.

The high bid shall be ascertained as follows: The total return in dollars to the State for the first (1st) twenty-five (25) years of the lease term to be computed in accordance with paragraph five (5) of Article IV of the Lease which is attached to, incorporated in and by reference made a part hereof. The highest such total shall be the high bidder.

A bidder to whom an award is made must enter into the Lease in the form attached hereto within ten (10) days from the date of receiv ing written notice of the acceptance of his bid. The Lease shall be exe cuted by the Lessee with the same requisites, formality, attestation and acknowledgment as is prescribed and required by the laws of the State of Georgia for the execution and recording of deeds conveying an in terest in real property.

The signing of the Lease shall constitute a bid by the prospective Lessee subject to approval by Resolution by the General Assembly as provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. Such bid shall thereafter not be subject to revo cation unless rejected by the General Assembly.

Withdrawal of Bid

A bid may be withdrawn on the written or telegraphic request re ceived by Ben W. Fortson, Jr., Secretary, State Properties Control Com mission, Room 214, State Capitol, Atlanta, Georgia 30334, from the bidder prior to the time fixed for the opening of bids by the Governor as Chairman of the State Properties Control Commission. Negligence on the part of a bidder in preparing his bid confers no right for the

WEDNESDAY, MARCH 19, 1969

2355

withdrawal of the bid after it has been publicly considered. This, the 10th day of December, 1968.

STATE PROPERTIES CONTROL COMMISSION

BY: /s/ Ben W. Portson, Jr., Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia

TO: The Governor As Chairman, State Properties Control Commission State Capitol Atlanta, Georgia 30334

BID
The undersigned, as bidder, hereby declares that each party inter ested in this Bid as a principal is named herein and that no other partyhas any interest in this Bid or in the Lease to be entered into; that thisBid is made without connection with any other party making a Bid; and that this Bid is in all respects fair and in good faith, without collusion or fraud.
The undersigned further declares that he has carefully examined and fully understands the attached Invitation For Bids, Instructions ToBidders, The Form Of Lease, Exhibit "A," and the Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The undersigned acknowledges that the Lease is subject to the approval of the General Assembly. The attached Invitation For Bids, Instructions To Bidders and The Form Of Lease are hereby incorporated in and by refrence made a part of this Bid. Also attached hereto marked Exhibit "A" and incor porated in and by reference made a part of this Bid is the verbatim language of paragraph five (5) of Article IV and paragraph thirty-twa (32) of Article VI of the attached Lease form.
As heretofore stated in the Preparation Of Bids on page 4, each Bid must give the full business address of the bidder and must be made only on this Bid form and Exhibit "A" which is attached to, incorporated' in and by reference made a part of this Bid form.
As further stated in the Preparation Of Bids on page 4, a bidding' party in order to submit a responsive Bid to the Invitation For Bids is instructed to execute both this Bid form at the appropriate provided spaces and to fill in the blanks provided in lines 9 and 17, Page 1 of Exhibit "A," and lines 2 and 3, Page 2 of Exhibit "A," which said Ex hibit is attached to, incorporated in and by reference made a part of this Bid form.
As still further stated in the Preparation Of Bids, no additions, deletions, changes, substitutions or explanations shall be made by any

2354

JOURNAL OF THE HOUSE,
bidder to or in the whole or any part of either this Bid form or the attached Exhibit "A," and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids.

The undersigned offers and agrees to contract with the State of Georgia acting through the State Properties Control Commission by entering into a lease identical to the attached form of Lease within ten (10) days from the date of receiving written notice of the Commission's acceptance of this Bid as above provided and to fully and faithfully comply with all of the duties and obligations of the Lessee contained in such Lease.

Attached hereto is a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the Chairman of the State Properties Control Commissioin, in the amount of ten (10) per cen of the base annual rental bid. The undersigned agrees that in case of failure on his part to execute such Lease within ten (10) days from the date of receiving written notice of the ac ceptance of this Bid as above provided, or if after executing the Lease and before the term of said Lease commences, the undersigned declares or demonstrates his intention not to be bound by the Lease, then such check, and the money payable thereby, shall be paid into the Treasury of the State of Georgia as fixed liquidated damages for such failure and
not as a penalty.

The full name and business address of each party interested in this Bid, as principal, is as follows:

JAMESTOWN SHOPPING CENTER, INC., A GEORGIA CORPORATION

GAS LIGHT TOWER SUITE 2211 235 PEACHTREE STREET, N. E. ATLANTA, GEORGIA

Signed and sealed this, the 20th day of January, 1969.

JAMESTOWN SHOPPING CENTER, INC.-GEORGIA

Bidder /si John C. Portman, Jr., (Seal) President

/a/ James M. Caswell, Jr., Secretary

(Seal)

WEDNESDAY, MARCH 19, 1969

2355

ARTICLE IV

Rents--Rental Bond

FIVE: Lessee accepts this lease and covenants and agrees that as rent for the said premises herein leased it will pay, into the treasury of the State of Georgia on June first (1st) of each and every year during the full term of this lease, a base annual rental of Two Hundred Thou sand ($200,000.00) dollars. Said base annual rental shall be the full rental for the first (1st) year of this lease and shall be due and payable on June 1, 1972. On June first (1st), of each succeeding year of this lease for the remainder of the first (1st) twenty-five (25) years of the lease term, Lessee shall pay, in addition to said base annual rental, an amount equal to the product obtained by multiplying the said base an nual rental by an escalation of one (1%) per cent times the number of years the lease has run through the end of the preceding lease year. Subject, however, to the provision that the base annual rental shall in no instance be reduced to an amount lower than that specified above in this paragraph, said base annual rental shall be subject to adjustment during the term of this lease in the manner set forth in the succeeding paragraphs of this Article IV.

EXHIBIT "A"
THIRTY-TWO: Lessee covenants and agrees to substantially com plete the alteration to the premises, on or before June 1, 1996. (The aforementioned date shall be no later than June 1, 1996.) For the pur pose of demonstrating to the Lessor that said alteration will be in the amount specified in paragraph twenty-eight (28) of this Article VI, Lessee, prior to commencing such alteration, shall deliver to Lessor preliminary architect's drawings, specifications and cost estimates of the said alteration. Lessee shall construct and complete the alteration in substantial compliance with the drawings, specifications and amend ments thereof submitted to the Lessor. Substantially complete as used in this paragraph and throughout this lease shall be construed to mean such condition as is sufficient, suitable and ready for occupancy and for the use intended. If the said alteration is not substantially completed by the date heretofore stated in this paragraph, Lessee hereby agrees to pay to Lessor, as fixed liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially completed. However, the said alteration must be sub stantially completed within six (6) months following the said date here tofore stated in this paragraph.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering HR 226-630. The Speaker designated Mr. Chandler of the 34th as the Chairman thereof.

The Committee of the Whole arose and through its Chairman reported HR 226-630 back to the House with the recommendation that the same "Do Pass".

2356

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Chandler of the 34th District moves to correct typographical errors in the form of lease attached to, incorporated in and by reference
made a part of HR 226-630 by amending the said form of lease, and thereby amending HR 226-630 as follows:

First, by striking the following words from lines 6 and 9 of para graph twenty-six on page 13 of the Form Of Lease attached to, incor porated in and by reference made a part of HR 226-630:
"effect"
"effecting"
"affect"

and substituting in lieu thereof the following words: "affect"

"affecting"
so that when amended paragraph twenty-six of the Form Of Lease at tached to, incorporated in and by reference made a part of HR 226-630 shall read as follows:

"TWENTY-SIX: At all times, Lessee shall conform to, obey and comply with all present and future laws and ordinances, and all lawful requirements, rules, and regulations of all legally con stituted authorities, existing at the commencement of this lease or at any time during the continuance of this lease, which in any way affect the premises or the use of the premises, or any repair, re placement, demolition, renovation, construction, restoration or ex cavation being done on or to the premises, or in any way affecting this lease. The right to contest the validity thereof in good faith, at its sole cost and expense and in its own name, is hereby reserved to the Lessee."

Second, by striking the following word from line 2 of paragraph Thirty-Three on page 15 of the Form of Lease attached to, incorporated in and by reference made a part of HR 226-630:
"construed"
and substituting in lieu thereof the following word:
"constructed"

WEDNESDAY, MARCH 19, 1969

2357

so that when amended paragraph Thirty-Three of the Form Of Lease attached to, incorporated in and by reference made a part of HR 226-630 shall read as follows:

"THIRTY-THREE: Lessee covenants and agrees that the said alteration shall be constructed and maintained in compliance with the laws of the State of Georgia and the fire, building, and health ordinances, rules and regulations of the City of Atlanta, and shall be built under the inspection and subject to the lawful re quirements of the Building Department of the City of Atlanta, or such other office or officer authorized by law to inspect or make rules and regulations covering the construction and inspection of buildings, other structures, alteration, or improvements."

Third, by striking the following words from line 13 of paragraph Seventy-Three on page 29 of the Form Of Lease attached to, incor porated in and by reference made a part of HR 226-630:
"co instante"
and substituting in lieu thereof the following words:
"eo instanti"
and by striking the following word from line 14 of paragraph SeventyThree on page 29 of the Form Of Lease attached to, incorporated in and by reference made a part of HR 226-630:
"enginges"
and substituting in lieu thereof the word: "engine"

so that when amended paragraph Seventy-Three of the Form Of Lease attached to, incorporated in and by reference made a part of HR 226-630 shall read as follows:

"SEVENTY-THREE: Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all rights and interests of the Lessee, and all persons whomsoever claiming by, through or under the Lessee, whether by grant, assign ment, deed to secure debt, mortgage, deed of trust, sublease, fore closure proceedings or other conveyance or encumbrance to the premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, airconditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well asother fixtures attached to or in the premises, all buildings, other structures, alteration and improvements, shall eo instanti, wholly cease and determine; and the premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire

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JOURNAL OF THE HOUSE,
escapes, and all lifting, lighting, heating, cooling, refrigerating, air conditioning, ventilating, gas, electric and plumbing apparatus, ap pliances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improve ments, shall thence forward constitute and belong to and be the ab solute property of the Lessor, the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whatever, and free and dis charged from all and every lien, encumbrance, claim and charge of any charater created or attempted to be created by the Lessee at any time.

The report of the Committee, which was favorable to the adoption of the Eesolution, was agreed to, as amended.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Barber Berry Black Blalock Bond Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Chandler Clarke Cole Collins, M. Collins, S. Colwell Connell Cook Dailey Daugherty Bavis, E. T. Dean, J. E. Dean, N. DeLong Dent Diekinson Evans

Ezzard Pelton Funk Gary Graves Harrington Harris, J. F. Harrison Hawes Holder Hood Horton Joiner Jones, C. M. Jones, Herb Keyton Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniel Melton Miles Milford

Miller Murphy Nash Northcutt Paris Parker, C. A. Patterson Phillips, G. S. Potts Rainey Roach Ross Rowland Rush Russell Salem Shanahan Shepherd Sherman Simmons Sims Smith, V. T. Sweat Thompson, A. W. Thompson, R. Toles Whaley Wheeler, J. A.
Wilkerson Williams Winkles Wood

WEDNESDAY, MARCH 19, 1969

Those voting in the negative were Messrs.

Ballard Battle Bell Bohannon Bostick Bowen Caldwell Gates Cato Collier Conger Cooper Crowe Davis, W. Dodson Douglas Fallin Farrar Gaynor Geisinger

Gignilliat Grahl Harris, J. R. Harris, R. W. Henderson
Hill, G. Housley Howell Hudson Hutchinson Jones, M. Jordan, G. Jordan, H. S. Keen Knowles Lane, Dick Lee, W. S. Longino Marcus Merritt

Moate Morris Mullinax Nunn Odom Pafford Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pinkston Scarborough Simkins Snow Thomason Vaughn Ware Westlake Wilson

Those not voting were Messrs.:

Anderson Barfield Bennett Brantley, H. L. Buck Conner Dixon Dorminy Edwards Egan Ellis Farmer Floyd, J. H.

Floyd, L. R. Gunter Hadaway Hale Hamilton Hargrett Higginbotham Hill, B. L. Johnson
Knapp Levitas Lewis Moore

Nessmith Peterson Pickard Poole Reaves Scarlett Smith, J. R. Sorrells Town send Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 98, nays 59.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Mr. Levitas of the 77th requested that he be recorded as having voted against the adoption of HR 226-630, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

2360

JOURNAL OF THE HOUSE,

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, and Russell and Keyton of the 70th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia, and for other purposes.

The following Senate amendment was read:
Senator Eldridge of the 7th moves to amend House Bill 407 as follows:
By inserting in the title, immediately before the phrase "to provide an effective date", the following:
"to add one additional judge of the superior court to the Waycross Judicial Circuit; to provide for his appointment and the elec tion of successors; to provide all the procedures connected with the foregoing;".
By renumbering Sections 12, 13 and 14 as Sections 19, 20 and 21, respectively.
And, by adding, following Section 11, the following new sections:
"Section 12. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., Sec. 2-3801), one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective April 15, 1969.
"Section 13. The additional judge provided for by Section 12 shall be appointed by the Governor for a term of office beginning April 15, 1969, and continuing through December 31, 1970, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to April 1, 1969, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1970, for a term of four years begin ning on the first day of January, 1971, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State.
"Section 14. The two judges of the superior courts for the Waycross Judicial Circuit of Georgia in transacting the business of

WEDNESDAY, MARCH 19, 1969

2361

said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of serv ice shall be the senior judge. The senior judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Act of 1951, as amended (Ga. Laws Code Ann., Sec. 24-2403), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Waycross Judicial Circuit shall have, and they are hereby clothed with full power, authority and discretion to deter mine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear cham bers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control.

"Section 15. The drawing and empanelling of all jurors, wheth er grand, petit, or special may be by either of the judges of the superior courts of the Waycross Judicial Circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time.

"Section 16. The two judges of the Waycross Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

"Section 17. The governing authority of the respective coun ties comprising the Waycross Judicial Circuit are hereby fully authorized and empowered to provide such suitable courtroom, jury rooms and chambers for the two judges of the Waycross Judicial Circuit as may be necessary upon the recommendation of said judges.

2362

JOURNAL OF THE HOUSE,

"Section 18. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Waycross Judicial Circuit may bear teste in the name of any judge of said Waycross Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof."

Mr. Harris of the 77th moved that the House disagree to the Senate amend ment.

The motion prevailed and the House disagreed to the Senate amendment to HB 407.

Under the general order of business established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:

HR 310-905. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A Resolution authorizing the conveyance of land by Dougherty County, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond

Bostick Brantley, H. H. Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Gates Cato Chandler Clarke Collier

Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E.

Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Ellis Evans Ezzard Fallin Farrar Felton Fioyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson

WEDNESDAY, MARCH 19, 1969

2363

Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nessmith Northeutt Nunn Odom Pafford Paris Parker, C. A.

Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles
Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Anderson Barfield Bowen Brantley, H. L. Bray Buck Caldwell Cole Collins, M. Dorminy Egan

Farmer Geisinger Hale Hamilton Hill, B. L. Jones, C. M. Jones, M. Leonard Le vitas Lewis Mason

Matthews, C. McCracken Miller Nash Phillips, G. S. Pickard Pinkston Poole Reaves Smith, J. R. Smith, V. T.

2364
Townsend Vaughn

JOURNAL OF THE HOUSE,
Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 310-905 was ordered immediately transmitted to the Senate.

HR 228-644. By Messrs. Dickinson of the 118th, Farrar, Thomason and Levitas of the 77th, and others.
A Resolution urging the Governor to acquire title to a certain tract of property for the State of Georgia, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bennett Berry Bohannon Bond Brantley, H. H. Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Gates Cato

Chandler Clarke Cole Collier Collins, S. Colwell Cong-er Corinell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon

Dodson Dorminy Edwards Evans Ezzard Fallin Farrar Felton Floyd, L. R, Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hargrett Harris, J. F. Harris, J. R.

WEDNESDAY, MARCH 19, 1969

2365

Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood H orton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas

Longino Lowrey Marcus Mason Mauldin McClatchey McDaniell Melton Merritt Miles Miller Moore Morris Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Rainey Roach Ross

Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Westlake Whaley Wheeler, Bobby Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Blalock

Douglas

Potts

Those not voting were Messrs.:

Barfield Bell Black Bostick Bo wen Brantley, H. L. Bray Buck Caldwell Collins, M. Dailey Dean, J. E. Egan Ellis Farmer Floyd, J. H.

Geisinger Hale Hamilton Harrington Harrison Holder Jones, C. M. Lane, W. J. Lewis Matthews, C. Matthews, D. R. Maxwell McCracken Milford Moate Mullinax

Nash Nessmith Parker, H. W. Pickard Pinkston Poole Reaves Scarborough Thompson, R. Townsend Vaughn' Wamble Ware Wheeler, J. A. Mr. Speaker

2366

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 145, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 610. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 93-4 so as to provide authority and power for the Georgia Public Service Commission to en join any and all violations of rules established for the safe installation of all natural gas transmission and distribution facilities within this State, and for other purposes.

The following amendment was read and adopted:
Mr. Hill of the 94th moves to amend HB 610 by striking the entire sentence which reads: "It shall not be necessary in order to obtain this equitable relief to allege or prove that there is no adequate remedy at law."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Bohannon Bostick Brantley, H. H. Brooks Brown, C. Burruss Busbee Carnes

Gates Cato Chandler Cole Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.

DeLong Dei}t Dickinson Dodson Dorminy Douglas Edwards Evans Ezzard Fallin Parrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat

Grahl Graves Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner
Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J.

WEDNESDAY, MARCH 19, 1969

2367

Lee, W. J. (Bill) Lee, W. S. Le vitas Longino
Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Moore Morris Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L.

Phillips, W. R. Rainey Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Snow
Sorrells Thomason Thompson, A. W. Thompson, R. Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those voting in the negative were Messrs.:

Blalock

Leonard

Potts

Those not voting were Messrs.:

Barfield Bennett Bond Bo wen Brantley, H. L. Bray Brown, B. D. Buck Caldwell Clarke Collier Conner Dixon Egan Ellis Farmer

Floyd, J. H. Gunter Hale Hamilton Harrison Hawes Henderson Johnson Jones, C. M. Lewis 'Matthews, C. McCracken Miller Mullinax Murphy Nash

Phillips, G. S. Pickard Pinkston Poole Reaves Scarborough Simkins Smith, V. T. Sweat Toles Townsend Ware Wilson Mr. Speaker

2368

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 146, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State of Republic and referred to the Committee on Natural Resources:

HR 344. By Mrs. Merritt of the 46th:
A Resolution creating the Andersonville Liaison Study Committee, and for other purposes.

The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HR 82-219. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th, and Jones of the 59th:
A Resolution creating the Georgia Coastal Islands Study Committee, and for other purposes.

The following Senate amendments were read:
The Senate Committee on Rules moves to amend HR 82-219 as follows:
By striking the following:
"BE IT FURTHER RESOLVED that each member of said Committee shall be authorized to meet for such number of days as may be necessary for the Committee to fully and adequately carry out its duties and complete its studies, but the Speaker of the House and the President of the Senate may jointly, at their discretion, set a maximum number of days that the members of the Committee shall be authorized to meet.",
and inserting in lieu thereof the following:
"BE IT FURTHER RESOLVED that the Committee shall meet for not more than ten (10) days."
Senator Kennedy of the 4th moves to amend HR 82-219 by striking the period at the end of the first sentence and by adding thereto the

WEDNESDAY, MARCH 19, 1969

2369

following: "one member of the Board of Trustees of the Georgia Marsh land and Island Foundation appointed by the Chairman of the Board of Trustees of said Foundation."

Mr. Nessmith of the 44th moved that the House agree to the Senate amend ments.
On the motion to agree, the ayes were 115, nays 0.

The Senate amendments to HR 82-219 were agreed to.

The following Bill of the Senate was taken up for the purpose of considering: the Senate's disagreeing to the House substitute thereto:

SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating an autonomous Division for Children and Youth and a State Board for Children and Youth, and for other purposes.

Mr. Chandler of the 34th moved that the House insist on its position in sub stituting SB 149, and the motion prevailed.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 866. By Mr. Hale of the 1st:
A Bill to be entitled an Act to authorize any court of competent jurisdic tion to require the posting of a bond by any parties seeking, in any pub lic lawsuit, to declare invalid, enjoin, or prevent the financing, construcing, improving, or leasing of any public improvement project, or facility or the creation, organization, or formation of any political subdivision, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

2370

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brooks Brown, B. D. Brown, C. Burruss Busbee Games Gates Cato Chandler Clarke
Cole
Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson
Edwards
Egan
Evans
Ezzard
Farmer
Farrar
Felton

Floyd, J. H. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Ho well Hudson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus
Mason
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
Melton

Merritt Miles Milford Moate Morris Mullinax Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Winkles
Wood

Voting in the negative was Mr. Whaley.

WEDNESDAY, MARCH 19, 1969

2371

Those not voting were Messrs.:

Ballard Barfield Battle Brantley, H. L. Bray Buck Caldwell Collier Collins, M. Conner DeLong Dixon Dorminy Douglas Ellis Fallin

Floyd, L. R. Gunter Hadaway Hale Hamilton Harris, J. F. Hawes Hutchinson Jones, C. M. Keen Lane, W. J. Lewis Matthews, C. McCracken Miller Moore

Murphy Nessmith Parker, H. W. Phillips, G. S. Pickard Poole Ross Rowland Rush Simkins Sweat Townsend Wamble Wilson Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th: A Bill to be entitled an Act to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation, so as to provide for the taking of testimony, and for other purposes.
The following amendment was read and adopted: Mr. Mullinax of the 30th moves to amend HB 852 as follows: By inserting in the last phrase appearing in Section 1 between the
words "may" and "be" the following: ", within the discretion of the presiding Deputy Director, Direc
tor, or Directors,".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

2372

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger . Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W., Dean, N. DeLong Dent Dickinson Dodson Dorminy Douglas Edwards Ellis Evans
Ezzard
Fallin
Farmer
Farrar
Felton

Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, D. R.
Mauldin
McClatchey
McCrackeni
McDaniell
Melton

Merritt Miles Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinks ton Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Snow Sorrells Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby
Wheeler, J. A.
Wilkerson'
Williams
Winkles
Wood

WEDNESDAY, MARCH 19, 1969

2373

Those not voting were Messrs.:

Atherton Barfield Bostick Bowen Bray Brooks Burruss Collins, M. Conner Dean, J. E. Dixon Egan

Hale Hamilton Harris, J. F. Hawes Henderson Housley Leonard Lewis Matthews, C. Maxwell Miller Moate

Phillips, G. S. Pickard Poole Reaves Sherman Smith, V. T. Sweat Thomason Townsend VaUghn Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 852 was ordered immediately transmitted to the Senate.

HR 304-889. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of the tax im posed on the sale and use of the Holy Bible and Testament until the next meeting of the General Assembly, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield

Bell Bennett Berry Black Blalock Bohannon Bond

Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee

2374
Caldwell Carries Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daug-herty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson
Dodson
Dorminy
Douglas
Edwards
Evans
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger Gignilliat
Grahl
Graves
Gunter
Hadaway
Hargrett
Harrington

JOURNAL OF THE HOUSE,

Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higgiribotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton
Knapp
Knowles
Kreeger
Lane, Dick
Lee, W. J. (Bill)
Lee, W. S.
Le vitas
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin!
Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate
Moore

Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pinkston Potts Roach Rowland Rush Russell Scarborough
Scarlett
Shanahan
Shepherd
Sherman
Simkins
Simmons
Sims
Smith, J. R.
Snow
Sorrells
Thomason
Thompson, R.
Toles
Vaughn
Wamble
Ware
Westlake
Wheeler, J. A.
Wilkerson
Williams
Wilsort
Winkles
Wood

Voting in the negative was Mr. W. R. Phillips.

WEDNESDAY, MARCH 19, 1969

2375

Those not voting were Messrs.:

Battle Bostick Bowen Bray Brooks Conner DeLong Dixon Egan Ellis Hale Hamilton

Hawes Jones, M. Lambert Lane, W. J. Leonard Lewis McCracken Phillips, G. S. Pickard Poole Rainey

Reaves Ross Salem Smith, V. T. Sweat Thompson, A. W. Townsend Whaley Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 161, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 305-889. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collections of taxes im posed by the Sales and Use Tax Act upon the sale of tangible personal property to certain hospitals until the next meeting of the General As sembly, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Athertori Ballard Barber Barfield Battle Bell Bennett

Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck

Burruss Busbee Caldwell Gates Cato Chandler Clarke Cole Collins,, M. Collins, S.

2376
Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson Dorminy Douglas Edwards Egan Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson

JOURNAL OF THE HOUSE,

Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lorigino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash

Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pinkston Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells Thomason Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.

Hood

Odom

Phillips, W. R.

Those not voting were Messrs.:

Bostick Bo wen

Bray Brooks

Carnes Collier

DeLong Dixon Ellis Hale Hamilton Jones, M. Lambert

WEDNESDAY, MARCH 19, 1969

2377

Lewis Mason Matthews, D. R. McCracken Phillips, G. S. Pickard Poole

Reaves Smith, V. T. Sweat Thompson, A. W. Townsend Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 306-889. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, suspending the collection of taxes imposed by the Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becom ing domiciled herein, until the next meeting of the General Assembly, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Ben'nett Berry Black Blalock Bohannon Bond

Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Cates Cato Chandler Clarke Cole

Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.

2378
Dent Dickinson Dodson Dorminy Douglas Edwards Egan Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M.

JOURNAL OF THE HOUSE,

Jordan, G. Jordan,H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell MeClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A.

Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Thomason Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Voting in the negative was Mr. Hood.

Those not voting were Messrs.:

Bostick Bowen Bray Crowe DeLong

Dixon Ellis Floyd, J. H. Funk Grahl

Hale Hamilton Joiner Lewis Mason

Phillips, G. S. Phillips, W. R. Pickard

WEDNESDAY, MARCH 19, 1969

2379

Poole Snow Sweat

Thompson, A. W. Townsend 'Mr. Speaker

On the adoption of the Resolution, the ayes were 170, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, and others:
A Bill to be entitled an Act to amend an Act so as to authorize the Geor gia Building Authority to employ security guards, and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black
Blalock Bohannon
Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes

Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cook
Cooper Crowe
Dailey Davis, E. T. Davis, W. Dean, N. Dickinson Dodson Dorminy Douglas Edwards Egan

Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat
Grahl Graves
Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, G.

2380
Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C.

JOURNAL OF THE HOUSE,

Matthews, D. R. Mauldin, A. T. Maxwell McClatchey McCracken McDaniell Melton Miles Milford Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters PetersoW Phillips, L. L. Phillips, W. R. Pinkston Reaves

Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Sherman Simmons Sims Smith, J. R. Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Dean, J. E. Dent

Hood Merritt

Those not voting were Messrs.:

Bond Bostick Bowen Bray Connell Daugherty DeLonjg Dixon Ellis Funk

Gunter Hale Hamilton Harris, R. W. Hill, B. L. Lewis Moore Phillips, G. S. Pickard Poole

Potts Rainey Shepherd Simkins Snow Sweat Towns end Wilkerson Mr. Speaker

On the passage of the Bill, the ayes were 162, nays 4.

WEDNESDAY, MARCH 19, 1969

2381

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Highways and referred to the Committee on Rules:

HR 353. By Messrs. Dean of the 19th and McDaniell of the 117th: A Resolution creating the Junked Motor Vehicles Study Committee, and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House Amendment No. 1 thereto:

The following House Amendment No. 1 was read:
Special Judiciary Committee moves to amend S. B. 136 as follows:
By striking all the words in the last sentence of Section 1, Code Sec tion 27-2053, sub head (b) and inserting in lieu thereof the following:
"If the jury cannot, within a reasonable time, agree on the punish ment, the judge shall declare a mistrial on the trial of the matter of punishment, and a trial of the defendant on the issue of punishment alone shall be promptly held; provided, however, that the judge shall in no instance impose the death penalty when the jury cannot agree upon the punishment."

The following Senate amendment to the House amendment was read:
Senator Smalley of the 28th moves to amend SB 136, House Amend ment No. 1 by striking the figure "27-2053" where it appears, and insert ing in lieu thereof the figure "27-2503".
Mr. Busbee of the 61st moved that the House agree to the Senate amendment to the House Amendment No. 1 to SB 136.

On the motion, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to the House Amendment No. 1 to SB 136 was agreed to.

2382

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third
time:

HB 529. By Messrs. Clarke of the 33rd, Smith of the 3rd, Lee of the 61st and Winkles of the 96th:
A Bill to be entitled an Act to provide that in certain counties there shall be but one governing authority to handle the duties, responsibilities and functions of all municipal and county affairs in such counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide that in certain counties there shall be but one governing authority to handle the duties, responsibilities and functions of all municipal and county affairs in such counties; to provide such governing authority shall be representative in nature, and at least one-half of those officials elected to the legislative branch of such gov erning authority shall be elected from geographical districts of reason ably equal population; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
In all counties of this State having a population in excess of 600,000, according to any future United States decennial census, there shall be but one governing authority to handle the duties, responsibilities and functions of all municipal and county affairs in such counties. Effective 11:59 p.m. on the 31st day of December in the year following that year in which such a census shall be taken in which a county shall exceed said population, the charters of all municipal corporations located within such counties shall be abolished, and the governing authority of such counties shall also be abolished; and, thereafter, the affairs of such counties and municipalities shall be administered by one governing authority to be provided by law. There shall be included within the name of the successor governing authority the name of the largest municipality located within such counties.
SECTION 2
Any such governing authority as may be created by law pursuant to this Act shall be representative in nature, and at least one-half of those officials elected to the legislative branch of such governing authority shall be elected from geographic districts. Such districts must have popu lation reasonably equal.

WEDNESDAY, MARCH 19, 1969

2383

SECTION 3

All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment to the Committee substitute, offered by Mr. Brantley of the 114th, was read and ruled out of order by the Speaker Pro Tern.

Mr. Northcutt of the 21st moved that HB 529, and all amendments and sub stitutes thereto, be tabled.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Black Bohannon Bond Brantley, H. H. Brown, B. D. Burruss Collins, 'M. Collins, S. Daugherty Davis, W. Dean, J. E. DeLong Dent Fallin Felton Floyd, J. H. Floyd, L. R.

Geisinger Graves Harris, J. R. Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Howell Jordan, G. Jordan, H. S. Keen Lane, Dick Lee, W. J. (Bill) Levitas Longino Mauldin

Merritt Miles Milford Mullinax Northcutt Patterson Peters Potts Shanahan Shepherd Sweat Toles Vaughn Ware Westlake Williams Wilson Wood

Those voting in the negative were Messrs.

Adams Anderson Atherton Ballard Barber Bell Bennett Berry Blalock Bo wen Brantley, H. L. Brooks

Brown, C. Carnes Gates Chandler Clarke Cole Colwell Conger Connell Crowe Davis, E. T. Dean, N.

Dickinson Dodson Dorminy Douglas Egan Ellis Ezzard Farmer Farrar Gary Gaynor Grahl

2384
Harris, J. F. Henderson Holder Housley Hutchinson Johnson Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. S. Leonard Lowrey Marcus Mason Matthews, D. R. Maxwell McClatchey

JOURNAL OF THE HOUSE,

McCracken Melton Miller Moate Murphy Nash Nessmith Nunn Odom Paris Parker, C. A. Parker, H. W. Peterson Phillips, L. L. Phillips, W. R. Pinkston Rainey Reaves Ross Rowland

Rush Russell Salem Scarborough Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Townsend Wamble Whaley Wheeler, Bobby Wilkerson Winkles

Those not voting were Messrs.:

Barfield Battle Bostick Bray Buck Busbee Caldwell Cato Collier Conner Cook Cooper Dailey Dixon Edwards Evans

Funk Gignilliat Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, R. W. Harrison Hudson Joiner Jones, C. M. Jones, Herb Jones, M.

Lewis Matthews, C. McDaniell Moore Morris Paf f ord Phillips, G. S. Pickard Poole Roach Scarlett Smith, J. R. Wheeler, J. A. Mr. Speaker

On the motion to table, the ayes were 54, nays 96. The motion was lost.

An amendment, offered by Mr. Alexander of the 108th, was read and lost. An amendment, offered by Mr. Brown of the 110th, was read and lost.

WEDNESDAY, MARCH 19, 1969

2385

The following amendment was read:

Mr. Longino of the 95th moves to amend Committee Substitute to HB 529 as follows:
By renumbering Section 3 as Section 4.
By adding a new Section 3 to read as follows:
"Section 3. The provisions of this Act shall not be applicable to District No. 98 of the Georgia House of Representatives."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Ballard Barber Blalock Bahannon Brantley, H. H.
Gates Collins, M. Conger Dean, N. DeLong Dent
Felton Floyd, J. H. Harrison

Higginbotham Hill, G. Hood Howell Jordan, G. Lane, Dick Lee, W. J. (Bill) Longino Merritt Milford Moate Mullinax Northcutt Patterson

Phillips, L. L. Pinkston
Potts Scarborough Scarlett Shanahan Shepherd Sweat Thompson, A. W. Vaughn Ware Whaley Williams Wilson

Those voting in the negative were Messrs.:

Adams Anderson Atherton Battle Bell Berry Black Bowen Brantley, H. L. Brown, C. Burruss Carnes
Clarke
Cole
Collins, S.

Colwell Connell Crowe D alley Davis, E. T. Davis, W. Dodson Dorminy Douglas Egan Ellis Ezzard
Fallin
Farmer
Farrar

Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Graves Harris, J. F. Harris, J. R. Henderson Housley Hutchinson Johnson
Joiner
Jordan, H. S
Keyton

2386
Knowles Lambert Lane, W. J. Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, D. B. Maxwell McClatchey McCracken Melton Miles Miller Morris Murphy

JOURNAL OF THE HOUSE,

Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, W. R.
Rainey Reaves Ross Rowland Rush Russell Salem

Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Townsend Wamble Westlake Wheeler, Bobby Wilkerson Winkles

Those not voting were Messrs.:

Alexander Barfield Bennett Bond Bostick Bray Brooks Brown, B. D. Buck Busbee
Caldwell Cato Chandler
Collier Conner Cook Cooper Daugherty Dean, J. E.

Dickinson Dixon Edwards Evans Funk Gary Gunter Hadaway Hale Hamilton Harrington Harris, R. W. Hawes Hill, B. L. Holder Horton Hudson Jones, C. M. Jones, Herb

Jones, M. Keen Knapp Kreeger Lewis Matthews, C. Mauldin McDaniell Moore Phillips, G. S. Pickard Poole Roach Smith, J. R. Wheeler, J. A. Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 43, nays 97.
The amendment was lost.
Two amendments, offered by Mr. Longino of the 98th, were read and lost.

WEDNESDAY, MARCH 19, 1969

2387

The following amendment was read:

Mr. Longino of the 98th moves to amend Committee Substitute to House Bill 529 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide for a referendum;".
By renumbering Section 3 as Section 4.
And, by inserting following Section 2 a new Section 3 to read as follows:
"Section 3. The provisions of this Act shall not become ef fective in any such county until a majority of those electors voting in a referendum election within any such county shall approve thereof."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Berry Black
Blalock Bohannon Bond
Brantley, H. H. Brown, B. D. Carnes Gates Collins, M. Collins, S. Conger Dailey Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Fallin Felton

Floyd, L. R. Gary Geisinger Harris, J. R. Harrison Hawes
Henderson Higginbotham Hill, B. L.
Hill, G. Hood Horton Howell Jordan, G. Jordan, H. S. Keen Kreeger Lane, Dick Lee, W. J. (Bill) Levitas Longino Mauldin McDaniell Merritt Miles

Milford Moate Mullinax Nash Northcutt Pafford
Patterson Phillips, L. L. Pinkston
Potts Salem Scarborough Shanahan Shepherd Sweat Thompson, A. W. Vaughn Ware Westlake Whaley Wilkerson Williams Wilson

2388

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Atherton Barfield Battle Bell Bennett Bostick Bowen Brooks Brown, C. Burruss Clarke Cole Colwell Connell Crowe Davis, E. T. Dickinson Dodson Dorminy Douglas Egan Ellis
Ezzard Farmer Farrar Gaynor Grahl

Graves Harris, J. F. Housley Hutehinson Johnson Joiner Keyton Knowles Lambert
Lane, W. J. Lee, W. S. Leonard
Lowrey Marcus
Mason Matthews, D. R. Maxwell McClatchey McCracken Melton Miller Morris Murphy Nessmith Nunn Odom

Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, W. R. Rainey Reaves Ross Rowland Rush Russell Sherman Simkins Simmons Sims
Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Townsend
Wamble Wheeler, Bobby Winkles

Those not voting were Messrs.:

Barber Brantley, H. L. Bray Buck Busbee Caldwell Cato Chandler Collier Conner Cook Cooper Dixon Edwards Evans

Floyd, 3. H. Funk Gignilliat Gunter Hadaway Hale Hamilton Hargrett Harrington
Harris, R. W. Holder
Hudson Jones, C. M. Jones, Herb Jones, M.

Knapp Lewis Matthews, C. Moore Phillips, G. S. Pickard Poole Roach Scarlett Smith, J. R. Wheeler, J. A. Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 73, nays 79.

The amendment was lost.

WEDNESDAY, MARCH 19, 1969

2389

The following amendment was read and adopted:

Mr. Clarke of the 33rd moves to amend Committee Substitute to House Bill 529 as follows:
By inserting between the words "located" and "within", as they appear in the last sentence of Section 1, the words "wholly or partially".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Barfield Bell
Bennett Bostick Bowen
Brantley, H. L. Brown, C. Buck Games Chandler Clarke Cole Colwell Connell Crowe Davis, E. T. Dean, N. Dickinson Dodson Douglas Egan Ellis Evans Farmer Farrar Gaynor Grahl

Harrington Harris, J. F. Henderson Holder
Housley Hutchinson Johnson
Joiner Jones, M. Keyton Knapp Knowles Lambert Lane, W. J. Lee, W. S. Leonard Lowrey Marcus Mason Matthews, D. R. Maxwell McClatchey McCracken Melton Miller Moate Murphy Nessmith Nunn

Odom Paris Parker, C. A. Parker, H. W.
Peters Peterson Phillips, W. R.
Pinkston Rainey Reaves Rowland Rush Salem Scarborough Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Townsend Wamble Wheeler, Bobby Winkles

2390

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alexander Atherton Berry Black Blalock Bohannon Bond Brantley, H. H. Brown, B. D.
Burruss Gates Dailey Daugherty Davis, W. Dean, J. E. DeLong Dent Ezzard Tallin Felton Floyd, J. H.

Floyd, L. E. Geisinger Gignilliat Graves Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, G. Hood Horton Howell Jordan, G. Jordan, H. S. Keen Kreeger Lane, Dick Lee, W. J. (Bill) Levitas Longino

Mauldin Miles Moore Morris Mullinax Northcutt Patterson Potts Ross Scarlett Shanahan Shepherd Sweat Thompson, A. W. Vaughn Ware Westlake Whaley Wilkerson

Those not voting were Messrs.:

Ballard Barber Battle Bray Brooks, G. Busbee Caldwell Cato Collier Collins, M. Collins, S. Conger Conner Cook Cooper

Dixon Dorminy Edwards Funk Gary Gunter Hadaway Hale Hamilton Hargrett Hill, B. L. Hudson Jones, C. M. Jones, Herb Lewis

Matthews, C. McDaniell Merritt Milford Nash Pafford Phillips, G. S. Pickard Poole Roach Wheeler, J. A. Williams Wilson Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 89, nays 61.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.
Mr. Clarke of the 33rd served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 529, by substitute, as amended.

WEDNESDAY, MARCH 19, 1969

2391

Mr. Dorminy of the 48th, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 190-527. Do Pass. HR 344. Do Pass.

Respectfully submitted, Dorminy of the 48th, Chairman.

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 354. Do Pass.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

Under the general order of business established by the Committee on Rules, the following- Bill of the House was again taken up for consideration and read:

HB 412. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to require glass doors to be constructed of safety glass; and for other purposes.

The following substitute, offered by Mr. Peters of the 2nd, was read and adopted:

2392

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to require certain glass doors to be constructed of safety glass; to define terms; to provide for publication of types of approved safety glass; to prohibit the installation of glass doors which are not approved; to provide penalties; to provide for inspectors and other assistance by the counties; to provide for rules and regulations by the Georgia Building Inspector; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

SECTION 1
As used in this Act:
(a) "Inspector" means the Georgia State Building Inspector;
(b) "Approved Safety glass" means all safety glass which complies with the standards contained in F. S. DD6-451B and USAS Z-97.1-1966;
(c) "Glass door" means any fixed or sliding patio type door or shower or tub enclosure which is constructed principally of glass or glazing material;
(d) "Building" means any single or multiple family dwelling, apart ment building, office building, public building, hotel, motel, retail store, or any other commercial or industrial building in the State of Georgia;
(e) "Contractor" means any person, firm or corporation who or which installs glass in any building.

SECTION 2
The Georgia State Building Inspector is hereby authorized and directed to compile a list of approved types of safety glass, and to publish such list on or before January 1, 1971, after which date it shall be unlawful for any contractor to install any glass door, or replace any existing glass door, in any building unless such glass door is con structed of approved safety glass and is found on the list published by the Inspector.

SECTION 3
The Inspector shall promulgate such rules and regulations as are necessary to implement and enforce the provisions of this Act.

SECTION 4
The governing authorities of the counties shall provide such as sistants and assistance as are necessary to aid in the enforcement of this Act and the rules and regulations promulgated pursuant thereto.

WEDNESDAY, MARCH 19, 1969

2393

SECTION 5

Violation of any provision of this Act or of the rules and regula tions promulgated pursuant thereto shall be punished as for a mis
demeanor.

SECTION 6

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the "Bill, as agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bell Black Bohannon Bond Brantley, H. H. Brantley, H. L. Brooks Brown, B. D.
Brown, C. Burruss Busbee
Carnes Cates Chandler Clarke Cole Collins, S. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, N. Dent Dickinson Dodson Dorminy Edwards Evans Ezzard Felton Floyd, L. R. Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner
Jordan, G.

Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J, Lee, W. S. Leonard, G. H. Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Mullinax Murphy Nash Nessmith Odom Pafford Paris Parker, C. A. Parker, H. W.

2394
Patterson Peters Peterson Phillips, W. R. Pinkston Potts Rainey Roach Rowland Russell

JOURNAL OF THE HOUSE,

Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, V. T. Snow

Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams
Wilson Winkles Wood

Those voting in the negative were Messrs.:

Atherton Berry

Jones, Herb Morris

Ross Thompson, A. W.

Those not voting were Messrs.:

Barfield Bennett Blalock Bostick Bowen Bray Buck
Caldwell Cato Collier Collins, M. Conger Cook Dean, J. E. DeLong Dixon Douglas Egan Ellis Fallin Farmer

Farrar Floyd, J. H. Funk Gary Gaynor Gunter Hale Hamilton Harris, J. R. Harrison Holder Howell Jones, C. M. Jones, M. Knapp Lee, W. J. (Bill) Levitas Lewis Longino Matthews, C. Matthews, D. R.

Moate Moore Northcutt Nunn Phillips, G. S. Phillips, L. L. Pickard Poole Reaves Rush Simkins Smith, J. R. Sorrells Sweat Thomason Thompson, R. Townsend Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 126, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 412 was ordered immediately transmitted to the Senate.

WEDNESDAY, MARCH 19, 1969

2395

Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration
and read the third time:

HB 565. By Messrs. McCracken of the 36th, Parker of the 46th, and others:
A Bill to be entitled an Act to amend Code Section 24-406 so as to pro vide that special elections called for the purpose of filling vacancies in the office of justice of the peace shall be conducted in conformity with the Georgia Election Code; and for other purposes.

The repoit of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Bell Bennett Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Brooks Brown, B. D.
Brown, C. Burruss Busbee Carnes Gates Chandler Clarke
Cole
Collins, S. Colwell Connell Conner Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E.

Dean, N. Dent Dickinson Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Floyd, J. H. Floyd, L. R. Geisinger Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner

Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Leonard Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Morris
Mullinax Murphy Nash Nessmith Nunn

2396
Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Potts Rainey Reaves Roach

JOURNAL OF THE HOUSE,

Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, V. T. Thompson, A. W.

Thompson, R. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams
Wilson Winkles Wood

Those not voting were Messrs.:

Ballard Barfield Battle Blalock Bostick Bowen Bray Buck Caldwell Cato Collier Collins, M. Conger Cook Cooper Crowe DeLong Dixon Dodson Egan Ellis

Farrar Felton Funk Gary Gaynor Gignilliat Gunter Hale Hamilton Harris, J. R. Hawes Holder Howell Jones, C. M. Jones, M. Lee, W. J. (Bill) Levitas
Lewis Longino Marcus Maxwell

Moate Moore Northcutt Parker, C. A. Phillips, L. L. Pickard Pinks ton Poole Rush Sherman Smith, J. R. Snow Sorrells Sweat Thomason Townsend Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 653. By Mr. Carries of the 104th:
A Bill to be entitled an Act to amend an Act so as to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Contractors; and for other purposes.

WEDNESDAY, MARCH 19, 1969

2397

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson
Atherton Barber Barfield Battle Bell Bennett
Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy

Douglas Edwards Egan Evans Ezzard Fallin Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard

Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miles Milford Moate Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Potts Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, V. T. Sweat

2398

JOURNAL OF THE HOUSE,

Thompson, A. W. Thompson, E. Toles Townsend Wamble

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A.

Winkles Williams Wilson Wilkerson

Voting in the negative was Mr. Eainey.

Those not voting were Messrs.:

Ballard Blalock Bostick
Bo wen Bray
Brooks Caldwell Collins, M. Crowe DeLong Ellis Farmer Farrar Funk
Grahl

Gunter Hale Hamilton Harris, J. R. Hawes Holder Howell Jones, C. M. Jones, M. Le vitas Lewis Maxwell McDaniell Miller Moore

Murphy Phillips, L. L. Pickard Pinkston Poole Reaves Rush Sherman Smith, J. R. Snow Sorrells Thomason Vaughn Wood Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 653 was ordered immediately transmitted to the Senate.

HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th, and Cook of the 95th:
A Bill to be entitled an Act to require safe construction and installa tion of boilers and pressure vessels; and for other purposes.

The following amendment was read and adopted:
Messrs. Cole and Leonard of the 3rd move to amend House Bill No. 514 as follows:
By adding to the end of Section 3 the following:

WEDNESDAY, MARCH 19, 1969

2399

"This Act shall not apply to vessels with pressures of 40 pounds or less."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Bohannon
Bond Brantley, H. H. Brantley, H. L. Brown, B. D.
Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson

Dixon Dodson Dorminy Douglas Edwards Egan Evans Ezzard Farmer Floyd, L. R.
Gary Gaynor Gei singer Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton

Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford
Paris Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, G. S. Phillips, W. R.

2400
Pinkston Potts Rainey Roach Ross Rowland Russell Salem Scarlett Shanahan

JOURNAL OF THE HOUSE,

Shepherd Simmons Sims Smith, V. T. Snow Sweat Thompson, A. W. Thompson, R. Toles Townsend

Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson

Those not voting were Messrs.:

Ballard
Blalock Bostick Bowen Bray Brooks Caldwell Collins, M. Conner Cook Cooper Daugherty Ellis Fallin Farrar

Pel ton
Floyd, J. H. Funk Gunter Hale Hamilton Harris, J. R. Holder Jones, C. M. Jones, M. Lambert Levitas Lewis Maxwell Moate

Moore
Phillips, L. L. Pickard Poole Reaves Rush Scarborough Sherman Simkins Smith, J. R. Sorrells Thomason Vaughn Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed,, as amended.

By unanimous consent, HB 514 was ordered immediately transferred tothe Senate.

HR 194-557. By Messrs. McDaniell and Burruss of the 117th and Nessmith of the 44th:
A Resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.

The report of the Committee, which was favorable to the adoption of theResolution, was agreed to.

WEDNESDAY, MAECH 19, 1969

2401

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell
Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer

Felton Floyd, J. H. Floyd, L. E. Gary Gaynor Geisinger Gignilliat Graves Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S.
Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Marcus Matthews, C. Matthews, D. E. Mauldin Maxwell McClatchey McCracken McDaniell
Melton

Merritt Miles Milford Miller Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. E. Pinkston Potts Eoach Eoss Eowland Eussell Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T.
Snow Sweat Thompson, A. W. Thompson, E. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles

2402

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Ballard Barfield Blalock Bostick Bowen Bray Caldwell Collins, M. Conner Cook Cooper Dean, J. E. Fallin Farrar Funk

Grahl Gvmter Hale Hamilton Harris, J. R. Holder Howell Jones, C. M. Jones, M. Lambert Levitas Lewis Mason Moate Moore

Nash Phillips, L. L. Pickard Poole Rainey Reaves Rush Salem Scarborough Smith, J. R, Sorrells Thomason Vaughn Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 815. By Messrs. Sims of the 106th and Chandler of the 34th:
A Bill to be entitled an Act to amend the Georgia Prison Industries Act so as to authorize the administration to permit convicts to do contract work for private industry; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend House Bill No. 815 as follows:
By inserting in the third line of the new subsection after the words "contract work" the words "within the prison facility upon a competitive bid basis" and by adding at the end of said subsec tion the words "for not more than six months without new bids being secured" and by changing the designation "(g)" wherever it appears to "(k)".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 19, 1969

2403

Those voting in the affirmative were Messrs.

Adams Atherton Barber Bennett Berry Black Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Burruss Busbee Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Dailey Davis, E. T. Davis, W. Dent Dickinson Dixon Dodson Edward Egan Ellis Evans Fallin

Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Grahl Graves Harrington Harris, J. F. Harrison Higginbotham Hill, G. Holder Hudson Hutchinson Johnson Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken Melton Miles Miller Moate

Mullinax Murphy Nessmith Nunn Odom Pafford Parris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Rainey Roach Russell Salem Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sweat Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Wilkerson Winkles

Those voting in the negative were Messrs.

Anderson Battle Bell Dorminy Douglas
Ezzard Gignilliat

Hargrett Hawes Joiner Jones, Herb Knowles Mauldin Nash

Phillips, W. R. Ross Rowland Sorrells Whaley Wheeler, J. A.

Those not voting were Messrs.:

Alexander Ballard

Barfield Blalock

Bond Bo stick

2404
Bowen Bray Brooks Brown, B. D. Buck Caldwell Collins, M. Cooper Crowe Daugherty Dean, J. E. Dean, N. DeLong Farmer Farrar Felton Funk Gunter Hadaway Hale

JOURNAL OF THE HOUSE,

Hamilton
Harris, J. R. Harris, R. W. Henderson Hill, B. L.
Hood Horton Housley Howell Jones, C. M.
Jones, M. Lambert Lee, W. J. (Bill) Levitas
Lewis Longino Mason McDaniell Merritt Milford

Moore
Morris Northcutt Pickard Poole
Reaves Rush Scarborough Scarlett Simmons
Snow Thomason Vaughn Westlake
Wheeler, Bobby Williams Wilson Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 110, nays 20.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 815 was ordered immediately transmitted to the Senate.
HB 199. By Mr. Barber of the 15th: A Bill to be entitled an Act to amend an Act creating the Employees' Retirement System of Georgia so as to change the provisions relating to employment of retired members; and for other purposes.

The following substitute, offered by Mr. Barber of the 15th, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved February 13, 1962 (Ga. Laws 1962, p. 54), and an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), so as to change the pro visions relating to employment of retired members, so as to allow the

WEDNESDAY, MAECH 19, 1969

2405

inclusion of interest when computing retirement allowances; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act creating the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, par ticularly by an Act approved February 13, 1962 (Ga. Laws 1962, p. 54), and an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), is hereby amended by striking Section 5. (1) (c) in its entirety and inserting in lieu thereof a new Section 5. (1) (c), to read as follows:
"Section 5. (1) (c) Anything in this Act to the contrary notwithstanding, after a member retires, should he accept em ployment from or render services for any State Department, or any agency, or any political subdivision which is supported in whole or in part by State funds regardless of the source of such funds, the payment of his retirement allowance shall be suspended during such month or months, and further contributions to the retirement system shall not be made by him nor by the State on his behalf, provided, upon the termination of such services, all rights shall be vested in said members the same as if he had con tinued under his option to retire. However, the payment of allow ances to a retired member shall not be stopped if he has retired on a service retirement based on age 65 and the payment or pay ments received by him for any services, together with his retire ment allowance, do not exceed the monthly earnable compensation that he was receiving at the date of his retirement."

SECTION 2
Said Act is further amended by adding at the end of paragraph 3 of Section 4 the following:
"Anything in this Act to the contrary notwithstanding, the Prior Service accumulaions of a member shall be computed to July 1, 1953, in the manner as now provided in Section 4, and the accumulated contributions on those contributions made by an indi vidual prior to January 1, 1954 shall be used in computing the retirement allowance. The provisions of this Section shall also apply to current members who transferred their membership, as employees of the Teachers' Retirement System."

SECTION 3
This Act shall become effective upon its approval by the Gover nor or upon its becoming law without his approval.

2406

JOURNAL OF THE HOUSE,

SECTION 4

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Busbee of the 61st moved that the House now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 9:30 o'clock, tomorrow morning.

THURSDAY, MARCH 20, 1969

2407

Representative Hall, Atlanta, Georgia Thursday, March 20, 1969

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
The following prayer was offered by Dr. J. Walker Chidsey, Pastor, First United Methodist Church, Commerce, Georgia:
"0 God, Thou great governor of all the world. We pray for all who hold public office and power, and for the life, welfare, and virtue of the people who are in their hands. Strengthen the sense of duty in our po litical life. Grant that the servants of the state may feel ever more deeply that any diversion of their public powers for private ends is a betrayal of their country.
"Purge our cities, counties and state of the deep causes of corrup tion which have so often made sin profitable and uprightness hard. Breathe a new spirit into our state. Give our leaders new vision and set their hearts on fire with large resolves. Raise up a new generation of public men with the faith and daring of the Kingdom of God in their hearts, who will enlist for life in a holy warfare for the freedom and rights of all people.
"Our Heavenly Father, we are so grateful for our Georgia. For her hallowed past that brought out the best in courage, bravery, and stamina--We thank Thee. For her exciting present, as she lifts fingers of steel and concrete into the air and brings field and forest into fruition, we thank Thee.
"For her thrilling future, as she comes to understand Thee more in widening horizons of tolerance, freedom, and achievements, we thank thee.
"For this legislature, as it moves towards its close of its most un usual and unique session, we thank Thee, Lord, and ask Thy blessings upon each member of it. AMEN."
By unanimous consent, the call of the roll call was dispensed with.
Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

2408

JOURNAL OF THE HOUSE,

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report o the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 20, 1969, and submits the following:
HR 39- 68. Bobwhite Quail, State Bird--PP. HB 161. General Assembly, Expense Allowance (Reported without
Comm. Recommendation) HB 175. Teachers Retirement, Board of Trustees. HB 185. Department of Public Safety, Deputy Director Salary. HB 277. Death Penalty, Abolish. HB 375. Hunting of Deer, Tree Stands. HB 398. Agricultural Use of Gasoline, Refund Tax. HB 400. Public Schools, Include History of American Negro. HB 414. G.B.I., Transfer to The Department of Law. HB 415. G.B.I., Certain Crimes, Submit Information. HB 416. G.B.I., Attorney General Employ Necessary Agents. HB 461. Driver Training School, Instructor. HB 524. Georgia Meat Inspection Act--PP. HR 190-527. State Park Site, Grady County. HB 540. Criminal Code, Protests and Demonstrations. HB 548. Revenue Commissioner, Tax Returns. HB 549. Income Tax Returns.

THURSDAY, MARCH 20, 1969

2409

HB 573. Mobile Homes, City Permits.

HB 590. Juveniles, Same Right of Bail as Adults--PP.

HB 603. Traffic Violations, Point System.

HB 608. Insurance, Reinsurance and Risk Factors.

HB 620. Property, General Lien, Public Assistance.

HB 629. Building and Loan Act, Deposits.

HR 234-682. Convey Property, Baldwin County.

HB 684. Land and Water Conservation Fund.

HB 703. Estate, Value Deceased, Fiduciaries' Bond.

HB 736. Racing Commission, Fulton County.

HR 258-785. Chattahoochee Judicial Circuit Study Committee.

HR 273-825. Clinical Laboratories, Study Committee.

HB 838. Game and Fish Commission, Relating to.

HB 844. Appropriations, Supplementary, Amend.

HR 298-851. Convey Real Estate, City of Dawson.

HB 853. Mineral Leasing Commission, Leases.

HB 862. Income Taxes, Deceased Members, Armed Forces.

HB 863. Articles of Dissolution, Presenting and Filing.

HB 864. Income tax payment, Employer.

HB 905. State Building Administration Board.

HB 953. Scholarship Commission, Student Aid Program.

HB 954. Higher Education, Student Loans.

HB 971. Groveland Lake Development Authority, Create.

HB 998. State Racing Commission, Create.

SR

10. Constitution Revision Commission.

SB

69. Judges and District Attorney, Retirement System.

SB 125. Guardian, Spouse has preference in Appointment.

SB 162. Atlanta Rapid Transit Authority, Contract with. SB 182. County Bonds, Proceeds Investment.

SB 184. Trust Funds, Investments by Trustees.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

2410

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1009. By Messrs. Hood of the 99th, Shepherd of the 107th, Dean of the 76th, Hill of the 94th, Bond of the lllth, Brown of the 110th and others:
A Bill to be entitled an Act to create a community relations commis sion; and for other purposes.
Referred to the Committee on State of Republic.

HB 1011. By Mr. Ross of the 26th:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a valid surety bond in the amount of $10,000.00, which bond shall be approved by the Ordinary of Taliaferro County, and payable to the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on Banks and Banking:

HB 1015. By Messrs. Shanahan of the 8th, Ross of the 26th, Moate of the 28th, Gaynor of the 88th and Longino of the 98th:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to prohibit any officer, director or employee of a bank which holds 5 percent of the voting shares of another bank through a bank holding company, or the spouse of any such officer, director or employee, to own voting shares in the same bank as the holding company; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1001. By Messrs. DeLong and Sherman of the 80th, Simkins and Maxwell of the 78th: A Bill to be entitled an Act to provide that the sheriff and the governing authority of certain counties shall approve all licenses to sell alcoholic beverages in the unincorporated areas of such counties; and for other purposes.

THURSDAY, MARCH 20, 1969

2411

HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th:
A Bill to be entitled an Act to amend Code Sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide certain exemptions for motor fuel of a type other than gaso line used for non-highway purposes; and for other purposes.

HB 1003. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Lumpkin County, so as to change the compensation of the Commissioner; and for other purposes.

HB 1004. By Mr. DeLong of the 80th: A Bill to be entitled an Act to provide that credit investigating com panies must furnish certain information to persons they investigate; to provide that such persons may file rebuttal information; to provide for certain immunities from certain civil liabilities; to provide for penal ties for violations of this Act; and for other purposes.
HB 1005. By Messrs. Mason and Nash of the 13th: A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the provisions relating to audits; and for other purposes.
HB 1006. By Messrs. Lee, Odom, Hmtchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the compensation of the mayor and city commissioners; and for other purposes.
HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Dougherty County, so as to change the compensation of the chairman and members of the board; and for other purposes.
HB 1008. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referendum; and for other purposes.

2412

JOURNAL OP THE HOUSE,

HB 1010. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating the North Georgia Mountains Authority, so as to further define the term "project", as used in said Act; and for other purposes.

HB 1012. By Mr. Farmer of the 16th: A Bill to be entitled an Act to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; and for other purposes.
HB 1013. By Mr. Conger of the 68th: A Bill to be entitled an Act to provide that in the event the General Assembly shall be convoked into Extraordinary Session by the Governor during the 1969 calendar year, the expenses of said session shall be met from funds appropriated and available to the Executive Depart ment and not from funds appropriated to the Legislative Branch of government; and for other purposes.
HB 1014. By Mr. Conger of the 68th: A Bill to be entitled an Act to amend Code Section 47-107, relating to the per diem and milleage of members of the General Assembly, so as to provide for an additional allowance for members of the General As sembly during extraordinary sessions of the General Assembly; and for other purposes.
HR 357-1014. By Messrs. Barber of the 15th, Smith of the 43rd, and Busbee of the 61st: A Resolution to create the Education Study Commission; and for other purposes.
SR 102. By Senator London of the 50th: A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
SR 107. By Senators Smith of the 18th and Adams of the 26th: A Resolution creating the Revenue Bond Study Committee; and for other purposes.

THURSDAY, MARCH 20, 1969

2413

SB 109. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to he entitled an Act to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall he valid and binding; and for other purposes.

SB 129. By Senator London of the 50th: A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judge, district attorneys, ordinaries and other officers of the courts of said counties; and for
other purposes.
SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and Starr of the 44th: A Bill to be entitled an Act to amend Code Section 23-1704, relating to the bonds required of contracts contracting with the county, as amended, so as to provide that the requirements of certain Code Sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $1,500; and for other purposes.
SB 202. By Senator Hensley of the 33rd: A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia, as amended, so as to remove the provisions relating to private banks and bankers; and for other purposes.
SB 215. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and moderniz ing pre-trial, trial, and certain post-trial procedures in Civil cases; and for other purposes.
SB 222. By Senator Holloway of the 12th: A Bill to be entitled an Act relating to establishment of a Fair Plan to make essential property insurance available to all qualified appli cants; and for other purposes.
SB 231. By Senator Spinks of the 9th: A Bill to be entitled an Act to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; and for other purposes.

2414

JOURNAL OF THE HOUSE,

SB 248. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to delete the exception "that a spouse may effectuate such insurance upon the other spouse"; and for other pur poses.

SB 268. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act making provision for the licensure of applied psychologists through a State Board of Examiners, so as to change the definition of the practice of applied psychology; and for other purposes.

SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A Bill to be entitled an Act to authorize the State Department of Edu cation and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of preschool age; and for other purposes.

SB 276. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide honorary drivers' licenses for the spouses of certain disabled veterans; and for other purposes.

SB 277. By Senator Maclntyre of the 40th: A Bill to be entitled an Act to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to change the provisions relating to the destruction of records and the central depository; and for other purposes.
SB 250. By Senator Walling of the 42nd: A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; and for other purposes.

THURSDAY, MARCH 20, 1969

2415

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations sub mitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 72-184. Do Pass.
Respectfully submitted,
Floyd of the 7th,
Chairman.

Mr. Rainey of the 47th, Chairman of the Committee on Game & Fish, sub mitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the follow ing Resolutions of the House and has instructed me as chairman, to report the same back to the House with the following recommendations:
HR 332. Do Pass. HR 335. Do Pass. HR 336. Do Pass. HR 345. Do Pass.
Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Lee of the 21st, Chairman of the Committee on Industrial Relations, sub mitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 695. Do Pass. Respectfully submitted, Lee of the 21st, Chairman.

2416

JOURNAL OF THE HOUSE,

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 160. Do Pass. SB 161. Do Pass. HB 389. Do Pass as Amended. HB 893. Do Pass. HB 1003. Do Pass. HB 1005. Do Pass. SB 97. Do Pass as Amended. SB 258. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills and Resolution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HB

999. Do Pass.

HB 1013. Do Pass.

HR 256-758. Do Pass.

Respectfully submitted, Busbee of the 61st, Vice-Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judi ciary, submitted the following report:

THURSDAY, MARCH 20, 1969

2417

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 129. Do Pass.

Respectfully submitted, McClatchey of the 113th, Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 389. By Messrs. Harris and Farrar of the 77th, Vaughn of the 74th, Morris of the 73rd and others: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of DeKalb County, as amended, so as to provide for the procedure of said Court and salaries of the officers and certain em ployees of said Court; and for other purposes.
The following Committee amendments were read and adopted:
The Local Affairs Committee moves to amend HB 389 as follows: By adding a new Section 3 and renumbering Section 3 as Section 4. New Section 3 to read as follows:
"Section 3. Provided however that the salary increases of the Judges and Solicitor of the Civil and Criminal Court of DeKalb County shall not exceed the total increase in compensation of the Judges of the Stone Mountain Circuit provided for at this session of the Legislature.".
The Local Affairs Committee moves to amend HB 389 as follows:
By striking from the last sentence of the first paragraph of quoted Section 5A of Section 1 the following: "twenty-two thousand ($22,000.00)" and inserting in lieu thereof the following: "seventeen thousand five hundred $17,500.00)".
By striking from quoted Section 13A of Section 2 the following: "twenty-five thousand ($25,000.00)" and inserting in lieu thereof the following: "twenty-two thousand ($22,000.00)".

2418

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 97. By Senator Searcey of the 2nd: A Bill to be entitled an Act to revise, alter and consolidate into a com prehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
The following Committee amendment was read and adopted:
The Local Affairs Committee moves to amend SB 97 as follows:
By substituting "principal" for "principle" in the tenth line of the caption.
By striking from the caption the following:
"To abolish Justice of the Peace Courts and the Office of Jus tice of the Peace in Chatham County, Georgia, to establish the Municipal Court of Savannah, and"
By adding the following after the caption:
"Whereas all Justices' Courts and the Office of Justice of the Peace and the Notary Public ex officio Justice of the Peace have heretofore been abolished throughout Chatham County, and in lieu thereof there was created and established effective January 1, 1916, the Municipal Court of Savannah; and
"Whereas the Act approved August 13, 1915, which created and established said Municipal Court of Savannah, has been amended numerous times, and it is desirable to consolidate all such amend ments and certain new amendments and revisions into a single com prehensive Act relating to the Municipal Court of Savannah; Now, Therefore"
By substituting the following in lieu of Section 1:
"Section 1. The territorial jurisdiction of the Municipal Court of Savannah (hereinafter referred to as the Municipal Court) shall extend throughout the County of Chatham."

THURSDAY, MARCH 20, 1969

2419

By substituting the following in lieu of Section 2:

"Section 2. The Municipal Court shall be a Court of record and shall have a seal, minutes, records, and other books and files that are required by law to be kept by the Superior Court, insofar as the jurisdiction of said Municipal Court, insofar as the jurisdiction of said Municipal Court render the same necessary; and the Clerk of said Municipal Court shall preserve in suitable files all original papers in each case, which shall not be removed from said Clerk's Office without the permission of a Judge of said Court, on proper receipt given to said Clerk or a deputy clerk of said Court."

By substituting "7 hereof" for "7 above" in Sections 9, 10, and 11.

By substituting the following in lieu of Section 12:

"Section 12. An accurate record of all costs, fees, and charges in said Court shall be kept by the Clerk of said Court, and all costs, fees, and charges of every kind collected by any of the Officers of said Court shall be immediately turned over to the Clerk of said Court and entered at once by him on his records; and on or before the fifth day of each and every month it shall be the duty of said Clerk to furnish Chatham County a complete, accurate, and sworn copy of all costs, charges, and collections, and to pay over all of the moneys collected to Chatham County. Failure of the Clerk or of the Officers of said Court to promptly comply with the provisions of this Section shall render such Officer liable to be removed from office at the discretion of the Senior Judge, subject to Chatham County Civil Service regulations."

By substituting the following in lieu of Paragraph (a) in Section 23:

"Section 23. (a) The Chatham County Commissioners shall provide and maintain a suitable place for holding said Court in the Courthouse or at some other place in the City of Savannah as near to the Courthouse as may, in the discretion of the County Commis sioners, he conveniently and reasonably obtained; and they shall also provide the necessary furniture, blanks, books, typewriters, stationery, and all other expenses of the said Court. Said County Commissioners are empowered and directed to fix, regulate, pre scribe, and pay the salaries of the Clerk, deputy clerks, Sheriff, deputy sheriffs and Secretary of the Municipal Court of Savannah and of the funds of said County."

By substituting the following in lieu of Section 24:
Section 24. The Clerk of said Municipal Court of Savannah is authorized to accept for the use of said Court a complete set of the published reports of the Supreme Court of Georgia and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia, commencing with the Act of 1910, and future Acts and re ports and the Code of Georgia at such time or times as the same may be furnished by the State Librarian."

2420

JOURNAL OF THE HOUSE,

By substituting the following in lieu of Paragraph (c) in Section

" (c) Any attorney at law who is a resident of Chatham County, who is at least 25 years of age, and who has practiced law for 5 years or more, shall be eligible to hold office as a Judge of said Court; provided that the serving as Judge of a Court or engaging in the instruction of law in a recognized law school shall be con strued as the equivalent of practicing law within the purview of the foregoing qualification requirement. A Judge shall not engage in the practice of law as an attorney or counselor, but shall devote his whole time and capacity to the duties of his office as prescribed by law, insofar as the public interest demands."
By substituting "$10,000.00" and "$9,400.00" in lieu of "$12,500.00' and "$11,000.00", respectively, in Section 28.
By substituting the following in lieu of Section 33:
"Section 33. There shall be a Sheriff and a Clerk of the Municipal Court, appointed by the Chatham County Commissioners on recommendation of the Senior Judge, whose term shall coincide with that of said Senior Judge. In the exercise of a sound discretion, the Chatham County Commissioners may remove them from office whenever the interests of the Court so require. Their successors shall then be appointed for the unexpired term. The present Sheriff and Clerk are hereby confirmed in office."
By substituting the following in lieu of Section 34:
"Section 34. There shall be a chief deputy sheriff, a chief deputy clerk and as many additional deputy sheriffs and deputy clerks as may be necessary to carry out promptly and efficiently the business of said Court. They shall be appointed by the Chatham County Commissioners on recommendation of the Senior Judge and may be removed on any ground which may be included in the Chatham County Civil Service regulations. In the event of the ab sence or disability of the Sheriff, the chief deputy sheriff shall act in his stead; in the event of the absence or disability of the Clerk, the chief deputy clerk shall act in his stead."
By substituting the following in lieu of Section 38:
"Section 38. The Senior Judge of the Municipal Court of Sa vannah shall be authorized and empowered to appoint a Secretary to the Judges of said Court. The Secretary appointed pursuant to this Section shall be designated as an employee in the unclassified service of the civil service of Chatham County. The salary of said Secretary shall be fixed by the Chatham County Commissioners on the recommendation of the Senior Judge of the Municipal Court of Savannah, and be paid out of the treasury of Chatham County."

THURSDAY, MARCH 20, 1969

2421

By substituting the following in lieu of Section 40:

"All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, that if any Section or provision of this Act shall be held unconstitutional or invalid by any Court of com petent jurisdiction, the corresponding original Acts hereby sought to be changed shall ipso facto and pro tanto stand reenacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act. Nothing herein contained shall be con strued to repeal any laws or parts of laws abolishing Justices' Courts and the Office of Justice of the Peace and of Notary Public ex officio Justice of the Peace throughout all or any part of Chatham County."

The report of the Committee, which was favorable to the passage of the Bill,. as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 992. By Messrs. Farmer and Matthews of the 16th: A Bill to be entitled an Act to amend an Act placing the sheriff of Clarke County upon an annual salary, approved February 28, 1966, sa as to increase the food allowance for the prisoners confined in the county jail; to provide an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 994. By Mr. Colwell of the 5th: A Bill to be entitled an Act to amend an Act placing the sheriff of Lumpkin County upon an annual salary, approved February 28, 1966,, so as to change the compensation and method of fixing the compensation of the sheriff; and for other purposes.

2422

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 995. By Messrs. Smith and Caldwell of the 39th: A Bill to be entitled an Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to fees paid Coroners, as amended, so as to change the compensation of Coroners in certain coun ties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 996. By Messrs. Farmer and Matthews of the 16th: A Bill to be entitled an Act to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens), ap proved September 9, 1879, as amended, so as to provide for a special investigator; to provide for his qualifications; to provide for his com pensation and expenses; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
:HB 997. By Mr. Ballard of the 23rd: A Bill to be entitled an Act to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; to provide for the method of paying such compensation to the mayor and councilmen; to provide an effective date; and for other purposes.

THURSDAY, MARCH 20, 1969

2423

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 893. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the office of county treasurer in all counties in this State having a population of not less than 19,550 and not more than 19,700 according to the 1960 U. S. Decennial Census or any future such census; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 258. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed t.

On the passage of the Bill, the ayes were 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

2424

JOURNAL OF THE HOUSE,

The following message we received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 667. By Messrs. Anderson and Holder of the 49th: A Bill changing the method of compensating the Clerk of the Superior Court of Tellfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
HB 670. By Messrs. Anderson and Holder of the 49th: A Bill to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, ex clusively; and for other purposes.
HB 822. By Mr. Pafford of the 64th: A Bill to create the City of Pear son Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.
HB 690. By Mr. Grahl of the 40th: A Bill to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 558. By Messrs. Westlake, Floyd, Davis and Higginbotham of the 75th, Collins and Geisinger of the 72nd and others: A Bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of the members of the board of education; and for other purposes.
HB 660. By Messrs. Holder and Anderson of the 49th: A Bill to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said County and the Clerk

THURSDAY, MARCH 20, 1969

2425

of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said County; and for other purposes.

HB 661. By Messrs. Holder and Anderson of the 49th:
A Bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner of Dodge County; and for other purposes.

HB 662. By Messrs. Holder and Anderson of the 49th: A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner; and for other purposes.
HB 663. By Messrs. Holder and Anderson of the 49th: A Bill to amend an Act changing the compensation of the Ordinary of Dodge County, so as to change the compensation of the Ordinary; and for other purposes.

HB 664. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell property in excess of $100.00 to said City must do so as a result of com petitive bidding; to increase the number of city commissioners; and for other purposes.
HB 665. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act fixing the salaries of certain officers of Bleckley County, so as to change the compensation of the ordinary; and for other purposes.

HB 666. By Messrs. Anderson and Holder of the 49th:
A Bill to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 668. By Messrs. Anderson and Holder of the 49th:
A Bill to abolish the present mode of compensating the Tax Receiver of Bleckley County, known as the fee system; and for other purposes.

2426

JOURNAL OF THE HOUSE,

HB 669. By Messrs. Anderson and Holder of the 49th:
A Bill to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner; and for other purposes.

HB 671. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act creating a new charter for the City of Hawkinsville to sell and convey a certain tract of land; and for other purposes.

HB 672. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, so as to increase the salary limitation of the clerk or deputy of the ordinary; and for other purposes.

HB 673. By Messrs. Anderson and Holder of the 49th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.

HB 680. By Messrs. Bowen and Rainey of the 47th: A Bill to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relating to the issuance of and security for the bonds of the Authority; and for other purposes.
HB 685. By Messrs. Hudson and Dorminy of the 48th: A Bill to amend an Act placing the Sheriff of Wilcox County on a salary basis, so as to change the expense allowance for said sheriff; and for other purposes.
HB 691. By -Mr. Grahl of the 40th: A Bill to amend an Act placing the clerk of the Superior Court of Crawford County upon annual salary, so as to change the compensation of the clerk; and for other purposes.
HB 692. By Mr. Grahl of the 40th: A Bill to abolish the present mode of compensating the ordinary of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

THURSDAY, MARCH 20, 1969

2427

HB 733. By Messrs. Kreeger, Burruss, Atherton, Wilson, Housley and Henderson of the llth:
A Bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobh County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.

HB 776. By Mr. Jones of the 59th:
A Bill to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mclntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commissioner; and for other purposes.

HB 777. By Mr. Jones of the 59th:
A Bill to amend an Act creating a board of commissioners of Mclntosh County, so as to change the compensation of the commissioners; and for other purposes.

HB 778. By Mr. Jones of the 59th:
A Bill to abolish the present mode of compensating the ordinary of Mclntosh County, known as the fee system; to provide in lieu thereof an annual salary, to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.

HB 779. By Mr. Jones of the 59th: A Bill to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen; and for other purposes.
HB 798. By Messrs. Gunter and Moore of the 6th: A Bill to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, in certain counties; and for other purposes.
HB 799. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.

2428

JOURNAL OF THE HOUSE,

HB 808. By Messrs. Mason and Nash of the 13th:
A Bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.

HB 809. By Messrs. Mason and Nash of the 13th:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A Bill to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of said court reporter; and for other purposes.

HB 819. By Messrs. Higginbotham, Davis, Floyd and Westlake of the 75th, Morris and Bell of the 73rd, Dean of the 76th, Collins and Geisinger of the 72nd and others:
A Bill to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said governing authority; and for other purposes.

HB 823. By Mr. Pafford of the 64th:
A Bill to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy; and for other purposes.

HB 824. By Mr. Pafford of the 64th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Lanier County, known as the fee system; and for other purposes.
HB 825. By Mr. Pafford of the 64th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said commis sioners; and for other purposes.

THURSDAY, MARCH 20, 1969

2429

HB 826. By Messrs. Dean and Murphy of the 19th:
A Bill to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings of the Board; and for other purposes.

SB 827. By Messrs. Dean and Murphy of the 19th:
A Bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, so as to provide for an additional motor vehicle for use by the sheriff of said county; and for other purposes.

HB 828. By Messrs. Douglas and Rowland of the 42nd:
A Bill to amend an Act creating a Board of Commissioners of Laurens County, so as to change the compensation of the commissioners; and for other purposes.

HB 829. By Messrs. Cato and Conger of the 68th: A Bill to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.
HB 835. By Messrs. Milford and Mauldin of the 12th: A Bill to amend an Act incorporating the City of Hartwell, so as to change the term of office of the mayor; and for other purposes.
HB 840. By Mr. Johnson of the 29th: A Bill to create and establish a Small Claims Court in and for Warren County; and for other purposes.
HB 846. By Messrs. Rowland and Douglas of the 42nd: A Bill to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an ex pense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.
:HB 850. By Messrs. Bell and 'Morris of the 73rd, Dean of the 76th, and others: A Bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to change the method of filling vacancies on the Board of Commissioners; and for other purposes.

2430

JOURNAL OF THE HOUSE,

HB 868. By Messrs. Cato and Conger of the 68th:
A Bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change the compensation of said sheriff; and for other purposes.

HB 871. My Messrs. Vaughn and Jordan of the 74th:
A Bill to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority of this Act; and for other purposes.

HB 873. By Mr. Simmons of the 4th: A Bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, so as to change the corporate limits of said City; and for other purposes.
HB 362. By Messrs. Douglas of the 42nd and Hudson of the 48th: A Bill to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307, relating to the protection of buyers of goods; and for other purposes.
HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham, Davis, Floyd and Westlake of the 75th, and others:
A Bill to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.
HB 885. By Messrs. Peterson and Nunn of the 41st: A Bill to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.
HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, and others: A Bill to amend an Act establishing an equalized adjusted school prop erty tax digest for each county in the State and for the State as a whole, so as to provide that the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; and for other purposes.

THURSDAY, MARCH 20, 1969

2431

HB 138. By Messrs. Peterson and Nunn of the 41st:
A Bill to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.

HB 169. By Mr. Barber of the 15th:
A Bill to amend an Act so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two years break in service so that the combined break in service does not exceed four years; and for other purposes.

HB 434. By Messrs. Bohannon and Patterson of the 20th: A Bill to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the preceding years' value; and for other purposes.
HB 785. By Messrs. Matthews of the 63rd: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expenditure of certain funds for school lunch purposes; and for other purposes.
HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A Bill to amend an Act relative to the taxation of cigars and cigarettes as amended, so as to impose certain duties on dealers and distributors; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 179-462. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A Resolution authorizing the State Department of Education to pay certain sums to local units of administration who were denied their pro portionate share of funds distributed under the Minimum Foundation Program of Education Act; and for other purposes.

2432

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A Bill to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.

HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A Bill to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employ ment benefits and retirement plans, and to authorize the funding of same in whole or in part; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knappof the 81st:
A Bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 142. By Senator Padgett of the 23rd:
A Bill to amend an Act providing for the appointment of an assistant solicitor-general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.
SB 143. By Senator Padgett of the 23rd:
A Bill to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the U. S. decen nial census of 1960 or any future census, the district attorney of the Judicial Circuit shall receive additional compensation; and for other purposes.

THURSDAY, MARCH 20, 1969

2433

SB 144. By Senators Padgett of the 23rd, Holley of the 22nd, McGill of the 24th, and Cox of the 21st:
A Bill to amend an Act abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, approved August 18, 1919, as amended, so as to change the compensation of the chief assistant district attorney; and for other purposes.

SB 171. By Senator Padgett of the 23rd:
A Bill to provide that sentences in criminal cases shall give the defend ant credit towards service of his sentence for any days spent in custody in connection with the offense or actions for which sentence was im posed; to repeal conflicting laws; and for other purposes.

SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd, and others:
A Bill to create the Institute for Research in Bio-Technology; to repeal conflicting laws; and for other purposes.

SB 269. By Senator Spinks of the 9th:
A Bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963, so as to increase the maximum interest rate on bonds and other obligations of the authority; and for other purposes.

SB 270. By Senator London of the 50th:
A Bill to amend an Act placing the Sheriff of Rabun County upon an annual salary approved April 5, 1965, so as to change the compensation of the sheriff; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:

SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others:
A Resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General Assembly during legislative sessions; and for other purposes.
SR 117. By Senator Coggin of the 35th:
A Resolution creating the Scholarship Study Committee; and for other purposes.

2434

JOURNAL OF THE HOUSE,

SR 123. By Senator Hill of the 29th:
A Resolution authorizing the disposal of five separate tracts of land lo cated in Meriwether County, Georgia; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 272. By Senator Miller of the 43rd:
A Bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the pur pose of suspending driver licenses, approved March 7, 1968, and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 281. By Senator Holley of the 22nd:
A Bill to amend Code Chapter 84-2, relating to certification of account ants, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.

The Senate recedes from its amendment to the following Bill of the House, to-wit:

HB 90. By Messrs. Hale of the 1st and Harris of the 77th: A Bill to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others: A Resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General Assembly during legislative sessions; and for other purposes.
Referred to the Committee on State Institutions and Property.

THURSDAY, MARCH 20, 1969

2435

SR 117. By Senator Coggin of the 35th:
A Resolution creating the Scholarship Study Committee; and for other purposes.
Referred to the Committee on State of Republic.

SR 123. By Senator Hill of the 29th: A Resolution authorizing the disposal of five separate tracts of land located in Meriwether County; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 142. By Senator Padgett of the 23rd: A Bill to be entitled an Act to amend an Act providing for the appoint ment of an assistant solicitor-general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.
Referred to the Committee on Local Affairs.
SB 143. By Senator Padgett of the 23rd: A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000, the district attorney of the Judicial Circuit shall receive additional compen sation; and for other purposes.
Referred to the Committee on Local Affairs.
SB 144. By Senators Padgett of the 23rd, Holley of the 22nd, McGill of the 24th, and Cox of the 21st: A Bill to be entitled an Act to amend an Act abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, so as to change the compensation of the chief assist ant district attorney; and for other purposes.
Referred to the Committee on Local Affairs.
SB 171. By Cenator Padgett of the 23rd: A Bill to be entitled an Act to provide that sentences in criminal cases shall give the defendant credit towards service of his sentence for any days spent in custody in connection with the offense or actions for which sentence was imposed; and for other purposes.
Referred to the Committee on Judiciary.

2436

JOURNAL OP THE HOUSE,

SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd, and others:
A Bill to be entitled an Act to create the Institute for Research in BioTechnology; and for other purposes.
Referred to the Committee on University System of Georgia.

SB 269. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, so as to increase the maximum interest rate on on bonds and other obligations of the authority; and for other purposes.
Referred to the Committee on Local Affairs.

SB 270. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rabun , County upon an annual salary, so as to change the compensation of the
sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

SB 272. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 281. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, so as to provide that the members thereof may succeed themselves; and for other purposes.
Referred to the Committee on Banks and Banking.

The following Resolution of the House was read and referred to the Committee on Banks and Banking:

HR 358. By Messrs. Shanahan of the 8th, Ross of the 26th, Moate of the 28th, Longino of the 98th and Gaynor of the 88th:
A RESOLUTION
Creating the Bank Holding Company Study Committee; and for other purposes.

THURSDAY, MARCH 20, 1969

2437

WHEREAS, it has come to our attention that banks operating under the State Bank Holding Company Act have been acquiring stock in banks in which the holding company owns the legal 5 percent maximum through purchases by officers, directors, and employees; and

WHEREAS, this is contrary to the intent of the law; and

WHEREAS, it is the desire of the members of this body to study the Bank Holding Company Act in Georgia and to make recommendations to eliminate this practice.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the Bank Holding Company Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Rep resentatives. The committee shall be authorized to study the bank holding company laws in Georgia, the bank holding company laws in other states, and the federal bank holding company laws. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which are necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings, rec ommendations and suggestions for proposed legislation, if any, to the 1970 Session of the General Assembly, at which ,time the committee
shall stand abolished.

Mr. Murphy of the 19th, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 358. Do Pass as amended.
Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Connell of the 79th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

2438

JOURNAL OF THE HOUSE,

HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A Bill to be entitled an Act to provide for an associate judge of the city court in all counties of this State having a population of not less than 135,000 nor more than 140,000; and for other purposes.

On the motion, the ayes were 96, nays 7.

The motion prevailed, and HB 900 was reconsidered.

Mr. Clarke of the 33rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 529. By Messrs. Clarke of the 33rd, Smith of the 3rd and Lee of the 61st: A Bill to be entitled an Act to provide that in certain counties there shall be but one governing authority to handle the duties, responsibilities and functions of all municipal and county affairs in such counties; and for other purposes.
On the motion, the ayes were 75, nays 37.
The motion prevailed, and HB 529 was reconsidered.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on Local Affairs:
HB 435. By Messrs. Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd: A Bill to be entitled an Act to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

THURSDAY, MARCH 20, 1969

2439

HR 251-705. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th and others:
A Resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HR 251-705 by adding a new paragraph immediately preceding the last paragraph the following:
"The President of the Senate may fill all vacancies caused by mem bers of the Senate who have not returned, and the Speaker of the House may fill all vacancies caused by members of the House who have not re turned, during the existence of the Commission.".

Mr. Gaynor of the 88th moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee
Caldwell Carnes Gates Cato Chandler Clarke Cole Collier

Collins,, M. Collins, S. Colwell Conger Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas
Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar

Pelton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Hendersoi> Hieginbotham
Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson

2440
Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton

JOURNAL OF THE HOUSE,

Merritt Miles Milford
Miller Morris Mullinax
Murphy Nash Nessmith Northcutt Nunn
Odom Pafford
Paris Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland

Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason, Thompson, A. W. Thompson, R.
Toles
Vaughn Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams Wood

Not voting were Messrs. :
Barfield Bennett Bowen Brantley, H. H. Bray Brooks Conner Cook Gunter

Hale Hamilton Howell Jones, C. M. Lewis McClatchey Moate Moore Pickard

Poole Shanahan Snow Townsen,d Wheeler, Bobby Wilson Mr. Speaker

On the motion, the ayes were 170, nays 0.

The motion prevailed, and the Senate amendment to HR 251-705 was agreed to.

HB 534. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.

THURSDAY, MARCH 20, 1969

2441

The following Senate amendment was read:

Senator Chapman of the 32nd moves to amend HB 534 as follows:

Change Section 5 to Section 6.

New Section 5 to read as follows:

"Said Act is further amended by striking Section 8 (g) in its en tirety and inserting in lieu thereof a new Section 8 (g) to read as follows:

"This Act, including Section 11, shall not apply to any institution conducted by and for the adherents of any church or religious denomina tion for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for heal ing in the practice of the religion of such church or denomination and exempt from licensing, and, notwithstanding any other provision of this Act, no license and registration or provisional license shall be required of any individual responsible for planning, organizing, directing, controlling and administering such institution."

Mr. Murphy moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 534 was disagreed to.

HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd: A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employment benefits and retirement plans, and to author ize the funding of same in whole or in part; and for other purposes.
The following Senate amendment was read: Senator Garrard of the 37th moves to amend HB 651 as follows: By deleting Section 3A in its entirety.
Mr. Lowrey of the 9th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:

2442

JOURNAL OF THE HOUSE,

Voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Berry Black Blaloek Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Colling, M. Collins, S. Collwell Conger Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards

Ellis Evans Ezzard Farmer Farrar Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginjbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, H. S. Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Matthews, C. Mauldin McCracken McDaniell Melton Merritt

Milford Miller Morris Mullinax
Murphy Nash Nessmith Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Simmons Sims Smith, V. T. Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Voting in the negative were Messrs.:

Keyton Maxwell

Miles Sherman

Simkins

THURSDAY, MARCH 20, 1969

2443

Not voting were Messrs.
Ballard Barfield Bray Clarke Conner Cook DeLong Dent Egan Fallin Felton Gary Gunter Hale Hamilton

Hawes Henderson Holder Howell Jones, C. M. Jones, M. Jordan, G. Keen Lambert Lee, W. J. (Bill) Longino Mason Matthews, D. R. McClatchey Moate

Moore Northcutt Nunn Pickard Poole Russell Smith, J. R.
Snow
Sorrells Townsend Wamble Westlake Whaley Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 145, nays 5.

The motion prevailed, and the Senate amendment to HB 651 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb., p. 207), so as to change the limitations imposed upon such levy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

2444

JOURNAL OF THE HOUSE,

Section 1. An Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb., p. 207), is hereby amended by striking Sec tion 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. From and after the passage of this Act no munici pal corporation or county authority of this State, notwithstanding any provision in its charter to the contrary, shall levy or collect any license, occupational or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, masseur, public accounting, embalming, funeral directors, civil, me chanical, hydraulic, or electrical engineering or achitecture except at
the place where any such practitioner shall maintain his principal office; provided, such levy shall not exceed the sum of $200.00 per year."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Miller of the 83rd moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Adams Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Chandler Cole Collins, M.

Collins, S. Colwell Connell Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dickinson Dixon Dodson Egan Ellis Evans Ezzard Fallin Farmer Felton Floyd, J. H. Floyd, L. R.

Funk Gary Gaynor Gignilliat Grahl Graves Hadaway Harrington Harris, J. R. Harris, R. W. Hawes Higginbotham Hood Housley Howell Hudson Hutchinson Johnson Joiner Jordan, H. S. Keen Keyton Knapp Knowles

Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Miles Milford Miller Moore

THURSDAY, MARCH 20, 1969

2445

Mullinax Murphy Nash Nessmith Northcutt
Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Pickard Pinkston Potts Rainey Reaves Rush Russell Salem Shanahan

Shepherd Sherman Simkins
Simmons Sims Smith, J. R. Smith, V. T. Sweat Toles Townsend
Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Voting in the negative were Messrs.:

Alexander Buck Carnes Cato Conger Daugherty Douglas

Edwards Farrar Hargrett Jones, Herb
Jones, M. Jordan, G. Moate

Morris Phillips, W. R. Ross Rowland Thomason Thompson, A. W. Thompson, R.

Not voting were Messrs.
Ballard Blalock Brantley, H. L. Brooks Cates Clarke Collier Conner Dent Dorminy Geisinger Gunter Hale

Hamilton Harris, J. F. Harrison Henderson Hill, B. L.
Hill, G. Holder Horton Jones, C. M.
Le vitas Maxwell McClatchey McCracken

Odom Parker, H. W. Phillips, G. S. Poole Roach Scarborough Scarlett Snow Sorrells Whaley Mr. Speaker

On the motion, the ayes were 137, nays 21.

2446

JOURNAL OF THE HOUSE,

The motion prevailed, and the Senate substitute to HB 87 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending1 the same:

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.

Mr. Rainey of the 47th moved that the House insist on its position in disagree ment to the Senate admendment and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Rainey of the 47th, Dickinson of the 118th and Reaves of the 71st.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th and others: A Bill to be entitled an Act to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privi lege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The following Senate amendment was read:
SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY IN GOVERNMENT AMENDMENT TO
HOUSE BILL 564.
By deleting Section 6 in its entirety and by renumbering Section 7

THURSDAY, MARCH 20, 1969

2447

as Section 6, Section 8 as Section 7, Section 8A as Section 8 and Section 8B as Section 8A.

By deleting Section 11 in its entirety and inserting in lieu thereof the following:

"Section 11. Said Title is further amended by striking in its en tirety Code Section 34-1006, relating to the qualifying of candidates, and substituting in lieu thereof a new Code Section 34-1006 to read as follows:

'Section 34-1006. Qualification of Candidates.--Unless other wise provided by law, all candidates for party nomination in a pri mary shall qualify as such candidates in accordance with the pro cedural rules of their party; provided, however, no person who meets the requirements of such procedural rules and who is eligible to hold the office which he seeks and who affirms his allegiance to his party by signing the following oath: "I do hereby swear or affirm my allegiance to the .__--_.______________._________._. (name of party) Party," shall be prohibited from qualifying for such office.

In the case of a general primary, the candidates shall commence qualifying not earlier than 135 days prior to the date of such pri mary and not later than the last Wednesday in May. All parties shall close their qualifications at 12:00 noon on the second Wednesday in June immediately preceding such primary. In the case of a special primary, the State executive committee or other committee of the date of such primary.
Within one hour after the qualifications have ceased, the county executive committee of each political party or body shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the State executive committee of each political party or body shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located.
In the event of the death of a candidate prior to the date of a primary, the State executive committee or other committee of the party authorized by party rule, may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days."
And by deleting in Section 22, Section 34-1406 (v) the word "mark" and the phrase "with a pen or pencil" in order for the sentence to read as follows:
The elector shall first display the ballot to such person as evi dence that the same is unmarked, and then shall proceed to vote the ballot, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot'."

2448

JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 564 was disagreed to.

HB 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repal an Act known as the "Georgia Agri cultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.

The following Senate amendments were read:
Senators Pennington of the 45th and Rowan of the 8th move to amend HB 611 by inserting on Page 42, Section 19 (k), line 4, after the word "enter" the following:
"during normal business hours.".
Senators Pennington of the 45th and Rowan of the 8th move to amend HB 611 by adding at the end of Section 17 (i) the following:
"Provided, however, that all monies invested shall be invested in those areas of production that will provide a return at the highest inter est rate available. It shall be the duty of the Commission to annually review these investments, and determine that the provisions of this sec tion are complied with.".
Senators Pennington of the 45th and Rowan of the 8th move to amend HB 611 by inserting in Section 17, line 13, after the word "funds.", the following:
"Provided, however, that no assessment shall be levied which would produce funds in excess of those funds necessary to implement the pro jected operating budget.".
Mr. Matthews of the 63rd moved that the House disagree to the Senate amendments.
The motion prevailed, and the Senate amendments to HB 611 were disagreed to.

THURSDAY, MARCH 20, 1969

2449

HB 822. ByMr.Pafford of the 64th:
A Bill to be entitled an Act to create the City of Pearson Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.

The following Senate amendment was read:
County and Urban Affairs offers the following amendment to HB 822:
by adding at the end of Section 7 the following:
The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority.

Mr. Pafford of the 64th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 104, nays 0.
The motion prevailed, and the Senate amendment to HB 822 was agreed to.
By unanimous consent, all House Bills and Resolutions passed today were ordered immediately transmitted to the Senate.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 953. By Mr. Barber of the 15th: A Bill to be entitled an Act to amend an Act creating the "Georgia State Scholarship Commission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2450

JOURNAL OP THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson

Douglas Edwards Egan Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton, Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill)

Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDaniell Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Reaves Roach Ross Rowland Russell Salem Shanahan Shepherd Sherman Simmons Smith, J. R. Smith, V. T. Sweat

THURSDAY, MARCH 20, 1969

2451

Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

Williams Wilson Winkles Wood

Not voting were Messrs.:
Ballard Barfield Clarke Conner DeLong Dorminy Ellis Farmer Hadaway Hale Hamilton

Hill, G, Horton Lane, Dick Longino Matthews, C. McClatchey McCracken Melton Odom Phillips, G. S. Poole

Rainey Rush Scarborough Scarlett Simkins Sims Snow Sorrells Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, etc.", approved February 28, 1969 (Act No. 57), so as to delete the appropriation relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton

Barber Barfield Battle Bell

Bennett Berry Black Blalock

2452
Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates ato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dodson Dorminy Douglas Edwards Ellis
JSvans
Ezzard
Fallin
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Grahl

JOURNAL OP THE HOUSE,

Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
McCracken.
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate
Moore

Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Wilson
Winkles
Wood

THURSDAY, MARCH 20, 1969

2453

Voting in the negative was Mr. J. E. Dean.

Those not voting were Messrs.:

Ballard Caldwell Collins, M. Conner Dixon Egan Farmer Hadaway Hale

Hamilton Hill, B. L. Howell Matthews, C. Maxwell McClatchey Phillips, G. S. Pickard Poole

Salem Scarborough Scarlett Simkins Sorrells Sweat Mr. Speaker

On the passage of the Bill, the ayes were 169, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 954. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to authorize the Corporation to enter into contracts for the purpose of rendering any type of assistance or any service that may be deemed necessary or desirable to promote the student loan program throughout the State;, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bennett Black Blalock Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell

Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger

2454
Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Holder Hood

JOURNAL OF THE HOUSE,

Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb
Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas
Lewis Longino
Lowrey Marcus Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Mullinax Murphy Nash Nessmith Northcutt

Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rowland Rush Russell Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, A. W. Toles Town send Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Ballard Barfield Bell Berry Brooks Douglas Farmer

Gaynor Hadaway Hale Hamilton Harris, J. R. Henderson Higginbotham

Howell Jones, C. M. Matthews, D. R. Maxwell Morris Phillips, G. S. Pickard

Poole Ross Salem

THURSDAY, MARCH 20, 1969

2455

Scarborough Shanahan Sorrells

Thompson, R. Westlake Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 375. By Messrs. Rainey of the 47th and Dickinson of the 118th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the hunting of deer from scaffolds or tree stands; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Carnes

Cates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty
Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson

Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat
Grahl Graves Gunter Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham

2456
Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus

JOURNAL OF THE HOUSE,
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey

Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles

Voting in the negative was Dr. Hargrett.

Those not voting were Messrs.:

Barfield Busbee Caldwell Collins, M. Farmer Gaynor Hadaway Hale Hamilton

Harris, J. R. Henderson Howell McCracken Miles Moate Peterson Pickard Pinkston

Poole Scarborough Shanahan Simkins Vaughn Wilson Wood Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 20, 1969

2457

HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st, Whaley of the 93rd, Gignilliat of the 89th and others:
A Bill to be entitled an Act to create the Groveland Lake Development Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was aa follows:

Those voting in the affirmative were Messrs.

Adams Alexander Ballard Barber Battle Bell Berry Black
Blalock Bohannon Bond Bostick Bo wen Brantley, H. L.
Brooks Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder

Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Milford Miller Moate Moore

2458
Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R.

JOURNAL OP THE HOUSE,

Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those not voting were Messrs.:

Anderson Atherton Barfield Bennett Brantley, H. H. Bray Burruss Caldwell Collins, M. Conner Egan

Hadaway Hale Hamilton Harris, J. R. Henderson Howell Kreeger Leonard Matthews, C. Maxwell McClatchey

Miles Odom Pickard Pinkston Poole Scarborough Shanahan Sherman Townsend Wilson Mr. Speaker

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 20, 1969

2459

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Gates Cato Clarke Cole Collier Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Ellis Evans Ezzard

Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harris, J. F. Harris, R. W. Harrison Hawes Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Maxwell McClatchey McCracken Melton Miles Miller

Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Potts Rainey Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thimpson, R. Toles Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Ballard Barfield

Bennett Buck

Caldwell Chandler

2460
Collins, M. Collins, S. Colwell Conner Dorminy Egan Farmer Gaynor Hale Hamilton Harrington Harris, J. R. Henderson Higginbotham

JOURNAL OF THE HOUSE,

Hill, B. L. Holder Howell Jones, C. M.
Jones, M. Kreeger Lambert Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Merritt Milford

Moore Odom Phillips, W. R. Pinkston
Poole Reaves Scarborough Smith, J. R. Sorrells Townsend Ware Westlake Whaley Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44thr
A Bill to be entitled an Act to amend an Act approved March 16, 1966, relating to the determination of income taxes on compensation of cer tain armed forces personnel to provide for the abatement of income taxes of deceased members of armed forces engaged in Vietnam com bat zones; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell
Berry Black Blalock Bohannon Bond

Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss
Busbee Carnes Gates Cato Chandler

Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner
Cook Cooper Dailey Daugherty Davis, E. T.

Davis, W. Dean, J. E. Dean, N.
DeLong Dent Dickinson
Dixon Dodson Dorminy Douglas Edwards Egan Ellis Ezzard Tallin Farmer JTarrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W Harrison Hawes Higginbotham
Hill, G. Holder Hood Horton Housley Howell Hudson

THURSDAY, MARCH 20, 1969

2461

Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S.
Keen Keyton
Knapp Knowles Kreeger Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miles Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A.

Parker, H. W. Patterson
Peters Peterson Phillips, L. L. Phillips, W. R.
Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Caldwell Clarke
Crowe Evans Floyd, J. H. Hale

Hamilton Henderson Hill, B. L. Jones, C. M. Lambert Matthews, D. R. McCracken McDaniell Miller Moate

Phillips, G. S. Pickard Pinkston Poole Sherman
Snow Sorrells Townsend Mr. Speaker

2462

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 863. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act to amend Code Section 22-1313 of the Georgia Code of 1933, as amended, so as to change certain require ments in presenting and filing articles of dissolution; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole
Collier

Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Ellis Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Funk Gary Gaynor

Geisinger Gignilliat Grahl Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton

THURSDAY, MARCH 20, 1969

2463

Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Milford Moore Morris

Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Reaves Ross Rowland Rush Russell Scarborough Scarlett

Shanahan Shepherd Simkins Sims Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Simmons Wilkerson

Those not voting were Messrs.:

Barfield Bennett Bostick Bo wen Caldwell Crowe Dean, J. E. Dodson Edwards Egan Evans Pelton Graves

Hale Hamilton Harrison Higginbotham Jones, C. M. Lambert Matthews, D. R. McCracken Miles Miller Moate Phillips, G. S. Pickard

Pinkston Poole Rainey Roach Salem Sherman Smith, J. R. Snow Townsend Ware Westlake Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 864. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that any em ployer who withholds more than $100 monthly shall pay such money to State depositors designated by the Commissioner; and for other purposes.

2464

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber
Battle Bell
Berry Black Blalock Bohannon Bond
Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee Carnes Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson

Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S.

Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston
Potts

Rainey Reaves Roach Ross Rowland Rush Russell Salem
Scarborough Scarlett Shanahan Shepherd

THURSDAY, MARCH 20, 1969

2465

Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Thomason
Thompson, A. W. Thompson, R. Toles Vaughn

Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams
Wilson Winkles Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Caldwell Cato Conger Crowe Egan

Farrar Hale Hamilton Jones, C. M. Lambert Matthews, C. Matthews, D. R. Milford

Moate Phillips, G. S. Pickard Poole Snow Sweat Townsend Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 258-785. By Mr. Black of the 45th:
A RESOLUTION
Creating the Chattahoochee Judicial Circuit Study Committee; and other other purposes.
WHEREAS, the Chattahoochee Judicial Circuit is composed of the following counties: Chattahoochee, Harris, Marion, Muscogee, Talbot, and Taylor; and
WHEREAS, of the six counties of said Circuit, there is also in cluded Muscogee County which is one of the largest counties of this State; and

2466

JOURNAL OF THE HOUSE,

WHEREAS, a thorough study should be made of the Chattahoochee Judicial Circuit, and the feasibility and advisability of creating a separate Judicial Circuit for Muscogee County should be explored.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Chattahoo chee Judicial Circuit Study Committee to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speak er thereof. Said Committee shall make a thorough study of all matters relating to the Chattahoochee Judicial Circuit and shall explore the feasibility and advisability of establishing a separate Judicial Circuit for Muscogee County.

BE IT FURTHER RESOLVED that the members of said Com mittee shall be authorized to meet for not more than 10 days in carry ing out their duties and completing the study required by this Resolution. Each member of said Committee shall receive the expenses and allow ances authorized by law for members of legislative interim committees for service on said Committee.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations, accompanied by any proposed legislation suggested by the Committee, to the 1970 Session of the Gener al Assembly of Georgia, and said Committee shall stand abolished on the day said 1970 Session convenes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Atherton Barber Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.

Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger

Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson

Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Hendcrson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, J.

THURSDAY, MARCH 20, 1969

2467

Jordan, H. S.
Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin MeClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Adams Anderson Ballard Barfield Battle Bennett Egan Gignilliat Hale

Hamilton Horton Howell Jones, C. M. Lambert Leonard Maxwell Moate Odom

Paris Poole Rainey Sherman Sorrells Town send Vaughn Mr. Speaker

2468

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 169, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 273-825. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A RESOLUTION
Creating an Interim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes,
WHEREAS, in recent years it has been brought to the attention of the General Assembly of Georgia that it would be in the public interest to consider the licensing and regulating of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and
WHEREAS, several bills were introduced in the 1968 Session of the General Assembly which have for their purpose the licensing and regulation of said laboratories, banks, schools and personnel; and
WHEREAS, it would appear to be in the best interest of the peo ple of Georgia to study and consider if legislation is needed to regu late the aforementioned activities.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created an Interim Study Committee to be composed of three Senators to be appointed thereto by the President of the Senate and three members of the Hoiise of Representatives to be appointed thereto by the Speaker of the House. The Committee shall make a thorough and exhaustive study of the conditions which exist in the clinical laboratories of this State, as well as the procedures and practices being used by such laboratories. The Committee shall consult with experts in the field in order to ob tain the information needed and in order to determine whether there is a necessity for legislation for the licensing and regulation of labora tories, laboratory schools and laboratory personnel. The Committee may consult with representatives of the Medical Association of Georgia, the Georgia Medical Association, the Georgia Hospital Association, the Georgia Society of Medical Technologists, the Georgia Association of Pathologists, and the Georgia Society of American Medical Tech nologists, and the Georgia Department of Public Health. The Commit tee shall make a report of its findings and recommendations as to any needed legislation on or before December 31, 1969, on which date the Committee shall stand abolished. The members of the Committee shall receive the allowances authorized to legislative members of interim

THURSDAY, MARCH 20, 1969

2469

committees for ten days. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government.

The Report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T.

Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Evans Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Holder Horton Housley Hudson Hutchinson Johnson Joiner

Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford

2470
Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. K. Pickard Pinkston Potts Rainey Reaves

JOURNAL OF THE HOUSE,

Ross Rowland Russell Salem Scarborough Scarlett Shanahan Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat

Thomason Thompson, A. W. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Caldwell Collins, M. Dean, J. E. Ellis Ezzard Fallin Graves

Hale Hamilton Henderson Hill, B. L. Hill, G. Hood Howell Jones, C. M. Jordan, G. Kreeger McDaniell

Miller Poole Roach Rush Shepherd Sherman Simkins Thompson, R. Townsend Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 298-851. By Mr. Collier of the 54th:
A Resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 20, 1969

2471

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Battle Bell Berry Black Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dickinson Dixon Dorminy Douglas Edwards Egan Evans Ezzard Fallin Farmer
Farrar Felton Floyd, L. R. Funk Gary Gaynor

Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Moate

Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Town send Vaughn Wamble Ware Westlake Wheeler, Bobby
Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

2472

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Barfield Bennett Blalock Bond Bostick Bowen Brown, B. D. Caldwell Clarke Crowe

Dent Dodson Ellis Ployd, J. H. Hale Hamilton Harrison Higginbotham Hood Leonard

Miles Miller Odom Pickard Pinkston Poole Shepherd Snow Whaley Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 234-682. By Messrs. Children and Harrington of the 34th:
A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton
Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock
Bohannon Bond

Bostick Brantley, H. H. Brantley, H. L. Bray
Brooks Brown, B. D. Burruss Busbee Carnes Cates Cato Chandler Cole
Collier Collins, M.

Collins, S. Colwell Conger Connell
Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong
Dent Dickinson

Dixon Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M.

THURSDAY, MARCH 20, 1969

2473

Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford
Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W.

Patterson Peters Peterson Phillips, G. S. Phillips, L. L.
Potts Reaves Roach
Ross Rowland Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T.
Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Bo wen Brown, C. Buck
Caldwell Clarke Conner Crowe Dodson Hale Hamilton

Hawes Higginbotham Hill, B. L. Housley Jones, C. M. Matthews, C. Miller Moate Odom Phillips, W. R.

Pickard Pinkston Poole Rainey
Salem Snow Sorrells Wilson
Mr. Speaker

2474

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 72-184. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Paul Cochran; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read:

HR 344. By Mrs. Merritt of the 46th:
A Resolution creating the Andersonville Liaison Study Committee; and for other purposes.

The following substitute, offered by Mrs. Merritt of the 46th, was read and adopted:
A RESOLUTION
Creating the Andersonville Liaison Study Committee; and for other purposes.
WHEREAS, there is currently pending in the United States Con gress a bill to transfer Andersonville Prison Cemetery and Stockade to the National Parks Department in order to make the area a tourist attraction to be known as the Andersonville National Historic Site in the State of Georgia; and
WHEREAS, plans are being made to collect and house in an ap propriate place relics, mementos, and items of historic interest to the public, in order to enhance the appeal of Andersonville and to aid the State Department of Industry and Trade and the State Archives; and

THURSDAY, MARCH 20, 1969

2475

WHEREAS, it is known that such relics, mementos and items of historic interest are scattered in many places; and

WHEREAS, much history and lore is still to be gathered concerning persons who were connected in some way with the prison during the War Between the States, but much of this history and lore has been handed down in families, generation to generation, and should be ob tained and recorded before it is lost forever; and

WHEREAS, a fully developed tourist attraction in such an historic and attractive area in our State will add to the economy of the State, and will help in uniting the people of Georgia and the Nation; and

WHEREAS, Whitewater State Park is a new State park being de veloped as a recreation and picnic area a few miles from Andersonville and the two can be coordinated to benefit and enhance each other as a tourist attraction; and

WHEREAS, it would be most beneficial if one member of the House of Representatives were to assist in helping to collect records and mementos, and to act as temporary liaison between the local Anderson ville Steering Committee, the Department of Industry and Trade, the State Archives, the National Parks Department and the Southwest Georgia Area Planning Development Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Andersonville Liaison Study Committee" which shall consist of one member of the House of Representatives who is also a member of the Andersonville Steering Committee, and the Director of the Department of Industry and Trade, or his delegate; the director of the State Archives, or her delegate, and the Director of the Southwest Georgia Area Planning and Development Commission, or his delegate.
The Committee sahll aid in collecting records, mementos and items of historic interest for the purpose of aiding in the development of a tourist attraction at Andersonville National Historic Site in the State of Georgia.
The Committee shall act as liaison between the Department of In dustry and Trade, the National Parks Department, the State Archives, the Andersonville Steering Committee and the Southwest Georgia Area Planning and Development Commission.
The legislative member of the Committee shall receive from legis lative funds such expenses and allowances as are authorized to mem bers of interim legislative committees, but for no longer than 20 days, unless an extension is granted by the Speaker. The non-legislative members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred on official Committee business from the agency of State Government by which they are employed.

2476

JOURNAL OF THE HOUSE,

The Committee shall make a report of its findings to the 1970 General Assembly, and it shall deposit with the State Archives the property, materials or objects which it shall have found or located during its functioning. The State Archives shall act as custodian of the said property, materials or objects until the proper depository is con structed at Andersonville.

The Resolution, by substitute, was adopted.

Mr. Parker of the 46th served notice that at the proper time he would ask the House to reconsider its action in adopting HR 344, by substitute.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and Williams of the llth:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
The following substitute, offered by Mr. Paris of the 14th, was read:
A BILL
To be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, approved March 7, 1968 (Ga. Laws 1968, p. 430), so as to change the schedule of the points to be assessed for certain offenses; to reduce the violation point count necessary to suspend a license; to reduce the period of time within which such points must be accumulated; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing a violation point system for the assessment of points for various moving traffic violations for the pur pose of suspending driver licenses, approved March 7, 1968 (Ga. Laws 1968, p. 430), is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:

THURSDAY, MARCH 20, 1969

2477

"Section 2. The points to be assessed for each offense shall not exceed the following schedule:

Exceeding the speed limit by 25 miles per hour or more--6 points.

Exceeding the speed limit in a school zone--6 points.

Exceeding the speed limit by more than 10 miles per hour, but less than 25 miles per hour--3 points.

Exceeding the speed limit by not more than 10 miles per hour-- 2 points.

Unlawful passing of a school bus--6 points.

Any moving violation resulting in an accident--4 points.

Improper passing on hill or curve--4 points.

Disobedience of any traffic control device--3 points.

Operating a motor vehicle with improper or faulty equipment-- 3 points.

All other moving traffic violations--2 points.

Upon the second or subsequent plea of nolo contenders to any moving traffic violation, the driver shall receive an assessment of the violation points for such offense as provide for above."

Section 2. Said Act is further amended by striking from Section 3 the following:
"15" and "18"

and substituting in lieu thereof:
"12" and "24", respectively,
so that when so amended Section 3 shall read as follows:
"Section 3. The Director shall suspend the driver's license for a period of not more than one year of any person who has ac cumulated a violation point count of 12 or more points in any con secutive 24 month period. Upon the reinstatement of the license, the violation point count of such person shall be reduced to six. If no additional violation points are accumulated by such person within the 12 months subsequent to the reinstatement, the viola tion point count shall be reduced to zero."

2478

JOURNAL OF THE HOUSE,

Section 3. Said Act is further amended by striking from Section 9 the following words:

"and at all times prior thereto",

so that when so amended Section 9 shall read as follows:

"Section 9. In all cases where the Governor issues an execu tive order pursuant to an Act approved April 9, 1963 (Ga. L. 1963, p. 461) suspending the power of a county or municipality from en forcing speed limits within their jurisdictions as provided in said Act, any points accumulated under the provisions of this Act for violations occurring in such county or municipality during the pe riod of said suspension shall be removed from the record of the licensee. Provided, however, the provisions of this section shall not apply to any points accumulated as a result of any arrest made by any member of the Department of Public Safety or by any per son enforcing traffic regulations under the supervision of said department."

Section 4. The provisions of this Act shall become effective on May 1, 1969.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the substitute was read and adopted:
Mr. Paris of the 14th moves to amend the floor substitute to HB 603 by striking Section 1 and Section 2 and renumbering Section 3, Section 4 and Section 5 as Section 1, Section 2 and Section 3 respectively.

The substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber

Battle Bell Bennett Berry Black

Blalock Bohannon Brantley, H. H. Brantley, H. L. Brooks

Brown, C. Buck Burruss Busbee Games Gates
Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter

THURSDAY, MARCH 20, 1969

2479

Hadaway Hargrett Harrington Harris, J. F. Harris, J. R.
Hawes Higginbotham
Hood Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin McClatchey Melton Merritt Miles Milford Miller Moate Moore

Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Potts Rainey Reaves Rowland Salem Scarborough Shanahan Shepherd
Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Vaughn Wamble Ware Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wood

Those voting in the negative were Messrs.

Harrison Jordan, G.

Lane, Dick Phillips, W. R.

Those not voting were Messrs.:

Alexander Barfield Bond

Bostick Bowen Bray

Brown, B. D. Caldwell Clarke

2480
Collins, M. Daugherty Dean, J. E. Dorminy Edwards Egan Fallin Geisinger Hale Hamilton Harris, R. W. Henderson Hill, B. L.

JOURNAL OF THE HOUSE,

Hill, G. Holder
Horton Howell Jones, C. M. Maxwell McCracken McDaniell Morris Pinkston
Poole Roach Ross

Rush Russell
Scarlett Sherman Simkins Shnmons Thompson, R. Townsend Winkles Wilson
Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 5.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 573. By Mr. Connell of the 79th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home or relocatable home intended to be used as a residence being located within such county or municipality; to authorize such governing authorities to require a permit prior to such a mobile home or relocatable home being moved beyond the confines of such municipality or county within such county or municipality; to provide that no fee may be charged for any permit required in this Act; to provide for preparing and checking of returns of mobile homes or relocatable homes for tax purposes; to au thorize such governing authorities to provide appropriate penalties for the violation of any such ordinance or resolution; to authorize such gov erning authorities to provide for the registration of such mobile homes or relocatable homes as are presently located within their respective jurisdiction; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

THURSDAY, MARCH 20, 1969

2481

Section 1. The governing authority of each county and municipality in this State is authorized and empowered to provide by appropriate or dinances or resolutions for the procedures whereby the owner of a mobile home or a relocatable home shall be required to obtain from such governing authority a permit authorizing the location within the re spective confines of any such county or municipality a mobile home or relocatable home intended to be used by the owner thereof as a resi dence. Such governing authorities are also empowered to require from the owner of a mobile home or relocatable home used as a residence a permit authorizing the relocation of such mobile home or relocatable home within the county or municipality or beyond the confines of such municipality or county prior to such vehicle being permitted to be so relocated. Each permit shall be issued by such governing authority upon request by the owner if all applicable taxes have been paid.

Section 2. No such governing authority may charge any fee for any permit which may be required by this Act.

Section 3. It is the intent of this Act to assist governing authori ties in accurately preparing and checking the returns of mobile or relocatable homes, for tax purposes, and this Act shall in no way mod ify or affect existing zoning ordinances or laws. Such governing au thorities are also authorized and empowered to provide appropriate penalties for the failure of any person to comply with the ordinances or resolutions adopted pursuant to the authority of this Act.

Section 4. Such governing authorities are also empowered to re quire that the owners of mobile homes or relocatable homes used as residences which are presently located within their respective jurisdic tions must register such mobile homes or relocatable homes with such governing authorities and obtain a registration certificate. No fee may be charged for such registration and certificate.

Section 5. Such governing authorities are empowered to exercies such additional powers and duties as are necessary to effectuate the purposes of this Act.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the votes was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton

Barber Bell Berry

Blalock Bohannon Bond

2482
Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Egan Ellis Evans Fallin Farrar Felton
Floyd, J. H.
Floyd, L. E.
Funk
Gary
Geisinger
Graves

JOURNAL OP THE HOUSE,

Gunter Hadaway Harrington Harris, R. W. Harrison Hawes Higginbotham Hill, G. Hood Horton Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Maxwell McClatchey Melton Merritt Miles Miller
Moate
Moore
Morris
Mullinax
Murphy
Nash

Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Roach Ross Rowland Rush Russell Salem Scarlctt Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A.
Wilkerson
Williams
Winkles
Wood

Those voting in the negative were Messrs.:

Anderson Bowen Colwell Grahl

Hargrett Harris, J. F. Housley Leonard

Mauldin Milford Rainey

THURSDAY, MARCH 20, 1969

248a

Those not voting were Messrs.:

Ballard Barfield Battle Bennett Black Caldwell Collins, M. Dailey Dean, J. E. Dorminy Edwards Ezzard Farmer

Gaynor Gignilliat Hale Hamilton Harris; J. R. Henderson Hill, B. L. Holder Howell Jones, C. M. Lane, W. J. Matthews, C. McCracken

McDaniell Nessmith Pickard Poole Reaves Scarborough Smith, J. R. Sorrells Townsend Vaughn Ware Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 11.

The Bill, having received the requisite constitutional majority, was passed,, by substitute.

HB 414. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to transfer the Georgia Bureau of Investigation to the Department of Law; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson
Barfield Bell
Blalock Bohannon
Brantley, H. H. Bray Busbee
Carnes Cates
Cato

Chandler Clarke
Collier Collins, S.
Conger Cooper
Dean, J. E. Dixon Dodson
Douglas Edwards
Egan

Ellis Ployd, L. R.
Gary Geisinger
Grahl Graves
Harris, J. R. Hawes Henderson
Hood Hutchinson
Jones, Herb

2484

JOURNAL OF THE HOUSE,

Jordan, G. Knapp Knowles Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lowrey Marcus Mason McCracken McDaniell

Miller Morris Nessmith Odom Pafford Patterson Peterson Phillips, W. R. Potts Roach Ross Scarborough Shanahan Shepherd

Sherman Sims Sweat Thomason Thompson, A. W. Toles Townsend
Vaughhn Westlake Williams Wilson Winkles Wood

Those voting in the negative were Messrs.

Ballard Barber Battle Berry Black Bostick Bo wen Brantley, H. L. Brooks Brown, C. Burruss Collins, M. Colwell Connell Dailey Davis, E. T. Davis, W. DeLong Dickinson Dorminy Farrar

Gaynor Gignilliat Hadaway Hargrett Harrington Harris, J. F. Hill, G. Housley Hudson Johnson Joiner Jones, C. M. Jones, M. Jordan, H. S.
Keen Keyton Kreeger Matthews, D. R. Mauldin McClatchey Melton

Merritt Miles Moate Moore Murphy Northcutt
Paris Parker, C. A. Parker, H. W. Peters Phillips, L. L. Rainey Reaves Rowland
Rush Russell Simkins
Thompson, R. Whaley Wheeler, Bobby Wilkerson

Those not voting were Messrs.:

Alexander Atherton Bennett
Bond Brown, B. D. Buck Caldwell Cole
Conner Cook Crowe Daugherty

Dean, N. Dent Evans Ezzard Fallin Fanner Felton Floyd, J. H. Funk Gunter Hale Hamilton

Harris, R. W. Harrison Higginbotham
Hill, B. L. Holder Horton Howell Lane, W. J. Leonard Longino Matthews, C. Maxwell

Milford Mullinax Nash Nunn Phillips, G. S. Pickard Pinkston

THURSDAY, MARCH 20, 1969

2485

Poole Salem Scarlett Simmons Smith, J. R. Smith, V. T.

Snow Sorrells Wamble Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 77, nays 63.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Lee of the 61st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional ma jority to HB 414.

The Speaker announced the House recessed until 1:30, p.m., this afternoon.

AFTERNOON SESSION

The Speaker called the House to order.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 690. By Mr. Grahl of the 40th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the sheriff of Crawford County; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves ta amend HB 690 by striking from quoted Section 2, which Section isquoted in Section 1 of said Bill, the symbol and figure "$1.50" and sub stituting in lieu thereof "$2.50".
Mr. Grahl of the 40th moved that the House agree to the Senate amendment.

2486

JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 690 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment and has appointed Committee of Conference on the following Bill of the House, to-wit:
HB 436. By Mr. Vaughn of the 74th: A Bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
The President has appointed on the part of the Senate the following Senators:
Walling of the 42nd, Smalley of the 28th, and Hensley of the 33rd.
Mr. Murphy of the 19th, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 202. Do Pass. SB 281. Do Pass as Amended.
Respectfully submitted, Murphy of the 19th, Chairman.

THURSDAY, MARCH 20, 1969

2487

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommen dations:

HR 352-1004. Do Pass By Substitute. HB 1010. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and amended the calendar for today's business, Thursday, March 20, 1969, by adding and submitting the following:
HB 529. Certain Counties, One Governing Authority HR 256-758. Support of Public Education, Study Committee (Create) HB 865. Tax Return Transfer of Real Property HB 900. Richmond County, Provide for Associate Judge HR 307-904. Baldwin County: Convey Certain Tract of Land HB 906. Claims Advisory Board, Notice of Claims HB 999. Electronic Data Processing: Policy and Evaluation Committee HR 357-1014. Education Study Commission: Create
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

2488

JOURNAL OF THE HOUSE,

Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 38. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 92-1403, known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for ag ricultural purposes must be filed; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, "was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber
Battle Bell Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Carnes Cato Chandler
Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Cook

Cooper Dailey Daughherty Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Douglas Edwards Ellis Evans Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison

Hawes Higginbotham Hill, G. Holder Horton Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Marcus Mason Matthews, D. R. Mauldin Melton

Merritt Miles Milford Moore Morris Mullinax Nash Nessmith Northeutt Nunn Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S.

THURSDAY, MARCH 20, 1969

2489

Phillips, L. L. Phillips, W. R.
Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Simkins Simmons

Sims Smith, J. R. Thomason Thompson, A. W. Thompson, R.
Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A.
Williams Winkles
Wood

Those not voting were Messrs.:

Atherton Ballard Barfield Bennett Bond Brooks Brown, B. D. Burruss
Gates Connell Conner Crowe Dean, J. E. Dent Dixon Dodson Dorminy Egan Ezzard Farmer Funk

Hale Hamilton Harris, J. R. Henderson Hill, B. L. Hood Housley Jones, C. M.
Jones, M. Kreeger Leonard Lowrey Matthews, C. Maxwell McClatchey McCracken McDaniell Miller
Moate Murphy Odom

Pafford Paris Peterson Pickard Pinkston Poole Russell Shepherd Sherman Smith, V. T.
Snow Sorrells Sweat Toles Townsend Vaughn
Wamble Wilkerson Wilson Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 838. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act completely revising the laws relating to the State Game and Fish Commission; and for other purposes.

2490

JOURNAL OF THE HOUSE,
The House Game and Fish Committee moves to amend HB 838 asfollows:
By inserting in the title immediately before the phrase "to change the provisions relating to appropriations to the Commission;", the fol lowing: "to provide how a vacancy may occur on the Commission;".
By striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking in its en tirety Section 7 and substituting in lieu thereof the following:
'Section 7. The Commission shall elect a Chairman, ViceChairman, and a Secretary. These officers shall be elected for a period of one year, and shall be elected annually at the January meeting. The Commission shall hold regular meetings at least once every 60 days and may hold not more than six (6) special or called meetings in any one calendar year. Six members of the Commission shall constitute a quorum. A special or called: meeting may be called by the Chairman or a majority of the members of the Commission. The members of the Commission, including the Chairman, shall each receive twenty-five dollars for each day of actual attendance of meetings of the Commis sion, and actual cost of expenses including transportation to and from the place of meeting and their homes by the nearest practical route, not to exceed ten (10) cents per mile. Members of the Commission, including the Chairman, shall receive while on committee assignments, twenty-five dollars for each day of actual service and cost of expenses including transportation to and from the place of service and their homes by the nearest practical route, provided, however, that the total per diem compensation paid in any year to any member of the Commis sion shall not exceed $1,200.00. Such per diem and travel ex pense shall be paid from funds of the Commission. In the event, any member of the Commission shall fail to attend three con secutive meetings of the Commission, or shall fail to attend at least six meetings within any 12-month period, such membershall be deemed to have abandoned his position on the Commis sion, and a vacancy shall exist therein.' "

The report of the Committee, which was favorable to the passage of the Bill,, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Atherton

Ballard Barber

Barfield Battle

Bell Bennett
Berry Black Blalock Bohannon
Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell
Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T, Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Evans Fallin Farmer Parrar Felton Floyd, J. H. Floyd, L. R. Gary

THURSDAY, MARCH 20, 1969

2491

Geisinger Gignilliat Grahl Graves Gunter Hadaway
Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin McClatchey
McCracken Melton Merritt Miles

Milford Moore Morris Mullinax
Murphy Nash Nessmith
Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarborough Shannahan Simmons Sims Smith, J. R. Smith, V. T.
Sorrells
Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A.
Wilkerson Williams Wilson Winkles Wood

Voting in the negative was Mr. Pafford.

2492

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams Anderson Brooks Caldwell Crowe Dean, J. E. Dodson Ellis Ezzard Funk Gaynor

Hamilton Harris, R. W. Hood Jones, M. Lambert Maxwell McDaniell
Miller Moate Odom

Pickard Poole Russell Scarlett Shepherd Sherman Simkins
Snow Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed,. as amended.
HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th and others:
A Bill to be entitled an Act to amend an Act so as to authorize th* State Revenue Commissioner to furnish information from State tax re turns to counties and municipalities under certain conditions; and for other purposes.
The following substitute, offered by Mr. Marcus of the 105th, was read:
A BILL
To be entitled an Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., pg. 77-103), as amended, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of municipalities having a population of 400,000 or more according to the last Federal Decennial Census or any future such census to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; to provide for the payment of the costs of the furnishing of such information; to provide that such information so furnished shall retain its confidential nature in the hands of officials of such municipalities; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga.

THURSDAY, MARCH 20, 1969

2493

Laws 1937-38, Ex. Sess., pg. 77-103), as amended, is hereby amended by adding at the end of Section 12 a new paragraph to read as follows:

"Notwithstanding the provisions of this section, the Commis sioner shall, upon request, by resolution of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any future such census, furnish to the finance officer or taxing official of such municipalities any State tax returns including any State in come tax return or any pertinent tax information from said tax returns to be used by those officials in the discharge of their offi cial duties. Any information so furnished shall, in the hands of such local officials, retain their privileges and confidential nature to the same extent and under the same conditions as that informa tion is privileged and confidential in the hands of the State Revenue Commissioner. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing suchh informa tion. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal or county tax liability of the taxpayer."

Section 2. Should any provision of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Higginbotham of the 75th moved that the Bill be recommitted to the Committee on Local Affairs for further study.

The motion prevailed and HB 548 was recommitted to the Committee on Local Affairs.

HR 190-527. By Mr. Wamble of the 69th:
A Resolution authorizing the State Parks Department to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes.

2494

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton
Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss
Busbee Caldwell Carnes Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell
Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent

Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton

Knapp Knowlee Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miles Milford Miller Moore Morris Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves

Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd

THURSDAY, MARCH 20, 1969

2495

Sims Smith, J. R. Smith, V. T. Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn

Wamble Westlake Whaley Wheeler, J. A. Williams Wilson Wood

Those not voting were Messrs.:

Ballard Brantley, H. L. Gates Cato Crowe Dean, J. E. Ezzard Farmer Hale Hamilton Harris, J. R. Henderson

Hill, B. L. Hood Johnson Lane, W. J. Maxwell McDaniell Moate Mullinax Nessmith Pickard Poole Russell

Sherman Simmons Simkins Snow Sorrells Sweat Ware Wheeler, Bobby Wilkerson Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 160, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A Bill to be entitled an Act to amend the Building and Loan Act so as to provide for the definition of certain terms; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Adams Alexander Anderson Atherton

Barber Barfield Battle Bell

Bennett Berry Black Blalock

2496
Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E.
Dean, N.
DeLong
Dent
Dickinson
Dixon
Dodson,
Dorminy
Douglas
Edwards
Ellis
Evans
Ezzard
Farrar
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger

JOURNAL OF THE HOUSE,

Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles
Kreeger
Lambert
Lane, Dick
Lee, W. J. (Bill)
Lee, W. S.
Leonard
Le vitas
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
Melton
Merritt

Miles Miller Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Potts Reaves Roach Rowland Rush Salem Scarborough Shanahan Shepherd Sherman Simmons Simkins Sims Smith, J. R.
Smith, V. T.
Sweat
Thomason
Thompson, A. W
Thompson, R.
Toles
Vaughn
Wamble
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Wilson
Winkles
Wood

THURSDAY, MARCH 20, 1969

2497

Those not voting were Messrs.:

Ballard Brantley, H. H. Conner Crowe Egan Fallin Farmer Felton Hale Hamilton

Hill, B. L. Lane, W. J. McClatchey McDaniell Milford Moate Nessmith Phillips, L. L. Pickard Pinkston

Poole Rainey Ross Russell Scarlett Snow Sorrells Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 684. By Mr. Wamble of the 69th:
A Bill to he entitled an Act to authorize the creation, with the State Division of Conservation, an office to administer any funds available to the State pursuant to the United States "Land and Water Conserva tion Fund Act of 1965"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond
Bostick

Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Cole
Collier

Collins, S. Colwell Conger Connell Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent
Dickinson

2498
Dodson Dorminy Douglas Edwards Evans Ezzard Fallin Farrar Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M.

JOURNAL OF THE HOUSE,

Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A.

Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simmons Simkins Sims Smith, J. R. Smith, V. T. Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Voting in the negative were Messrs. Dixon and Sweat.

Those not voting were Messrs.:

Ballard Brantley, H. L. Caldwell Clarke Collins, M. Conner Crowe Egan Ellis Farmer Felton

Grahl Hale Hamilton
Harris, J. R. Howell Jordan, G. Lambert Miller Moate Nessmith Parker, H. W.

Pickard Poole Rainey Reaves Scarlett Snow Sorrells Vaughn Ware Mr. Speaker

THURSDAY, MARCH 20, 1969

2499

On the passage of the Bill, the ayes were 161, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Harris of the 77th requested that he be recorded as having voted for the passage of HB 684.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration and read:
HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th: A Bill to be entitled an Act to be known as the "Georgia Meat Inspec tion Act"; and for other purposes.
The following amendment was read and adopted:
Mr. Nessmith of the 44th moves to amend HB 524, as follows:
By inserting a comma between the words "chemical" and "food" where said words appear in Section 1, subparagraph (j) (2) (D).
By striking the word "and" where it appears in Section 3 between the words "purpose" and "examination" and inserting in lieu thereof the word "an".
By striking the words "prepared for intrastate commerce" where they appear in subsection (a) of Section 7 between the words "product" and "which".
By striking the words and comma ", in intrastate commerce," where they appear in subsection (d) of Section 7 between the words "cor poration" and "under".
By striking the words "for the purpose of intrastate commerce" where they appear in Section 9 between the words "described" and "to".
By inserting the word "or" between the words "transported" and "is" where they appear in subsection (a) of Section 23.
By striking the misspelled word "imprisionment" where it appears in Section 25 between the words "to" and "for" and inserting in lieu thereof the word "imprisonment".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

2500

JOURNAL OF THE HOUSE,

On the passage of. the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Ballard Barber Battle Bell Berry Black Blalock Bostick Bowen Brantley, H. H. Bray Brooks Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E, T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Dorminy Douglas Edwards Egan
Ellis Evans

Fallin Farrar Felton Floyd, L. R.
Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Harrison
Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton
Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey

Marcus
Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simmons Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat

THURSDAY, MARCH 20, 1969

2501

Thomason Thompson, A. W. Thompson, R. Toles Wamble

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A.

Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Anderson Barfield Bennett Bohannon Bond Brantley, H. L. Brown, B. D. Caldwell Crowe Dixon

Ezzard Farmer Floyd, J. H. Gaynor Hale Hamilton Harris, J. F. Lambert Matthews, C. Miller

Moate Parker, H. W. Pickard Poole Scarlett Snow Townsend Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the general order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 461. By Messrs. Westlake of the 75th, Barber of the 15th and Williams of the llth.
A Bill to be entitled an Act to amend an Act licensing driver training schools so as to provide for issuing a temporary instructor's license, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Brown, C. Busbee Colwell Cook

Davis, E. T. Davis, W. DeLong Dodson

Edwards Evans Floyd, L. R. Higginbotham

2502
Housley Joiner Jordan, G. Knapp

JOURNAL OF THE HOUSE,

Lowrey Melton Pafford Simkins

Westlake Williams Wilson

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Buck Burruss Carnes Gates Cato Chandler Clarke Cole Collins, M. Conger Cooper Dailey Dean, N. Dickinson Dixon Douglas Ellis Ezzard Fallin Farrar

Felton Gary Geisinger Gignilliat Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Holder Horton Howell Hudson Hutchinson Johnson Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Marcus Matthews, D. R. Mauldin McClatchey

Merritt
Miles Morris Mullinax Nessmith Nunn Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Simmons Smith, V. T. Sorrells Sweat Thomason Thompson, R. Toles Wamble Ware Whaley Wheeler, Bobby Wilkerson Winkles

Those not voting were Messrs.:

Alexander Bond Brantley, H. L. Bray Brooks Brown, B. D. Caldwell Collier

Collins, S. Connell Conner Crowe Daugherty Dean, J. E. Dent Dorminy

Egan Farmer Floyd, J. H. Funk Gaynor Gunter Hamilton Harrison

Henderson Hill, B. L. Hill, G. Hood Jones, C. M. Keen Lambert Lane, Dick Lewis Mason Matthews, C. Maxwell McCracken McDaniell

THURSDAY, MARCH 20, 1969

2503

Milford Miller Moate Moore Murphy Nash Northcutt Odom Paris Parker, H. W. Pickard Poole Potts Rainey

Scarlett Shepherd Sherman Sims Smith, J. R. Snow Thompson, A. W. Townsend Vaughn Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, the ayes were 23, nays 108.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Messrs. Lewis of the 37th and Parker of the 44th requested that they be recorded as having voted against the passage of HB 461.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference No. 3 thereon:

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HB 104
The Conference Committee on HB 104 reports as follows:

2504

JOURNAL OF THE HOUSE,

The Committee recommends that the Senate recede from its position as to tobacco tax and as to beer tax, and that the House and Senate agree as to the wine taxes as passed by both House and Senate.

Respectfully submitted,
FOR THE SENATE:
A. W. Holloway Senator, 12th District
M. J. Padgett Senator, 23rd District
Stanley E. Smith, Jr. Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
E. R. Lambert Representative, 25th District
Quimby Melton, Jr. Representative, 32nd District
Thomas B. Murphy Representative, 19th District

Mr. Melton of the 32nd moved that the report of the Committee of Con ference No. 3 on HB 104 be adopted.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Alexander Anderson Ballard Barber Bell Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, C. Buck Burruss

Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T.

Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Dorminy Edwards Egan Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R.

Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lane, Dick Lane, W. J.

THURSDAY, MARCH 20, 1969

2505

Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Phillips, W. R.

Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Shanahan Shepherd Sherman Simmons Simkins Sims Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those voting in the negative were Messrs.

Atherton Brown, B. D. Caldwell Hadaway Housley

Johnson Kreeger Leonard McDaniell Scarborough

Those not voting were Messrs.:

Barfield Battle Bennett Bo wen Bray Brooks Busbee Collins Crowe Dixon Douglas Ellis

Evans Funk Hale Hamilton Harris, R. W. Henderson Higginbotham Hutchinson Lambert Longino McClatchey Moate

Smith, J. R. Townsend Wilson
Odom Patterson Phillips, G. S. Pickard Pinkston Poole Scarlett Snow Sweat Mr. Speaker

2506

JOURNAL OF THE HOUSE,

On the motion to adopt, the ayes were 148, nays 13.

The motion prevailed, and the report of the Committee of Conference No. 3 on HB 104 was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 385. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; to define the term "State Authorities"; to provide for re imbursement of the Department of Law by State Authorities requesting legal services, including services requested in connection with the vali dation of any bonds issued or to be issued by such Authorities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. As used in this Act, the term "State Authorities" is de fined to mean the following instrumentalities of the State: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Markets), Georgia Building Authority (Penal), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, Georgia Ports Authority, State Toll Bridge Authority, Jekyll Island--State Park Authority, and Stone Mountain Memorial Association.
Section 2. The Attorney General is vested with complete and ex clusive authority and jurisdiction in all matters of law relating to State Authorities, and no such State Authority shall be authorized, without the approval of the Attorney General, to employ other counsel in any matter whatsoever. The Attorney General is authorized to designate and assign any Assistant Attorney General, Deputy Assistant Attorney General, Special Deputy Assistant Attorney General, or Attorney, to perform legal services for any such State Authority.

THURSDAY, MARCH 20, 1969

2507

Section 3. When the Attorney General shall assign any Assistant Attorney General, Deputy Assistant Attorney General, Special Deputy Assistant Attorney General, or Attorney, to perform specific legal serv ices requested by any State Authority, or legal services requested in connection with the validation of any bonds issued or to be issued by any State Authority, the State Authority requesting such services shall reimburse the Department of Law for such services as hereinafter provided.

Section 4. From time to time the Attorney General shall submit to the State Authority requesting legal services a statement of the ex penses of such legal services incurred by the Department of Law, such statements to include the names of the Assistant Attorneys General, Deputy Assistant Attorneys General, Special Deputy Assistant Attorneys General, or Attorneys performing such services, the items of legal serv ices performed, and the costs thereof. The State Authority is authorized to reimburse the Department of Law for such services and expenses. Provided, however, that the amount of such services and expenses shall have the advance approval of the Director of the State Authority re questing such services.

Section 5. This Act shall become effective on July 1, 1969.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Busbee of the 61st moved that the House agree to the Senate substitute.

On the motion, the ayes were 115, nays 3.

The motion prevailed, and the Senate substitute to HB 385 was agreed to.

The following Resolutions of the House were read and referred to the com mittees :

HR 360. By Messrs. Higginbotham of the 75th, Colwell of the 5th, Chandler of the 34th and Sims of the 106th:
A RESOLUTION
Creating the Juvenile Offenders Facilities Study Committee; and for other purposes.
WHEREAS, it has come to the attention of members of the House of Representatives that the property known as the old Veterans' Hos pital, formerly the United States Veterans' Hospital Number 48, lo-

2508

JOURNAL OP THE HOUSE,

cated on Peachtree Road in DeKalb County, Georgia has been declared surplus by the Federal Government; and

WHEREAS, said hospital is now under the jurisdiction of the General Services Administration; and

WHEREAS, the State of Georgia could use said facility to good advantage as a juvenile offenders correctional and educational institu tion; and

WHEREAS, said facility could be obtained by the State for educa tional, health or welfare purposes at no cost.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Juvenile Of fenders Facilities Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker there
of. Said Committee shall study all matters relating to the feasibility of the State of Georgia acquiring the old Veterans' Hospital on Peach-
tree Road in DeKalb County, Georgia for the purpose of using said facility as a juvenile offenders correctional and educational institution.

BE IT FURTHER RESOLVED that the members of said Com mittee shall be authorized to meet for such number of days as the Speaker of the House shall designate. Each member of said Committee shall re ceive the expense, mileage and travel allowances provided by law for members of legislative interim committees. Any funds necessary to car ry out this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its findings and recommendations on or before the day the 1970 regular session of the General Assembly is convened, on which date the Committee shall stand abolished.

Referred to the Committee on State Institutions and Property.
HR 364. By Mr. Levitas of the 77th:
A RESOLUTION
Creating the Department of Community Affairs Study Committee; and for other purposes.
WHEREAS, for the last several years the trend has been toward major shifts of the population within the boundaries of the State of Georgia; and

THURSDAY, MARCH 20, 1969

2509

WHEREAS, for the last several years, the population of the State has been radically increased due to the influx of residents from outside the boundaries of the State of Georgia; and

WHEREAS, it is anticipated that similar alterations and increases in the State's population shall continue at an accelerated rate in the future; and

WHEREAS, the aforementioned changes and anticipated changes create a multitude of new problems to which the State and the local governments, urban, suburban and rural, must address themselves; and

WHEREAS, to speedily and effectively consider and solve these urgent human, social and economic problems, the State and the local governments, communities and civic organizations will require pro fessional and technical direction and assistance; and

WHEREAS, the State has an obligation and responsibility to render this assistance to the communities; and

WHEREAS, in this present session of the General Assembly, House Bill 57 has been introduced which would create within State Government a department specifically designed to act in this manner.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Department of Community Affairs Study Committee", to be composed of five members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive investigation into the advisability of creating a Department of Community Affairs as a separate and dis tinct department of State government, and they shall specifically con duct a study of House Bill 57. The Committee shall be authorized to meet for a period not in excess of ten days. The Committee shall make a re port of its findings and recommendations to the 1970 Session of the Georgia General Assembly, at which time it s>.all stand abolished. The members of the Committee shall receive the compensation, per diem, ex penses and allowances authorized for legislative members of interim study committees.

Referred to the Committee on Local Affairs.

The following Resolution of the House was read and adopted:

HR 363. By Messrs. Lewis of the 37th, Smith of the 43rd, Floyd of the 7th, Holder of the 49th, Dixon of the 65th, Edwards of the 45th and Nessmith of the 44th:
A RESOLUTION
Expressing regret at the passing of Honorable Albert Sidney New ton; and for other purposes.

2510

JOURNAL OF THE HOUSE,

WHEREAS, on October 5, 1968, Honorable Albert Sidney Newton passed away; and

WHEREAS, he was one of the most respected and influential mem bers of the House of Representatives and was held in the highest esteem by all who knew him; and

WHEREAS, he was recognized as one of the most outstanding farmers and businessmen in the Southeast; and

WHEREAS, he served with great distinction as a member of the Appropriations, Rules and Agriculture Committees and as a member of the Markets and Marketing Subcommittee of the Agriculture Committee; and

WHEREAS, he was a member of the Georgia Senate for the 1961-62 term and a member of the House from 1963 until his passing; and

WHERSAS, he was a native of Jenkins County and was prominent in the civic, church and governmental affairs of his community and served as County Commissioner from 1941 until 1961; and

WHEREAS, his wise counsel and warm companionship will be sin cerely missed by the members of the General Assembly; and

WHEREAS, he is survived by his wife, Mrs. Edna Spell Newton, two daughters, Mrs. William Downey, III, and Mrs. Roland Summers, one son, Mr. John Cleveland Newton, and three sisters, Mrs. Leo Phillips, Sr., Mrs. Douglas Welch and Mrs. W. R. Bargeron.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their deepest regret at the passing of Honorable Albert Sidney Newton and do hereby further express their sincerest sympathy to the mem bers of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to Mrs. Edna Spell Newton, Mrs. William Downey, III, Mrs. Roland Summers, Mrs. John Cleveland Newton, Mrs. Leo Phillips, Sr., Mrs. Douglas Welch and Mrs. W. R. Bargeron.

The following Resolution of the House was read and referred to the Com mittee on Rules:

HR 361. By Messrs. Buck and Jones of the 84th:
A RESOLUTION
Designating Miss Georgia as the "Official Hostess for the State of Georgia"; and for other purposes.

THURSDAY, MARCH 20, 1969

2511

WHEREAS, Miss Georgia is elected annually at the Miss Georgia Pageant which is sponsored, produced and directed by the Miss Georgia Pageant Corporation; and

WHEREAS, the winner of the Miss Georgia Pageant represents and promotes the State of Georgia in various capacities by appearing on television, riding floats in parades, and welcoming tourists at the Georgia Welcome Centers; and

WHEREAS, the State of Georgia would benefit by officially desig nating the winner of the Miss Georgia Pageant each year as the "Of ficial Hostess for the State of Georgia".

BE IT FURTHER RESOLVED that the Official Hostess is hereby requested to represent the State of Georgia at State functions and on such other occasions as her services may be requested by the Tourist Division of the Department of Industry and Trade.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does hereby designate the win ner of the Miss Georgia Pageant each year as the "Official Hostess for the State of Georgia".

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to the Miss Georgia Pageant Cor poration.

The following Resolution of the House was read and adopted:
HR 362. By Speaker Geo. L. Smith II, and many, many others:
A RESOLUTION
Wishing Honorable Richard Brevard Russell, United States Senator from Georgia, a speedy recovery; and for other purposes.
WHEREAS, the members of the House of Representatives have been informed, much to their regret, that Honorable Richard Brevard Russell, United States Senator from Georgia, is seriously ill; and
WHEREAS, Senator Russell is recognized throughout the world as one of the greatest and most influential statesmen in the United States; and
WHEREAS, Senator Russell's vast experience in government, coupled with his mind of Jeffersonian depth and universality, has caused his advice to be sought, valued and heeded by Presidents of the United States and other government officials of the highest rank for the last three decades or more; and

2512

JOURNAL OF THE HOUSE,

WHEREAS, in recognition of his great ability, knowledge and dedication to his country, his colleagues in the United States Senate recently honored Senator Russell by electing him President Pro Tern of the Senate; and

WHEREAS, he has been instrumental in shaping the basic policy of this country for many years because of his sound judgment, remark able ability and profound influence in national and international affairs; and

WHEREAS, Senator Russell has never forgotten his native State of Georgia although his duties as a world statesman are constant, de manding and beyond the capabilities of most men, and he has repre sented his State in the United States Senate with more effectiveness and statesmanship than anyone in its history.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their profound sorrow that Senator Richard Brevard Russell is seriously ill and wish him a speedy and complete recovery and express their sincere hope that he will be able to resume the great responsibilities of his office at the earliest possible time.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to Honorable Richard Brevard Russell, United States Senator from Georgia.

IN HOUSE
Read and Adopted March 20, 1969
Glenn W. Ellard Clerk

The following Resolution of the House was read:

HR 354. By Mr. Busbee of the 61st.
A RESOLUTION
Amending the Rules of the House so as to add to the Standing Committees of the House a Committee on Retirement; and for other purposes.

THURSDAY, MARCH 20, 1969

2513

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 209 is amended as follows:

By adding after the following:

"26. Welfare."

the following:

"27. Retirement."

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S.

Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Edwards Egan Ellis Evans Ezzard Pallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hale Hargrett

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino

2514
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom

JOURNAL OP THE HOUSE,

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd

Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those not voting were Messrs.:

Crowe Dorminy Douglas Farmer Floyd, J. H.

Gunter Hamilton Jones, C. M. Lewis Poole

Snow Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution was adopted.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration and read:

HB 590. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults, and for other purposes.

THURSDAY, MARCH 20, 1969

2515

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act establishing Juvenile Courts, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
An Act establishing Juvenile Courts, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, is hereby amended by adding be tween Sections 19A and 20 a new Section to be numbered Section 19B and to read as follows:
"Section 19B. Right to bail.--All juveniles subject to the juris diction of the Juvenile Court, on application of the parent or guardian shall have the same right to bail as adults, and the Juvenile Court judge shall admit to bail all juveniles under his jurisdiction in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commis sion of crimes."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Ballard Barber Barfield Bennett Berry Bond Bostick Bowen Brooks Brown, B. D. Brown, C.

Buck Carnes Gates Clarke Cole Collier Collins, S. Connell Daugherty Davis, W. Dean, J. E. Dent Dorminy

Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Geisinger Grahl Harrington

2516
Harrison Hawes Higginbotham Hill, B. L. Hood Horton Hudson Jones, M. Jordan, G. Jordan, H. S. Knapp Knowles Leonard Longino

JOURNAL OF THE HOUSE,

Lowrey Matthews, C. Matthews, D. B. McClatchey Melton Merritt Miles Nunn Pafford Patterson Peterson Phillips, G. S. Phillips, W. R. Pinkston

Rainey Rowland Scarborough Sims Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Westlake Wilson Wilkerson

Those voting in the negative were Messrs.:

Adams Atherton Battle Bell Black Blalock Bray Burruss Cato Collins, M. Colwell Conger Cook Cooper Crowe Dailey Davis, E. T. Dean, N. DeLong Dickinson Douglas Edwards Fallin Gaynor Gignilliat Graves Gunter

Hargrett Harris, J. R. Harris, R. W. Hill, G. Holder Housley Hutchinson Johnson Joiner Jones, Herb Keen Keyton Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Marcus Mason Mauldin McCracken McDaniell Milford Moore Morris Mullinax

Murphy Nash Nessmith Northcutt Odom Paris Parker, C. A. Peters Reaves Roach Ross Rush Russell Salem Shanahan Shepherd Sherman Simkins Smith, J. R. Toles Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Bohannon Brantley, H. H. Brantley, H. L. Busbee Caldwell Chandler Conner

Dixon Dodson Funk Hadaway Hale Hamilton Harris, J. F.

Henderson Howell Jones, C. M. Lambert Lane, Dick Maxwell Miller

Moate Parker, H. W. Phillips, L. L. Pickard Poole

THURSDAY, MARCH 20, 1969

251T

Potts Scarlett Simmons Smith, V. T. Snow

Wamble Ware Mr. Speaker

On the adoption of the substitute, the ayes were 81, nays 80.

The substitute was adopted.

The report of the Committee, which was favorable to the passage of theBill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry Black Bond Bostick Brooks Brown, B. D. Brown, C. Buck
Carnes Gates Clarke Cole Collier Connell Conner Cook Dailey Daugherty Davis, W. Dean, J. E. Dean, N. DeLong

Dent Dorminy Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hood Horton Hudson

Johnson Joiner Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Levitas Longino Lowrey Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Merritt Miles Nunn Pafford Peterson Phillips Rainey Roach Rowland Salem Scarborough Shepherd Sherman

2518
Sims Smith, V. T. Sorrells Sweat Thomason

JOURNAL, OF THE HOUSE,

Thompson, A. W. Thompson, R. Townsend Vaughn Westlake

Wilkerson Williams Wilson

Those voting in the negative were Messrs.:

Atherton Bell Blalock Brantley, H. H. Bray Burruss Caldwell Cato Collins, M. Colwell Conger Cooper Davis, E. T. Dickinson Dodson Douglas Fallin Floyd, J. H. Graves Hill, G. Holder

Housley Hutchinson Knowles Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Mason Mauldin McCracken Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Paris Parker, C. A.

Patterson Peters Phillips, W. R. Pinkston Reaves Ross Rush
Russell Scarlett Shanahan Simkins Simmons Smith, J. R. Toles Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wood

Those not voting were Messrs.:

Bohannon Bo wen Brantley, H. L. Busbee Chandler Collins, S. Crowe Dixon Funk Gunter Hale

Hamilton Howell Jones, C. M, Jones, Herb Keyton Lambert Lane, Dick Marcus Maxwell Miller Moate

Odoni Parker, H. W. Phillips, L. L. Pickard Poole Potts Snow Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 102, nays 62.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, MARCH 20, 1969

2519

Mr. Phillips of the 38th requested that he be recorded as having voted for the passage of HB 590, by substitute.

Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 540. By Messrs. Matthews of the 63rd, Lane of the 44th and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act so as to provide that it shall be unlawful for any person to engage in certain demonstrations; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and provid ing for a new Criminal Code, approved April 10, 1968 (Ga. Laws 1968, p. 1249), so as to provide that it shall be unlawful for any person to intentionally or maliciously destroy, damage, deface or interfere with the use of certain property; to provide a penalty; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, ap proved April 10, 1968 (Ga. Laws 1968, p. 1249), is hereby amended by inserting at the end of Code Chapter 26-26, relating to disorderly con duct and related offenses, a new Code Section to be designated Code Sec tion 26-2615 and to read as follows:
"26-2615. It shall be unlawful for any person or persons to intentionally or maliciously destroy, damage, deface or interfere with the use of, or access to, any real or personal property owned by or under the jurisdiction or control of any public educational institution, or of any city, county or state govermental unit located within this state."

2520

JOURNAL OF THE HOUSE,
SECTION 2
Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor.
SECTION 3
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read:
Mr. Levitas of the 77th moves to amend the Committee substitute to HB 540 by striking in the quoted portion of Section 1 the words "per sonal" and "public" wherever they appear.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Atherton Ballard Barber Berry Black Blalock Bohannon Bond Brown, B. D. Buck Caldwell Carnes Gates Collier Collins, S. Conger Cook Cooper Dailey Daugherty Dean, N. DeLong

Dodson Edwards Egan Ezzard Farmer Farrar Floyd, L. R. Gary Geisinger Grahl Graves Hale Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Horton Hutchinson Johnson Joiner Jones, M.

Knapp Lee, W. J. (Bill) Levitas Longino Marcus McCracken Merritt Miller Mullinax Northcutt Nunn Pafford Peterson Phillips, L. L. Phillips, W. R. Potts Reaves Roach Russell Simmons Sweat Thomason Thompson, A. W.

THURSDAY, MARCH 20, 1969

2521

Thompson, R. Vaughn Wamble

Ware Wheeler, Bobby Wheeler, J. A.

Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams Anderson Barfield Bennett Bostick Bowen Brown, C. Cato Colwell Conner Davis, E. T. Dickinson Dorminy Douglas Fallin Felton Floyd, J. H. Gunter Hill, G. Holder Hood

Housley Hudson Jones, Herb Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, Dick Lee, W. S. Lewis Lowrey Mason Matthews, D. R. Mauldin Melton Miles Milford Moore Nash

Nessmith Odom Paris Parker, C. A Patterson
Peters Ross Rowland Rush Salem Scarborough Shepherd Sherman Simkins Smith, J. R.
Toles Townsend Westlake Whaley Wilkerson

Those not voting were Messrs:

Battle Bell Brantley, H. H. Brantley, H. L. Bray Brooks Burruss Busbee Chandler Clarke Cole Collins, M. Connell Crowe Davis, W. Dean, J. E. Dent Dixon Ellis

Evans Funk Gaynor Gignilliat Hadaway Hamilton Harrington Harris, J. F. Henderson Higginbotham Howell Jones, C. M. Keen Lane, W. J. Leonard Matthews, C. Maxwell McClatchey

McDaniell Moate Morris Murphy Parker, H. W. Phillips, G. S. Piekard Pinkston Poole Rainey Scarlett Shanahan Sims Smith, V. T. Snow Sorrells Winkles Mr. Speaker

On the adoption of the amendment, the ayes were 78, nays 62.

The amendment was adopted.

2522

JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Barber Battle Bell Black Blalock Bohannon Brantley, H. L. Bray Brooks Brown, C. Burruss Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Connell Conner Cook Cooper Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Fallin Farrar Felton Floyd, J. H.

Floyd, L. E. Gary
Geisinger Gignilliat Grahl Graves Gunter
Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, G. Holder Housley Howell Hudson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Mason Matthews, D. R.

Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Sherman Simkins Sims Smith, J. R. Smith, V. T. Sweat Thomason

Toles Townsend Vaughn Wamble Ware

THURSDAY, MARCH 20, 1969

2523

Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

Winkles Wilson Wood

Those voting in the negative were Messrs.:

Alexander Atherton Ballard Bond Brown, B. D. Buck Conger

Daugherty Dean, J. E. Dent Evans Ezzard Farmer Hill, B. L.

Horton Jones, M. Marcus Matthews, C. Phillips, W. R. Thompson, A. W. Williams, W. M.

Those not voting were Messrs.:

Barfield Bennett Berry Bostick Bowen Braritley, H. H. Busbee Caldwell Carnes Collins, M. Crowe Funk

Gaynor Hamilton Hawes Henderson Hood Hutchinson Jones, C. M. Lane, W. J. McClatchey Moate Odom Parker, H. W.

Phillips, G. S. Pickard Poole Scarlett Shanahan Shepherd Simmons Snow Sorrells Thompson, R. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 21.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th.
A Bill to be entitled an Act to provide for an associate judge of the city court in all counties having a population of not less than 135,000 nor more than 140,000, and for other purposes.

2524

JOURNAL OF THE HOUSE,

The following: amendments were read and adopted:

Mr. Connell of the 79th moves to amend HB 900 as follows:

By striking from Section 1 the following:

"for a term of office of four years and until his successor is duly appointed and qualified."

and substituting in lieu thereof the following:

"to serve until December 31, 1970.".

Mr. DeLong of the 80th moves to amend HB 900 as follows:

By striking the last sentence of Section 1 in its entirety and insert ing in lieu thereof one sentence to read as follows:

"Such associate judge shall receive the amount of thirty dol lars ($30.00) for each day of presiding as herein provided; said compensation shall be paid from the funds of the counties in which such courts are located.".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 108, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 703. By Mr. Maxwell of the 78th.
A Bill to be entitled an Act to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to permit a corresponding reduction in the amount of any bond required of any fiduciary, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

THURSDAY, MARCH 20, 1969

2525

The Bill, having received the requisite constitutional majority, was passed.

HE 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th: A Bill to be entitled an Act to create a State Building Administrative Board, and for other purposes.
The following amendment was read and adopted:
Mr. Lee of the 61st moves to amend HB 905 as follows:
By adding a new sentence at the end of the first paragraph of Section 5 to read as follows:
"The Board shall establish a task force composed of members of the trades and industries affected by each code to advise the Board in the preparation and adoption of each such code and amend ments thereto.", and
By striking the word "craftsmen" in the first sentence of Section 7 and inserting in lieu thereof the following:
"persons engaged in the installation, alteration and repair of plumbing, air conditioning and heating, or electrical systems".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Bohannon Bond Brantley, H. H. Bray

Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes
Gates Cato Chandler Clarke Cole Collier Collins, S.

Conger Connell Conner Cook Cooper Crowe Dailey Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dorminy

2526
Douglas Edwards Evans Ezzard Fallin Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Hargrett Harrington Harris, R. W. Harrison Hawes Henderson Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp

JOURNAL OF THE HOUSE,

Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Longino
Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R.

Potts Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Weeeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs:

Barfield Bennett Blalock Bostick Bo wen Brantley, H. L. Caldwell Collins, M. Colwell Daugherty Davis Dixon Dodson Egan Ellis Farmer Farrar

Funk Grahl Gunter Hadaway Hale Hamilton Harris, J. F. Harris, J. R. Higginbotham Hill, B. L. Keen Knowles Lane, W. J. Levitas Lewis Matthews, C. Matthews, D. R.

Miller Moate Northcutt Pafford Phillips, G. S. Pickard Pinkston Poole Rainey Reaves Scarlett Sweat Townsend Vaughn Mr. Speaker

THURSDAY, MARCH 20, 1969

2527

On the passage of the Bill, as amended, the ayes were 146, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker Pro Tern assumed the Chair.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 667. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act changing the method of compensating the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.

The following Senate amendment was read:
County and Urban Affairs Committee offers to amend HB 667, as follows:
By striking from Section 2 the following: "eighty-four hundred ($8,400.00)" and "seven hundred ($700.00)" and inserting in lieu there of the following: "nine thousand six hundred ($9,600.00)" and "eight hundred ($800.00)" respectively.

Mr. Anderson of the 49th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 667 was agreed to.
HB 670. By Messrs, Anderson and Holder of the 49th: A Bill to be entitled an Act to change the method of compensating1 the Ordinary of Telfair County, from the fee and salary systems to the salary system exclusively; and for other purposes.

2528

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

County and Urban Affairs Committee offers to amend HB 670 as follows:

By striking from Section 2 the following: "eighty-four hundred ($8,400.00)" and "seven hundred ($700.00)" and inserting in lieu there of the following: "nine thousand six hundred ($9,600.00)" and "eight hundred ($800.00)" respectively.

Mr. Holder of the 49th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 670 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 906. By Messrs. Williams, Wood and Cooper of the llth:
A Bill to be entitled an Act to amend an Act creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 307-904. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of a certain tract of land located in Baldwin County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, MARCH 20, 1969

2529

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherson Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Evans Ezzard

Pallin Farmer Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gig-nilliat Grahl Graves Gunter Hadaway Harrintgon Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Leet, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Marcus Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nunn Odom Pafford Paris Parker, C. A. Patter son Peters Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Toles Townsend Wamble

2530
Ware Westlake Whaley Wheeler, Bobby

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Wheeler, J. A. Wilkerson Williams Wilson

Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Brantley, H. L. Brooks Caldwell Clarke Connell DeLong Ellis Farrar

Funk Hale Hamilton Hargrett Harris, J. R. Jones, C. M. Lane, W. J. Lowrey Nessmith Northcutt Parker, H. W, Peterson

Phillips, G. S. Pickard Pinkston Poole Scarlett Sorrells Thomason Thompson, A. W. Thompson, R. Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 160, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 999. By Mr. Lee of the 61st:
A Bill to be entitled an Act to create the Police and Evaluation Com mittee for Electronic Data Processing; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry

Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C.

Buck Burruss Busbee Caldwell Games Gates Cato Clarke Cole

Collier Collins, M. Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Evans Ezzard Tallin Felton Floyd, L. R. Gary Gay nor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood

THURSDAY, MARCH 20, 1969

2531

Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Murphy Nash Nessmith Northcutt Nunn Odom

Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Sfiepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Blalock Bostick Bowen Chandler

Collins, S. Colwell DeLong Ellis Farmer Farrar

Floyd, J. H. Funk Hadaway Hale Hamilton Harris, J. R.

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Jones, C. M. Jones, M. Longino McCracken Mullinax Pafford

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Phillips, G. S. Pickard Pinkston Poole Scarlett Simkins

Thomason Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 998. By Messrs. Moate of the 28th, Conger of the 68th, Parker of the 44th, Townsend of the 115th, Mason of the 13th, Lambert of the 25th and Potts of the 30th:
A Bill to be entitled an Act to create a State Racing Commission; and for other purposes.
The following substitute, offered by Messrs, Moate of the 28th, Conger of the 68th and Townsend of the 115th, was read and adopted:
A BILL
To be entitled an Act to create a State Racing Commission; to pro vide for the appointment, qualifications, powers, duties, oath of office and bond of the members of the commission; to provide for a quorum; to provide for rules and regulations; to provide the procedure for ap plying for a license to conduct race meetings; to provide for the records of the State Racing Commission; to provide for the inspection of such records; to provide for the compensation of the members and employees of the commission; to provide for charity racing days; to provide for the time for filing an application for a permit to conduct race meetings ; to provide for an election to authorize pari-mutuel wagering in the various counties; to provide for the procedures for conducting such election; to provide for the cancellation of a permit to conduct race meetings; to provide for the daily license fee for harness racing; to provide for the issuance of licenses by the State Racing Commission; to provide for the revocation of licenses; to provide for penalties in lieu of revoking licenses; to provide that the State Racing Commission shall fix the length of the racing season at each horse racing and dog racing track; to provide for periods of operations by owners of valid outstanding dog racing permits; to provide that no racing shall be conducted on Sunday; to provide for the tax commission, breakage, admissions and occupational license tax; to provide how moneys are to be paid to the commission for the operation of race-tracks; to provide that the occupational license tax shall be paid by employees; to provide for the denial and revocation of licenses; to provide that the tax imposed by this Act shall be in lieu of all other taxes except municipal taxes; to provide for the method of bookkeeping; to provide for the sale of

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tickets; to authorize the sale of pari-mutuel tickets within the track enclosure; to provide for commissions and breaks; to provide for the daily license fee on certain pari-mutuel pools; to provide for the daily operational cost allowance to dog tracks; to provide for the daily license fee for dog racing; to provide for the escheat to the State of the abandoned interest in or contribution to pari-mutuel pools; to re quire proof of referendum before the issuance of any licenses; to prohibit certain persons from holding racing permits; to provide for the suspension or revocation of permits; to provide that permits shall not be assignable; to provide that all laws inconsistent with this Act are inapplicable; to provide penalties for conniving to prearrange the result of a horse or dog race by stimulating or depressing drugs; to provide the penalty for conducting unauthorized race meetings; to provide for the levy of a "breaks" tax; to require the employment of residents; to provide penalties for obtaining feed for race horses and dogs with intent to defraud; to authorize the State Racing Commission to reallocate or reassign racing dates; to provide for quarter horse races by nonprofit agricultural cooperative associations; to provide that it shall be unlaw ful to transmit racing information for illegal gambling purposes; to provide for the use of electronic transmitting equipment; to require a permit by the commission for the installation of certain electronic fa cilities; to provide for an award to the breeder of Georgia-bred horses; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. State Racing Commission; creation; members -- (a) There is hereby created and established the State Racing Com mission which shall be vested with the powers and duties specified in this Act and all other powers necessary and proper to enable it to ex ecute fully and effectually all of the purposes of this Act. The com mission shall initially consist of five persons. The first five members of the commission shall be elected as hereinafter provided by the mem bers of the General Assembly from the first, second, fifth, sixth and tenth congressional districts, meeting in caucus at the State Capitol within thirty days after this Act becomes law, upon the joint call of the President of the Senate and the Speaker of the House of Representa tives. The first five members of the commission shall serve until De cember 31, 1972. The General Assembly at its regular session in 1972 shall elect five additional members of the commission from the third, fourth, seventh, eighth, and ninth congerssional districts and also elect successors to the five members of the commission whose terms of office expire December 31, 1972. Beginning January 1, 1973, the commission shall consist of ten members, one from each congressional district in the State, who shall be elected as provided herein and who shall serve for terms of office of four years each and until their successors are elected and qualified. The members of the commission from each such congressional district shall be elected by a majority vote of the members of the Senate and House of Representatives from the senatorial and representative districts, embraced or partly embraced within such con gressional district, meeting in caucus. Said caucus shall be called at the State Capitol by the President of the Senate and the Speaker of the House of Representatives within the first ten days of the convening of the General Assembly in regular session. Written notice thereof

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shall be mailed to members of the General Assembly effective at least four days prior to the date of the caucus, which notice shall state the time, place, and purpose of said caucus. Within fifteen days after each such election, the President of the Senate and the Speaker of the House of Representatives shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt thereof shall immediately issue his commission thereon. Elections of members to the board shall be conducted at the regular session of the General Assembly immediately preceding the expiration of the terms of members of the commission. In the event any term shall expire during any regular session of the General Assembly, such vacancy shall be filled by the General Assembly then in session in the manner herein provided for the unexpired term. In the event any term shall expire when the General Assembly is not in session, such vacancy shall be filled by the General Assembly at its next regular session in the manner provided herein for the unexpired term. All members of the commission shall hold office until their successors are duly elected and qualified.
(b) The members of the commission shall be qualified electors not less than twenty-five years of age, who shall have resided in the State for five years next preceding their appointment. The commissioners shall select from among their number a chairman and secretary. The State Treasurer shall be ex-officio treasurer of the commission and the Attorney General shall be its official attorney. The secretary shall keep a record of all proceedings of the commission and shall preserve all books, maps, documents, papers, and records entrusted to its care. The commission shall annually make a full report to the General Assembly and the Governor. A majority of the commission shall constitute a quorum for all purposes.
(c) The commission may employ such assistants and employees as may be necessary at such compensation as the commission may prescribe.
(d) Each commissioner shall take the constitutional oath of office and shall give bond to the Governor of the State with personal or corpo rate surety to be approved by the treasurer in the amount of $5,000.00, conditioned that he will faithfully and honestly perform the duties of his office. The premium on the bond shall be paid by the commission. The State Racing Commission shall maintain an office in Atlanta and such branch offices as may be necessary. No person having been con nected, either directly or indirectly, with any racetrack or meet held in the State within the past three years, or having been employed by any owner or operator of any racetrack in the State within the past three years, shall be eligible to hold the office of State Racing Com missioner.
Section 2. Powers and duties of the State Racing Commission.-- The State Racing Commission shall carry out the provisions of this Act and the commission shall personally or by agents supervise and check the making of pari-mutuel pools and the distribution therefrom, and:
(a) Fix and set the dates for racing in any county where there are one or more horse tracks or one or more dog tracks seeking to race and holding ratified permits upon which any track can operate in any county; provided, however, that no horse tracks licensed to engage in the conduct of running races located within seventy-five air miles of

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2535

each other shall operate on the same date. A track licensed to engage in the conduct of harness races located within seventy-five air miles of another permittee or licensee authorized to conduct either harness races or running races may engage in the conduct of harness races in the discretion of the commission on the same dates awarded to a permittee or licensee conducting running races.

(b) Make an annual report to the General Assembly and the Governor showing its own actions, receipts derived under the provisions of this Act, the practical effects of the application of this Act and any suggestions it may approve for the more effectual accomplishments of the purposes of this Act.

(c) Require an oath to each and every application by the person or executive officer of the association or corporation, stating that such information contained in the application is true.

(d) Make rules and regulations for the control, supervision, and direction of all applicants, permittees, and licensees, and for the holding, conducting, and operating all racetracks, race meets, races held in this State; provided, such rules and regulations shall be uniform in their application and effect, and the duty of exercising this control and power is made mandatory upon such commission. Said commission may take testimony concerning any matter within its jurisdiction and each, member thereof may administer oaths for that purpose. Said commission shall have the power to issue summons and subpoenas for any witness and subpoenas duces tecum in connection with any matter within the jurisdiction of the commission under its seal and signed by any member of the commission or the Supervisor or Assistant Supervisor of Racing.

(e) Require of each applicant an application setting forth:

(1) The full name of the person, association or corporaion, and if a corporation the name of the state under which the same is incorpo rated.

(2) If an association or corporation, the nationality and residence of the members of the association and the names of the stockholders and directors of the corporation.

(3) The exact location where it is desired to conduct or hold a race meeting.
(4) Whether or not the racing plant is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, of the directors and stockholders thereof; provided, however, that nothing in this Act shall prevent a person from applying to the State Racing Commission for a permit to conduct races, regardless of whether the racing plant has been constructed or not.
(5) A statement of the assets and liabilities of the person making such application.

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(6) The kind of racing to be conducted and the desired period.

(7) Such other information as the commission may require.

(f) Require of each applicant a deposit of $25,000.00 in currency or by cheek certified by a bank licensed to do business in the State with the racing commission.

(g) Upon receipt of such application and any amendments properly made thereto, the State Racing Commission shall further investigate the matters contained in the application and if any applicant shall duly fulfill and meet all requirements, conditions, and qualifications set forth in this Act and the rules and regulations of the State Racing Commission hereunder, then the State Racing Commission shall grant the permit to such qualified applicant as hereinabove provided.
(h) In the event the State Racing Commission shall refuse to grant the permit, then the money deposited with the State Racing Commission shall be refunded to the applicant. In the event the State Racing Commission shall grant the permit applied for, the money shall be re funded only if the terms of Section 8 are complied with.

(i) Each licensed thoroughbred running track in the State shall be required to run an average of one race per racing day in which horses bred in Georgia and duly registered with the Georgia Thoroughbred Breeders' Association shall have preference as entries over non-Georgiabreds, and to require all licensed thoroughbred racetracks to write the conditions for such races in which Georgia-breds are preferred so as to assure that all Georgia-bred horses available for racing at such tracks be given full opportunity to run in the class races for which they are qualified, said opportunity of running to be afforded to each class of horses in proportion that the number of horses in this class bears to the total number of Georgia-breds available; and provided that no track shall be required to write conditions for a race to accommodate a class of horses for which a race would otherwise not be run at such track during its meeting.

Section 3, Records of State Racing Commission, open for inspec tion; penalty.-- (a) All books, records, maps, documents and papers of the State Racing Commission, including those filed with said commis sion as well as those prepared by or for it, shall at all times be open for the personal inspection of any officer of the State or of any county of Georgia, or of any official investigative body or committee, and no person having charge or custody thereof shall refuse this privilege to any such officer or investigative body or committee.
(b) Any member or employee of the State Racing Commission who violates subsection (a) of this Section shall be deemed guilty of a misdemeanor and shall be fined not more than $100.00 or imprisoned not exceeding three months. Any member of said commission who vio lates said subsection (a) shall also be deemed guilty of malfeasance and shall be subject to removal from office.

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Section 4. Compensation of members and employees; charity racing days.-- (a) The compensation of each member of the State Racing Com mission shall be $1,800.00 annually, plus actual expenses and a mileage allowance at the rate of ten cents a mile or a travel allowance of actual transportation expenses if traveling by public carrier when on official business for the commission. The chairman of the commission shall receive an additional $1,800.00 per annum, and the secretary of the commission shall receive an additional $2,400.00 per annum.

(b) No money shall be paid out by the treasurer for salaries or expenses of the commission except upon voucher of the commission signed by the chairman and countersigned by the secretary, which vouch er shall exhibit in detail the items for which the money is paid. Further more, no salaries shall start until at least one authorized track has commenced operations.
(c) The State Racing Commission may extend the time for horse or dog racing not to exceed two days at any one track beyond the period fixed by the commission so that any such track may conduct a charity day of racing for any one or more recognized and established charitable institutions located within seventy-five miles road travel of the racetrack holding such charity day of racing. A portion of the proceeds available for the charitable purposes in an amount not less than twenty-five percent may be paid over to and for the benefit of said charitable institutions of higher learning in said areas. The total of all profits derived from the operation of such racing on such charity day including all moneys which would otherwise be received by the State Racing Commission as taxes for such day's operation shall be and become a part of the charity trust fund for which such racing on such days is conducted.
(d) In determining profits derived from such racing on such charity day, which profits shall include all taxes payable to the State or any agency thereof for such day's operations without the initial expense of operational allowance provided by law for dog tracks, said tracks shall only be entitled to deduct from the profits accruing from all receipts on such charity day of racing their actual operating costs, which costs shall be those expenses incurred by the racetrack solely by reason of holding said charity day of racing and shall not be deemed to include such expenses constant from day to day and which would have been incurred had the race on that day not been held, including, but not limited to, such items as capital expenditures, interest on debts, real estate taxes and annual license fees, donations, bad debts, and such other items of daily or prorated expense as the State Racing Com mission may by rule prescribe.
Section 5. Race meetings authorized; restrictions.-- Any person desiring to operate a racetrack in this State may, subject to the provisions of this Act, hold and conduct one or more race meetings at such track each year. No racing shall be permitted on Sunday, and no minors shall be permitted to purchase a pari-mutuel wagering ticket and no minors except jockey apprentices, exercise boys and grooms shall be employed in any manner by the track; provided, however, nothing in this Act shall be construed to prohibit the use of any dog racing plant or facility, for the conducting of "hound dog

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derbies" or "mutt derbies", from being used on one Sunday during each racing season by any charitable, civic or nonprofit organization for the purpose of conducting "hound dog derbies" or "mutt derbies" where only dogs other than those usually used in dog racing (greyhounds) are per mitted to race and where adults and minors may participate as dog owners or spectators; and provided further, that during such racing events betting and gambling and the sale or use of alcoholic beverages shall be strictly and absolutely prohibited.

Section 6. Application for permit to conduct race meetings.--Be tween the first day of June and the first day of July of each year, but at no other time, any person possessing the qualifications prescribed in this Act shall apply to the commission for a permit to conduct race meetings and racing under this Act. No application thus received by the commission shall be amended after August 10th of each year; and on or before the 15th day of August, but not thereafter, of each year, after receipt of any application, the commission shall convene to con sider and act upon permits applied for, and all applications not definite ly acted upon by the commission on or prior to the 15th day of August of each year shall be void.

Upon all applications filed and approved a permit shall be issued to the applicant setting forth the name, the location of the racetrack, the kind of racing desired to be conducted and a statement showing qualifications of the applicant to conduct racing at said track under this Act; provided, however, no permit shall be effectual to authorize any race until pari-mutuel racing is ratified by a majority of the electors in the county in which the applicant proposes to conduct racing; and provided further, that no application shall be considered and no permit shall be issued by the State Racing Commission to conduct the same kind of races, namely, running horse races, harness horse races or dog races at a location within twenty-five miles of another location for which a permit has been issued and a racing plant located, said distance to be measured on a straight line from the nearest property line of one racing plant to the nearest property line of the other racing plant.

Section 7. Elections for ratification of pari-mutuel tracks.--The ordinary of the county designated, upon the presentation to said ordinary of a written application, accompanied by a certified copy of the prepared permit granted by the State Racing Commission, and asking for an election in the county in which said application was made, shall order an election in said county for the approval or disapproval of a parimutuel track(s) in said county. No election on this subject shall be called more often than once every two years.

All elections ordered under this Act shall be held at the time of the regular general election in November of each even-numbered year. The ordinary shall canvass the returns, declare the results, and cause the same to be recorded as provided in the general law concerning elections so far as applicable.

Section 8. Cancellation of permit to conduct race meeting.--Where the holder of a permit issued pursuant to law, for the conduct of horse or dog race meetings has failed to construct a track suitable to conduct such race meetings within one year from the date on which such permit

THURSDAY, MARCH 20, 1969

2539

was issued, then such permit shall be void and the State Racing Com mission may cancel such permit without notice to the holder thereof and retain the $25,000.00 deposit.

Section 9. Harness racing; daily license fee.-- (a) Any duly li censed horse racetrack having an average daily pari-mutuel pool of less than $100,000.00 per day shall, in lieu of the payment of the taxes imposed upon such tracks as now provided by law, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee, which fee shall be determined from the following schedule:

Up to $50,000.00 per day _...____....___.___.___....._........_..______._._.$1,000.00 per day

Over $50,000.00 per day but not exceeding $75,000.00 per day __..__......__...._.....___._....................._.....$3,000.00 per day

Over $75,000.00 per day but not exceeding

$100,000.00 per day

,,,,,,_,,_____,,________ $5,000.00 per day

which shall be deposited with the State Treasurer to the credit of the general revenue fund of the State.

Section 10. Issuance of license by State Racing Commission; revocation of license; penalty in lieu thereof.--After a permit has been granted by the commission, the State Racing Commisssion shall grant to the lawful holder of such permit, subject to the conditions hereof, a license to conduct racing under this Act, and fix annually the time, place and number of days during which racing may be conducted by such permit holder at the location fixed in said permit and ratified in said election. After the first license has been issued to the holder of a rati fied permit for racing in any county, all subsequent annual applications for a license by said ratified permit holder shall be accompanied by proof in such form as the commission may require, that the ratified permit holder still possesses all the qualifications prescribed by this Act. The State Racing Commission may revoke any permit or license hereunder upon the willful violation by the licensee of any of the provisions of this Act, or of any rule or regulation issued by the commission under the provisions of this Act. In lieu of the suspension or revocation of licenses the State Racing Commission after notice and hearing may impose a civil penalty against any licensee for violations of this Act, or any rule or regulation promulgated by the commission. No penalty so imposed shall exceed $1,000.00 for each count or separate offense and all penal ties imposed and collected shall be deposited with the State Treasurer to the credit of the general revenue fund. It is unlawful for any licensee under this Act, directly or indirectly, to make any contribution whatso ever to any political party or to any candidate for any state, county, district or municipal office; and the commission upon proof of any con tribution having been made shall immediately revoke the permit of such licensee and no further license or permit shall be issued thereafter to such former licensee.
Section 11. Length of race meeting.--The State Racing Commission shall fix the length of the racing season at each horse racing and dog racing track located in this State between December 1 and December

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31 of each year for the following year. Provided, the State Racing Com mission is authorized to grant two additional days of racing during the race meeting period granted to any track by the commission, upon appli cation and agreement by any track in which two specific days of any meet shall be set aside, and all profits, less actual operating costs, from such specific days' operations of such track including all taxes payable to the State or any agency therefor for such days' operation shall be paid into the State Treasury for a scholarship trust fund which shall be administered by the board of control of the institutions of higher learn ing of the State for the granting of scholarships for the purpose of attending the institutions of higher learning of the State upon such terms and conditions as the said board may from time to time prescribe. Actual operating costs of any track conducting such additional days of racing to be deducted from all receipts on such additional days of racing shall not include expenses constant from day to day and which would have been incurred had the race on that day not been held; including, but not limited to, such items as capital expenditures; interests on debts; real estate taxes and annual license fees; donations; bad debts; and such other items of daily or prorated expense as the State Racing Com mission may by rule prescribe.

Section 12. Dog racing; periods of operation generally; excep tions.--Owners of valid outstanding permits for dog racing in this State may hold race meetings at any time they choose during the dog racing seasons for the aggregate number of racing days fixed by the State Racing Commission; provided, that no racing shall be conducted on Sun day.

Section 13. Thoroughbred racing; tax; commission; breakage; ad missions and occupational license tax.--(a) Each licensee conducting a horse race meeting shall pay a tax equal to 7% percent of the total contributions to all pari-mutuel pools there conducted and made on any and every horse race, 5 percent of which tax shall be paid to the State Treasurer in his capacity as ex-officio treasurer of the commission and 2% percent to the county where the track is located.
(b) The commission on a pari-mutuel pool on every horse race which may be withheld by the licensee and the State from the total con tribution shall in no event exceed 15 percent of the amount contributed thereto, which commission shall include the 1% percent tax hereinabove provided for.
(c) The proceeds of the breakage tax which are paid into the Geor gia racing promotion trust fund shall be allocated by the commission so as to provide for the supplementing and augmenting of the purses and prizes for the current year's overnight races, the current year's stake races and for the payment of breeders' awards as provided in Section 37, and for no other purpose.
(d) In addition to the foregoing taxes, each licensee shall also pay the tax on admissions as provided for in Section 15 which tax revenues shall be distributed as provided in subsection (a).
Section 14. Minimum purse per race.--A permit holder licensed

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2541

to conduct a summer thoroughbred horse race meeting shall pay a minimum purse for each race conducted by it of not less than $2,500.00 and shall distribute in total purse money during its meet not less than 20 percent more than its daily minimum purse requirement. Such permit holders by application for and acceptance of a license for a summer race meeting shall be deemed to have agreed as a condition of the grant thereof that such minimum purses will be paid.

Section 15. Additional moneys to be paid for operation of race track.--In addition to the aforesaid tax of 7% percent, each person au thorized to conduct race meetings under this Act shall collect from each person attending such races 15 percent of the established admission price or the sum of 10 cents from each person attending such race meeting, whichever sum is the greater, as an admission tax, and said person shall pay to the State Treasurer as ex-officio treasurer of the commission the tax hereinabove provided for. Payments shall be made every 7th day of any and every race meeting and shall be accompanied by a report under oath, showing the total of all contributions and admissions on the races covered by such report and such other information as the commission may require.

If any free passes or complimentary cards shall be issued to guests by any licensee, the licensee of any such track shall pay to the commis sion the same tax upon such complimentary admission cards each time they are used for admission to the track as though such complimentary passes or cards had been sold at the regular and usual admission rate; provided that the person conducting any race meeting in this State may issue tickets for admission, showing the amount of admission and the amount of tax to be paid by each person; however, this provision shall not be construed to mean that the association will not be held liable for the payment of the admission tax to the State Treasurer as ex-officio treasurer of the State Racing Commission; provided, however, that a racetrack permit holder may, by and with the consent of the commission, issue tax-free passes to its officers, officials and employees or other per sons actually engaged in working at such racetrack, including persons actually employed and accredited press representatives, such as reporters and editors, and may also issue tax-free passes and tax-free box seats to other racing plant permit holders. A list of all persons to whom taxfree passes or tax-free box seats are issued shall be filed with the commission.
Section 16. Occupational license tax to be paid by employees; denial and revocation of license.--(a) All persons connected with racetracks shall pay an annual occupational license tax, this occupational tax to be payable for each specified job performed. The scheduled license fees are as follows:
(1) Contractual concessionaires with permit holders, $25.00.
(2) Professional persons such as owners, trainers, veterinari ans, doctors, nurses, officials and supervisors of all departments, $10.00.
(3) Jockeys, apprentice jockeys, and jockey agents, $5.00.

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(4) Permit holder employees, concession employees, grooms, exercise boys, hot walkers, miscellaneous stable help, platers and all others not specifically provided, $4.00.

(b) It is unlawful for any person to take part in or officiate in any way or to serve in any capacity at any racetrack without first having secured said license and paid said occupational tax.

This Section shall not apply to any men disabled to a degree not less than 10 percent as administered by the Veterans Administration of the federal government when such men were disabled in any war or hos tilities of which the United States was a participant.

(c) Every racetrack operating in the State and having a license from the State Racing Commission shall be required to employ at least 85 percent of their employees from bona fide residents and citizens of the State, exclusive of jockeys or apprentices, exercise boys, owners, trainers, dockers, mutuel employees, and governing and managing of ficials and heads of the departments of the track.

(d) (1) The commission may deny or revoke a license to any person who shall have been refused a license by any other state racing commission or racing authority; provided, however, that the state racing commission or racing authority of such other state ex tends to the State Racing Commission of Georgia reciprocal courtesy to maintain the disciplinary control.

(2) The State Racing Commission may deny or revoke any license where the holder thereof has violated the rules and regula tions of the commission governing the conduct of persons connected with the racetracks.

Section 17. Tax imposed to be in lieu of other taxes, except city.-- The tax imposed by Section 16 shall be in lieu of all license, exercise or occupational taxes to the State or any county, city, town or other po litical subdivision thereof, except that when any race meeting is held or conducted in any incorporated city or town, such city or town may assess and collect an additional tax against any person conducting racing within its corporate limits not to exceed $150.00 per day for horse racing and not to exceed $50.00 per day for dog racing; and except as herein provided, no incorporated city or town shall by ordinance or resolution enacted after the effective date of this Act, assess or collect any addi tional excise or revenue tax against any person conducting race meet ings within the corporate limits of such city or town or against any
patron of any such person.

Section 18. Method of bookkeeping prescribed.--

Every person conducting race meetings under this Act shall so keep books and records as to clearly show the total number of admis sions and the total amount of money contributed to every pari-mutuel pool on each race separately and the amount of money received daily from admission fees, and within sixty days after the conclusion of every race meeting shall submit to the commission a complete audit of its ac-

THURSDAY, MARCH 20, 1969

2543

counts, certified by a public accountant licensed to practice in the State, and in addition, every person conducing race meetings under this Act shall submit to the commission a detailed annual audit. The State Auditor may audit and check the books and records of any such person and upon the request of the commission he shall do so.

Section 19. Pari-mutuel pool authorized within track enclosure; commissions and breaks.-- (a) The sale of tickets or other evidences showing an interest in or a contribution to a pari-mutuel pool is hereby permitted within the enclosure of any horse racetrack and dog racetrack licensed and conducted under this law, but not elsewhere in this State. The sale and purchase of tickets or other evidences showing an interest in or a contribution to pari-mutuel pools in this State shall be under the supervision of the State Racing Commission and shall be done subject to such regulations as the commission shall from time to time prescribe.

(b) The commission on a pari-mutuel pool on every horse race which may be withheld by the licensee and the State from the total con tributions made to such pari-mutuel pool shall in no event exceed 15 percent of the amount contributed thereto, and the commission on a parimutuel pool on every dog race which may be withheld by the licensee and the State from the total contributions made to such pari-mutuel pool shall in no event exceed 15 percent of the amounts contributed thereto.

(c) After deducting a commission or license and the "breaks" (here inafter defined), a pari-mutuel pool shall be redistributed to the con tributors.
(d) Redistributions of funds otherwise distributable to the con tributors of a pari-mutuel pool shall be a sum equal to the next lowest multiple of five when on horse races and a sum equal to the next lowest multiple of ten when on dog races.
(e) No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the "breaks".
(f) The "breaks" shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commis sions and sums redistributed to the contributors.
(g) No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a parimutuel pool for another for hire or for any gratuity and no person shall purchase any part of a pari-mutuel pool through another, wherein he gives or pays directly or indirectly such other persons anything of value and any person violating this Section shall be deemed guilty of a mis demeanor.
(h) Any willful or wanton failure by any licensee to make payment into the State Treasury as required by law shall constitute sufficient ground for the State Racing Commission to revoke the permit of such licensee and no further license or permit shall be issued to such former licensee.

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JOURNAL OF THE HOUSE,

Section 20. Pari-mutuel pools of less than $400,000.00 daily; li cense fee.--Any duly licensed horse (running) racetrack having an aver age daily pari-mutuel pool of less than $400,000.00 per day for the pre ceding racing season shall, in lieu of the payment of the 7% percent paid to the State and county from pari-mutuel pools as now provided hy law, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee, which shall be determined from the preceding racing season's daily average mutuel pool of the licensee, and which is hereby fixed according to the following schedule:

Up to $175,000.00 ___._..._._.__------------..--.$ 4,000.00 per day
Over $175,000.00 but not exceeding $200,000.00 --------.____--------...._------------ $ 5,000.00 per day
Over $200,000.00 but not exceeding $225,000.00 ___----____------------____--------$ 6,000.00 per day
Over $225,000.00 but not exceeding $250,000.00 _-__.______-__-__---____-$ 7,000.00 per day
Over $250,000.00 but not exceeding $275,000.00 ------~_________.--.------__ $ 9,000.00 per day
Over $275,000.00 but not exceeding $300,000.00 ----______--------__._.__----------$11,000.00 per day
Over $300,000.00 but not exceeding $325,000.00 ----._____--------.____------$13,000.00 per day
Over $325,000.00 but not exceeding $350,000.00 __.___________________.___-_------$15,000.00 per day

Over $350,000.00 but not exceeding $375,000.00 --...______--.------------.--------$18,000.00 per day

Over $375,000.00 but less than $400,000.00 ____-$21,000.00 per day which daily license fee shall be deposited with the State Treasurer to the credit of the general revenue fund.

Section 21. Dog racing; daily operational cost allowance.-- (a) It is the finding of the legislature of Georgia that the operation of a dog track and legalized pari-mutuel betting at dog tracks in this State is a privilege and is an operation which requires strict supervision and regulation in the best interests of the State; that pari-mutuel wagering at dog tracks in this State is a substantial business and taxes derived therefrom constitute part of the tax structures of the State and Counties. It is the further finding of the legislature that the operators of dog tracks should pay their fair share of taxes to the State, and at the same time this substantial business interest should not be taxed to an extent as to cause a track which is operated under sound business principles to be forced out of business.

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2545

It is the further finding of the legislature that all dog racetracks have in common a "daily initial expense of operation". This "daily initial expense of operation" is created by certain factors which are common to all dog tracks and which remain relatively uniform and constant among the several dog tracks throughout a race meeting.

(b) Each licensed dog track holding a permit to conduct racing in this State under the authority of this Act and the State by and through the State Racing Commission, is authorized to withhold from the total maximum commission of 15 percent that may be withheld from the total amounts contributed to pari-mutuel pools on dog races the sum of $170.00 per race, which said amounts shall be credited to th& dog track operators as a daily "initial expense of operation". No tax shall be levied or collected on said $170.00 so withheld and all taxes im posed by Sections 15 and 19 or by any other Act of the legislature shall be imposed upon the 15 percent of total amounts contributed to any pari-mutuel pool at dog tracks less the above described $170.00 "initial expense of operation" amount per race. The daily "initial expense of operation" allowance shall be deducted from the 15 percent commission prior to any tax being imposed on said pool and said allowance shall be credited to the track operator.
(c) All allowances granted by this Section to the track operator known as the "initial expense operation" allowance shall appear on the report tendered by the licensee as provided by Section 15 and shall be shown on the tax report submitted by the licensee every 7th day of the race meeting.
(d) Nothing in this Section shall be construed so as to allow any dog track in this State an "initial expense of operation" allowance as provided herein for any day on which races may be held for the benefit of educational scholarships or charitable organizations.

Section 22. Dog racing, daily license fee.--(a) any duly licensed dog racetrack, having a daily pari-mutuel pool of less than $25,000.00 per day in a racing season, shall, in lieu of the payment of the tax im posed in Section 15 and 19 or any other law imposing a tax upon the 15 percent of the total pari-mutuel pool at dog racetracks, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee which fee shall be determined from the following schedule:

Up to and including $20,000.00 _____._...-.___-.-_,_._.-.._.......__._..$150.00 per day

Over $20,000.00 per day and not exceeding $21,000.00 per day _....__._.__._..__._.._____-$200.00 per day

Over $21,000.00 per day and not exceeding $22,000.00 per day -_________..._._._______.$250.00 per day

Over $22,000.00 per day and not exceeding $23,000.00 per day ___.----__~__-_____~___.$300.00 per day

Over $23,000.00 per day and not exceeding $24,000.00 per day _.__.__.._._.__.._..__...._.$350.00 per day

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JOURNAL OF THE HOUSE,

Over $24,000.00 per day and not exceeding $25,000.00 per day __________,,_____.._.___________.$400.00 per day

(b) Whenever any dog racetrack exceeds the sum of $25,000.00 per day in its pari-mutuel pool totals, this Section shall not apply and such dog racetrack shall be taxed as provided by other general laws, and at such time such dog track shall receive any "daily initial cost of opera tion" credit allowed by general law.
(c) Such daily license fee shall be deposited with the State Treas urer to the credit of the general revenue fund.
Section 23. Escheat to State of abandoned interest in or contribu tion to pari-mutuel pools.-- (a) It is hereby declared to be the public policy of the State, while protecting the interest of the owners thereof, to possess all unclaimed and abandoned interest in or contribution to any pari-mutuel pool conducted in this State under the provisions of this Act, for the benefit of all the people of the State, and this law shall be liberally construed to accomplish such purpose.
(b) All money or other property represented by an unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the csutody of or under the control of any licensee authorized to conduct pari-mutuel pools in this State for a period of one year from the date said pari-mutuel ticket was issued, when the rightful owner or owners thereof, have made no claim or demand for such money or other property within the aforesaid period of time, is hereby declared to have escheated to or to escheat to, and to have become the property of the State.
(c) All money or other property which shall have escheated to and become the property of the State as provided herein, and which is held by such licensees, authorized to conduct pari-mutuel pools in this State, shall be paid by such licensees to the State Treasurer annually within sixty days after the close of the race meeting of the said licensee.
Section 24. Proof of referendum required.--The commission shall not issue any license under this Act except upon proof in such form as the commission may prescribe that a referendum election has been held in the county where the applicant for such license desires to conduct a race meeting and that a majority of the electors voting on that question in such election voted in favor of licensing such racing.

Section 25. Certain persons prohibited from holding racing per mits; suspension or revocation of permits.-- (a) On and after the ef fective date of this Act, no person who shall have been convicted of a felony in the State, or under the laws of any other state, government or county of an offense which would be a felony if committed within this State, or who shall have been convicted of bookmaking in the State or elsewhere, or who is commonly known as a bookmaker and bears the general reputation of being a bookmaker, or who knowingly associates regularly with persons commonly known as bookmakers or criminals, shall hold any horse or dog racing permit in the State, or be a member of any association which holds such a permit, or be an officer or director of any corporation which holds such a permit, or be an employee of the

THURSDAY, MARCH 20, 1969

2547

holder of any such permit in any capacity connected to any extent with the racing business in the State.

(b) An applicant for running horse races shall be acceptable to and, if granted a permit, a member of the Thoroughbred Racing As sociation.
(c) In order to better effectuate this Section, and to assist the State Racing Commission in checking up on the observance of this Section, every person holding a horse or dog racing permit in this State, and every person who is a member of an association holding such a permit,, and every person who is an officer or director of a corporation which holds such a permit, and every employee of the holder of any such per mit in any capacity connected to any extent with the racing busines in this State, shall, at such times as shall be fixed by rule promulgated by the State Racing Commission, furnish the said commission, for its files, his fingerprints and photograph taken under the supervision and direction of the said commission.
(d) The State Racing Commission shall either suspend or revoke a racing permit upon proof, after due notice and hearing, that such per mit is held by a person in violation of subsection (a) of this Section, or that it is held by an association or corporation and that any person is a member, officer, or director thereof in violation of said subsection (a), or that any person is an employee of the permit holder in violation of said subsection (a) ; except, however, that no permit shall be either suspended or revoked because of the employment of a person in viola tion of said subsection (a) if such employment is terminated and suf ficient evidence of such termination furnished said commission within three days after notice is given to the permit holder of the commission's finding, after a hearing held as hereinabove provided for, that such person is an employee of the permit holder in violation of said subsec tion (a) ; and except, further, that no such permit held by a corporation shall be either suspended or revoked because a person is an officer or director of such corporation in violation of said subsection (a), if such person ceases to be such officer or director and the commission is fur nished sufficient evidence that such is the case, within fifteen days after notice is given to the permit holder of the commission's finding, after a hearing held as hereinabove provided for, that such person is an officer or director in violation of said subsection (a).
Section 26. Permits not assignable.--No permit granted under the provisions of this Act shall be transferable or assignable except upon ap plication to, and written consent and approval of said commission.
Section 27. Application of laws inconsistent with this Act.--All laws and parts of laws inconsistent with any of the provisions of this Act are expressly declared not to apply to any person participating or engaged in racing or making or contributing to pools thereon as au thorized by and conducted under this Act.

Section 28. Conniving to prearrange result of race; stimulating or depressing horse or dog; penalty.--Any person who shall influence or have any understanding or connivance with any owner, jockey, groom

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or other person associated with or interested in any stable, kennel, horse or dog or race in which any horse or dog participates, to prearrange or predetermine the results of any such race, or any person who shall stimu late or depress a dog or horse for the purpose of affecting the results of a race, shall be guilty of a felony and upon conviction thereof shall be imprisoned in the penitentiary for not less than one year nor more than ten years, or shall be fined not less than $1,000.00 nor more than $5,000.00.

Section 29. Penalty for conducting unauthorized race meeting.-- Every race meeting at which racing is conducted for any stake, purse prize or premium, except as allowed by this Act, is prohibited and de clared to be a public nuisance, and every person acting or aiding there in or conducting, or attempting to conduct, racing in this State not in conformity with this Act shall be deemed guilty of a misdemeanor, and upon conviction be punished as provided by law.

Section 30. Tax on breaks.--A tax is hereby levied upon every pari-mutuel pool conducted by horse tracks and dog tracks within the State authorized by law so to do equal to the "breaks", which said "breaks" shall be the difference between

(a) the amount contributed to a pool and
(b) the total of the commissions and the sums actually redistrib uted to the contributors, which tax shall be known as the "breaks tax".
Section 31. Employment of residents required.-- (a) The licensees of each racetrack operating in this State shall during each racing sea son employ at least eighty-five percent of their employees from bona fide residents and citizens of Georgia and shall pay them at least said percentage of each weekly payroll, excepting jockeys, apprentices, exer cise boys, owners, trainers, mutuel employees, dockers, player managers and trainers, and all governing and managing officials and heads of departments of such track.
(b) A person shall have resided and have made his home in Georgia for two years continuously last prior to the date of employment by any racetrack to be deemed a bona fide resident or citizen under the terms hereof; providing further, that registration and voting in the primary or general election last prior to such date shall be prima facie evidence of such bona fide residence and citizenship.
(c) It shall be the duty of the Georgia State Racing Commission before issuing any occupational license to any person to take part in or officiate in any way or serve in any capacity or be employed at any racetrack to require and obtain from each applicant for such occupa tional license, by affidavit and by such other evidence as the commis sion shall deem necessary, sufficient and satisfactory proof of such ap plicant's residence and citizenship as herein defined, and to state upon each such occupational license issued by the commission the residence and citizenship so ascertained.

THURSDAY, MARCH 20, 1969

2549

(d) Whenever it shall be made to appear to the commission that any licensee of any racetrack is exceeding the amount of fifteen percent in employees or amount of payroll as herein provided, the commission shall notify said licensee of such excess, and if same be not corrected before the next payroll, the commission shall have the power, and it shall be its duty to suspend a sufficient number of occupational licenses issued to employees of said racetrack who are not residents and citizens of Georgia as herein defined to bring the number of employees and amount of payroll within the limitations as herein set forth.

(e) Any person or the licensee of any racetrack knowingly and wilfully violating the provisions of this Act shall be guilty of a mis demeanor and upon conviction thereof shall be punished by imprison ment not exceeding six months or by fine not exceeding $500.00 or both such fine and imprisonment.

Section 32. Obtaining feed for race horses and dogs with intent to defraud.--(a) Any owner, trainer or custodian of any race horse, or greyhound racing dogs, who shall obtain foods, drugs, transportation, veterinary services or supplies for the use or benefit of said race horses or greyhound racing dogs, with intent to defraud the person or persons, from whom said services or supplies are obtained shall be guilty of a misdemeanor, and shall upon conviction be imprisoned in the county jail not to exceed six months, or by a fine not exceeding $500.00.

(b) In prosecutions under the preceding Section, proof that the supplies or services had been furnished and not paid for, and that the owner, trainer or custodian of said race horses or greyhound racing dogs, was removing or attempting to remove any of said race horses or grey hound racing dogs, out of the State and beyond the jurisdiction of the courts of this State, shall be prima facie evidence of the fraudulent in tent mentioned in the preceding Section.

Section 33. Reallocation of racing dates.--The State Racing Com mission shall have the right to reallocate or reassign, to any other licensed horse racing track, any racing dates previously allocated or assigned to a licensed horse racing track, when said racing dates have been vacated, abandoned, or will not be used, for any reason whatsoever,, provided the aggregate total number of horse racing days permitted hereunder shall not exceed one hundred days for any one horse racing: licensee.
Section 34. Quarter horse races by nonprofit agricultural coopera tive associations.-- (a) Subject to all the applicable provisions of this. Act any bona fide nonprofit cooperative association organized under the laws of Georgia, which has for its purposes the cooperative agricultural activity of breeding and training quarter horses, bettering existing types and strains of such horses, which has been in existence for two years or more may, subject to the provisions of this Section, with the consent of the permit holder and State Racing Commission, and only during the regular meet, time of day, and as a part of the regular racing program of the permit holder, conduct racing of registered quarter running horses at and upon the racetrack of any holder of a ratified permit to conduct running horse racing, provided no such racing shall be con ducted on Sunday.

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(b) Sections 6, 7, and 10 are hereby declared to be inapplicable to quarter horse racing as permitted herein; and all provisions of this Act, except Sections 6, 7, and 10, shall apply to, govern and control such racing and the same shall be conducted in compliance therewith.

(c) Quarter horses participating in such races shall be duly registered by the American Quarter Racing Association and before each race such horses shall be examined and declared in fit condition by some qualified person designated by the commission.

Section 35. Transmission of racing information for illegal gam bling purposes, (a) It shall be unlawful for any person to transmit or communicate to another or receive or secure by any means whatsoever the results, changing odds, track conditions, jockey changes, or any other information relating to any horse race or dog race from any racetrack in this State, between the period of time beginning one hour prior to the first race of any day and ending thirty minutes after the posting of the official results of each race as to that particular race, except that the foregoing limitations shall not apply to the results of the last race of each day's meet. Provided, however, that the State Racing Commission may, by rule, permit the immediate transmission by radio, television, or press wire of any pertinent information concerning not more than two feature races each week; provided, further, that the foregoing limita tion of two feature races per week shall not apply to so-called "name stake races" which if broadcast or televised nationally, the commission may in its discretion permit.

(b) It shall be unlawful for any person to transmit by any means whatsoever racing information to any other person, or to relay the same to any other person by word of mouth, by signal, or by use of telephone, telegraph, radio, or any other means, when the information is knowingly used or intended to be used for illegal gambling purposes, or in furtherance of such gambling.

(c) This Section shall be deemed an exercise of the police power of the State for the protection of the public welfare, health, peace, safety and morals of the people of the State and all of the provisions herein shall be liberally construed for the accomplishment of this purpose.

(d) Any person violating the provisions of this Section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to pay the costs of prosecution and a fine of not less than $500.00 nor more than $5,000.00, or undergo imprisonment for a period of not less than one year and one day nor more than five years, or both, in the discre
tion of the court.

Section 36. Use of electronic transmitting equipment; permit by commission required.--Any person who has in his possession or control on the premises of any licensed horse or dog racetrack any electronic transmitting equipment or device which is capable of transmitting or communicating any information whatsoever to another person, without the written permission of the Georgia State Racing Commission, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding three

THURSDAY, MARCH 20, 1969

2551

months, or both. This Section shall not apply to the possession or control of any telephone, telegraph, radio or television facilities installed by any such licensee with the approval of said commission.

Section 37. Horse racing; award to breeder of Georgia--bred horses.-- (a) Every licensee licensed by the Georgia State Racing Com mission, under the laws of this State, to conduct a running horse race meeting and where said licensee is permitted to use and operate the pari-mutuel system of wagering, shall, by the acceptance of said license,, be deemed to have agreed, as a condition of the grant thereof, that such licensee shall, within thirty days after the expiration of such meeting,, pay to the breeder of each Georgia-bred horse winning an overnight race at such meeting a sum equal to ten percent over and above the announced gross purse, or $100.00, whichever is greater, and said award so paid shall not in any case be deducted from the amount of the purse, nor shall it be required when the purse includes an award to the breeder equal to or greater than the amount specified and provided further, that any amount so paid as an award shall not be included in estimating the value of the race to the winner, and there shall be no breeders' awards required in any stake race or races exclusively for Georgia-breds.

(b) In order for the breeder of a Georgia-bred to be eligible to de mand and receive an award, the thoroughbred horse winning the race must have been registered a Georgia-bred with the agency designated by the Georgia State Racing Commission as the official Georgia-bred registry of all Georgia-bred horses and the jockey club certificate for the winning horse must show that said winner has been duly registered as a Georgia-bred, evidenced by the seal and proper serial number of the official Georgia-bred registry.

(c) If any other law is passed that provides benefits for Georgia thoroughbred breeders equal to or greater than those provided in this law, then said law shall supersede this law as long as said law is in effect.

Section 38. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bell Berry Black Bond Brantley, H. H.

Brown, B. D. Brown, C. Buck Gates Conger

Connell Cook Cooper Dailey Daugherty

2552
Davis, W. Dean, J. E. DeLong Dent Dixon Edwards Egan Ellis Evans Ezzard Parmer Gary Gaynor {Jeisinger Hargrett Harris, J. R. Hawes

JOURNAL OF THE HOUSE,

Higginbotham Hill, B. L. Holder Hood Howell Hudson Keen Leonard Levitas Longino Marcus Matthews McClatchey Melton Merritt Miles Moate

Parker, C. A. Parker, H. W. Peters Potts Ross Russell Shanahan Shepherd
Sherman Simkins Snow Thomason Thompson, A. W. Townsend Williams Winkles Wood

Those voting in the negative were Messrs.:

Adams Anderson Atherton Barber Battle Blalock JBohannon Bray Burruss Busbee Carnes Cato Chandler Cole Collier ollins, S. Conner Davis, E. T. Dean, N. Dickinson Dorminy Douglas Fallin Floyd, L. R. Gignilliat Grahl Graves

Harris, J. F. Harris, R. W. Hill, G. Horton Johnson Joiner Jones, Herb Jones, M. Jordan, G. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Matthews Mauldin McCracken McDaniell Milford Miller Moore Morris

Mullinax Murphy Nessmith Northcutt Pafford Paris Patterson Peterson Phillips, L. L. Pinkston Rainey Roach Rush Salem Scarborough Sims Smith, V. T. Sorrells Sweat Toles Ware Westlake Whaley Wheeler, Bobby Wilkerson

Those not voting were Messrs:

Alexander Ballard Barfield Bennett

Bostick Bowen Brantley, H. L. Brooks

Caldwell Clarke Collins, M. Colwell

Crowe Dodson Farrar Pelton Floyd, J. H. Funk Gunter Hadaway Hale Hamilton Harrington Harrison
Henderson

THURSDAY, MARCH 20, 1969

2553

Housley Hutchinson Jones, C. M. Jordan, H. S. Lane, W. J. Mason Maxwell Nash Nunn Odom Phillips, G. S. Phillips, W. R.
Pickard

Poole Reaves Rowland Scarlett Simmons Smith, J. R. Thompson, R. Vaughn Wamble Wheeler, J. A. Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 66, nays 79.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
Mr. Moate of the 28th served notice at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 998 by substitute.
HB 400. By Messrs. Brown of the 110th, Dean of the 76th, Alexander of the 108th, Daugherty of the 109th, Bond of the lllth, Shepherd of the 107th and Ezzard of the 102nd: A Bill to be entitled an Act to provide that all public schools of this State shall provide instruction in the rolls and contributions of American Negroes and other ethnic groups in the history of this country and the State of Georgia; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide certain requirements in connection with textbooks and teachers' manuals relative to civics and history; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
When adopting the textbooks and teachers' manuals to be used in the public schools for teaching courses in civics and the history of the

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United States and Georgia, the State Board of Education shall approve those textbooks which conform with the required courses and present the contributions of ethnic groups, regardless of race, creed or color, to the development of the United States and the State of Georgia. In the event the State Board of Education finds that any textbook beingused by any public school does not correctly portray the role and con tribution of all Americans in the total development of the United States and the State of Georgia, it shall be the duty of said State Board of Education to order the publisher of any such textbook to cease to offer and sell such textbook for use as a textbook in any public school of this State. If the State Board of Education shall make such an order, no school system shall use any such textbook beyond the time when new American History books are adopted.

SECTION 2

All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:

Mr. Harris of the 67th moves to amend HB 400 (Committee substitute) by adding in the second sentence after the words "any textbook" in line 9 of Section 1 the words "dealing with American history and culture".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the ayes were 45, nays 68.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.
Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, MARCH 21, 1969

2555

Representative Hall, Atlanta, Georgia Friday, March 21, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Malcolm Cole Davis, Pastor, First Baptist Church, LaGrange, Georgia:
"O God, who dost rule the destinies of men and nations; we thank Thee for our great State and its elected and appointed officials. We thank Thee for this body of men and women chosen by their peers to rep resent them in the affairs of State and the dedication of time and talent which they demonstrate in this historic chamber.
"Grant to these who confer with one another and on whose word and attitude so much depends the guidance of thy Holy Spirit and the grace of humility that they may be ready to consider a point of view which differs from their own, and keep before them not only the welfare of this State as they see it, but Thy will for all mankind .. .
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

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5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, March 21, 1969, and submits the following:

HR 256-758. Support of Public Education, Study Committee.

HB 1013. Extraordinary Session, Funds, Executive Depart.

SR

10. Constitution Revision Commission.

SB

69. Judges and District Attorney, Retirement Sysetm.

SB

91. Pharmacists, Licenses.

SB

95. Family and Children Service, County Employee.

SB

96. Family and Children Service, Medical and Dental Service.

SB 113. Sale of Tobacco, Maximum Rate.

SB 120. Development Authority, Cities and Counties.

SB 125. Guardian, Spouse Has Preference in Appointment.

SB 155. Banks, Federal or Correspondent Funds.

SB 156. Payor Bank, Provisional Settlement.

SB 157. Banks, Common Stock, Authorized, but Unissued.

SB 162. Atlanta Rapid Transit Authority, Contract With.

SB 165. Property Taxes, County, Failure to Return.

SB 179. Minors, Treatment for Venereal Disease.

SB 182. County Bonds, Proceeds Investment.

SB 184. Trust Funds, Investments by Trustees.

SB 190. State Chartered Bank, Conversion.

SB 193. Alcohol Unit, Auto Limitations.

SB 194. Banks, Purchase of Stock.

SB 198. Banks, Deposit to Cover Claims.

SB 226. Foreign Merchandise and Transit, Taxation.

SB 238. Blue Ridge Parkway.

SB 245. Insurance, Surplus Funds Borrowed.

FRIDAY, MARCH 21, 1969

2557

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.

Respectfully submitted, Busbee of the 61st, Vice-Chairman

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 1016. By Mr. Smith of the 39th:
A Bill to be entitled an Act to repeal an Act pertaining to the ad valorem taxation of motor vehicles; to amend an Act pertaining to taxation of dual control driver educational vehicles; to provide a license fee and license plates for such motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1017. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to define motor vehicles and passenger motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1018. By Messrs. Atherton, Wilson, Kreeger, Burruss and McDaniell of the 117th, Hawes of the 95th, Gary of the 21st, Lane of the 101st, DeLong of the 80th, Smith of the 39th, Buck of the 84th, Floyd of the 7th and others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to delete therefrom certain exemp tions from the tax imposed by said Act, relating to "Retail sale" or a "sale at retail"; and for other purposes.
Referred to the Committee on Ways and Means.

HR 359-1018. By Mr. Smith of the 39th:
A Resolution proposing an amendment to the Constitution so as to pro vide that motor vehicles shall be subject to only one form of taxation, which shall be a license tax, and for other purposes.
Referred to the Committee on Ways and Means.

2558

JOURNAL OF THE HOUSE,

HB 1019. By Messrs. Evans aad Scarborough of the 81st, Rowland and Douglas of the 42nd and Cato of the 68th:
A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation; and for other purposes.
Referred to the Committee on Industrial Relations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1009. By Messrs. Hood of the 99th, Shepherd of the 107th, Dean of the 76th, Hill of the 94th, Bond of the lllth, Brown of the 110th and others:
A Bill to be entitled an Act to create a community relations commission; and for other purposes.

HB 1011. By Mr. Ross of the 26th:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a valid surety bond in the amount of $10,000.00, which bond shall be approved by the Ordinary of Taliaferro County, and payable to the Ordinary; and for other purposes.

HB 1015. By Messrs. Shanahan of the 8th, Ross of the 26th, Moate of the 28th,. Gaynor of the 88th, Longino of the 98th:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to prohibit any officer, director or employee of a bank which holds 5 percent of the voting shares of another bank through a bank holding company, or the spouse of any such officer, director or employee, to own voting shares in the same bank as the holding company; and for other purposes.

SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others:
A Resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General Assembly during legislative sessions; and for other purposes.

SR 117. By Senator Coggin of the 35th:
A Resolution creating the Scholarship Study Committee; and for other purposes.

FRIDAY, MARCH 21, 1969

2559

SR 123. By Senator Hill of the 29th:
A Resolution authorizing the disposal of five separate tracts of land located in Meriwether County; and for other purposes.

SB 142. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of any assistant solicitor-general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.

SB 143. By Senator Padgett of the 23rd: A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000, the district attorney of the Judicial Circuit shall receive additional compen sation ; and for other purposes.
SB 144. By Senators Padgett of the 23rd, Holley of the 22nd, McGill of the 24th, and Cox of the 21st: A Bill to be entitled an Act to amend an Act abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, so as to change the compensation of the chief assist ant district attorney; and for other purposes.
SB 171. By Senator Padgett of the 23rd: A Bill to be entitled an Act to provide that sentences in criminal cases shall give the defendant credit towards service of his sentence for any days spent in custody in connection with the offense or actions for which sentence was imposed; and for other purposes.
SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd, and others: A Bill to be entitled an Act to create the Institute for Research in BioTechnology ; and for other purposes.
SB 269. By Senator Spinks of the 9th: A Bill to be entitled an Act to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Author ity and the exercise thereof, so as to increase the maximum interest rate on bonds and other obligations of the authority; and for other purposes.

2560

JOURNAL OF THE HOUSE,

SB 270. By Senator London oi the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rabun County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

SB 272. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purposes of suspending driver licenses; and for other purposes.

SB 281. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, so as to provide that the members thereof may succeed themselves; and for other purposes.

Mr. Conner of the 56th, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 214. Do Pass. SB 257. Do Pass.
Respectfully submitted, Conner of the 56th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 435. Do Pass. HB 505. Do Pass by Substitute.

FRIDAY, MARCH 21, 1969

25C1

HB 947. Do Pass. HB 1006. Do Pass. HB 1007. Do Pass. HB 1008. Do Pass. HB 1011. Do Pass. SB 75. Do Pass by Substitute. SB 99. Do Pass. SB 100. Do Pass. SR 76. Do Pass. SB 61. Do Pass by Substitute. SB 244. Do Pass. HR 364. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 234. Do Pass. SB 272. Do Pass. SB 104. Do Pass by Substitute. HB 849. Do Pass. HB 877. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.

2562

JOURNAL OF THE HOUSE,

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me as Viee-Chairman, to report the same back to the House with the following recommendations:

HR 361 Do Pass.

Respectfully submitted, Busbee of the 61st, Vice-Chairman.

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time.

HB 505. By Messrs Kreeger, Atherton, Housley and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, as amended, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city, upon the happening of a specified contingency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, is hereby amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20, to read as follows:
"Section 20. The mayor and council of the City of Marietta shall have authority to make such contracts as they may deem nec essary for said city, and to purchase, hold and sell real and personal

FRIDAY, MARCH 21, 1969

2563

property. For the purpose of raising revenues for the support and maintenance of the general purposes of the government of the City of Marietta, the mayor and council of said city shall have full power and authority to levy and collect annually an ad valorem tax of not exceeding 80^ on the one hundred dollars upon all taxable property, real and personal, or otherwise, as subject to said tax by said city, within the corporate limits of said city and upon all money and choses in action whose owner resides within the corporate limits of said city which are subject to taxation by the said city under the laws of the State of Georgia; and in addition thereto, the mayor and council of said city are hereby authorized to levy and collect annually an ad valorem tax on all taxable property in said city for the pur poses of providing a sinking fund for the purpose of paying princi pal of any bonds heretofore issued by the said city or as may here after be issued by the city authorities; and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected annually on all taxable property in said city by the mayor and council. The mayor and council of the City of Marietta shall have power and they are hereby authorized to provide by ordinances for the return of all taxable property in the City of Marietta as may be subject to taxation by said city and to provide penalties for neglect or refusal by the property owners or agents thereof to comply with the ordinances; and, in addition there
to, the mayor and council shall have power and they are hereby
authorized to levy and collect an ad valorem tax annually in addi
tion to that now allowed by law to the City of Marietta for general
purposes of city government, or otherwise not to exceed $1.10 per
one hundred dollars on all taxable property in the City of Marietta,
as may be subject to an ad valorem tax by said city, for the purposes
of supporting and maintaining the public schools of said city; pro
vided, however, in the event impacted area funds from the Federal
Government are reduced, in whole or in part, the mayor and council
shall have the power to levy and collect an annual ad valorem tax,
in addition to the above $1.10 per one hundred dollars, an ad valorem
tax of thirty cents per one hundred dollars on all said property."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2564

JOURNAL OF THE HOUSE,

SB 75. By Senators Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act creating the Bibb County Board of Educa tion, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act ap proved March 21,1968 (Ga. Laws 1968, p. 2835), so as to clarify the pro visions that require appointments made by the Board to be subject to the approval of the Grand Jury; to delete the requirement that the Board is to establish a policy which prohibits any person employed by said Board in a full-time supervisory or administrative capacity from holding or accepting any other employment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Board of Public Ediisation and Orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2935), is hereby amended by striking from Section 2C the following sentence:
"All appointments made by the Board shall be subject to the approval or rejection of the next succeeding Grand Jury which con venes immediately following the appointment.",
and by substituting in lieu thereof the following:
"All appointments made by the Board shall be subject to the approval or rejection of the Grand Jury in session at the time of the appointment, or, if time does not permit the appointment to be con sidered by such Grand Jury, the next succeeding Grand Jury which convenes immediately following the appointment.",
so that when so amended Section 2C shall read as follows:
"Section 2C. After the effective date of this section, the ordi nary and judges of the Superior Court of Bibb County shall cease to be members of the Board. In the year 1969, the members of the board shall elect successors to the incumbents occupying positions 1 and 2. In June of the year 1970, the members of the board shall elect suc cessors to the incumbents occupying positions 3 and 4 that are then on the board. In June of the year 1971, the members of the Board

FRIDAY, MARCH 21, 1969

2565

shall elect successors to the incumbents occupying positions 5 and 6 that are then on the board. In June of the year 1972, the members of the board shall elect successors to the incumbents occupying posi tions 7 and 8 that are then on the board. In June of the year 1973, the members of the board shall elect successors to the incumbents occupying positions 9 and 10 that are then on the board. In June of the year 1974, the members of the board shall elect successors to the incumbents occupying positions 11 and 12 that are then on the board. All incumbent members thusly being replaced shall be eligible for reappointment for another six year term unless they were ap pointed to the board prior to 1956, in which event they shall not be eligible for reappointment. All appointments shall be for a term of six years. Any vacancies, other than those provided for above, on the board for whatever reason, shall be filled as expeditiously as possible by the remaining members of the board by electing a qualified person who shall serve out the unexpired term of that board member position. All appointments made by the Board shall be subject to the approval or rejection of the Grand Jury in session at the time of the appointment, or, if time does not permit the ap pointment to be considered by such Grand Jury, the next succeed ing Grand Jury which convenes immediately following the appoint ment. The names of all such appointees shall be submitted by the board to said grand jury; and the grand jury by a majority vote shall either approve the appointment made by the board, or reject said appointment. In the event any appointment shall be rejected by the grand jury, a vacancy shall immediately be deemed to exist on the board; and the board shall elect another qualified person to fill said vacancy, who shall also be subject to the approval or re jection of the next succeeding grand jury."

Section 2. Said Act is further amended by striking in its entirety Section 3B which reads as follows:

"Section 3B. Said Board is hereby authorized and directed to establish a policy which shall become effective on September 1, 1968, which will prohibit any person employed by said Board in a full time supervisory or administrative capacity from holding or accept ing any other employment while so employed by said Board of Education."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2566

JOURNAL OF THE HOUSE,

SR 76. By Senator Stephens of the 36th:

A RESOLUTION

Creating the Atlanta-Fulton County Compensation Study Commit tee; and for other purposes.

WHEREAS, numerous requests pertaining to the compensation of various Atlanta and Fulton County officials have been made to the mem bers of the Senate and House representing Fulton County and the City of Atlanta; and

WHEREAS, these Senators and Representatives sometimes do not have adequate information concerning the duties of these particular offices to enable them to determine whether the particular position calls for a small, medium or large salary; and

WHEREAS, an in-depth study of the entire compensation system relative to the City of Atlanta and Fulton County should be made.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the AtlantaFulton County Compensation Study Committee. The Committee shall consist of six outstanding citizens, three to be appointed by the Mayor of Atlanta, and three by the Chairman of the Fulton County Board of Commissioners. The Committee shall make an in-depth study of the sys tem of compensation of the City of Atlanta and Fulton County with par ticular emphasis on the compensation of the elected city and county officials. The Committee shall analyze the duties connected with each position in order to determine the compensation which should be paid the official occupying said position. It shall compare the duties of each particular position with the duties of the other affected positions and shall also make comparative studies of the compensation paid officials of other comparable cities and counties in the United States.

The members of the Committee shall receive no compensation or allowances under this Resolution. All officials and employees of the City of Atlanta and Fulton County shall cooperate with the members of the Committee, and the Committee shall make a report of its findings on or before December 1, 1969, on which date the Committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 21, 1969

2567

HB 947. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Dougherty, ap proved March 4, 1941, as amended, so as to authorize the Board to create sanitary districts in said county; to provide for sanitary services in said districts; etc. to provide for a tax or assessment to pay for same; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923, as amended, so as to change the compensation of the mayor and city commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Dougherty County, approved March 4, 1941, as amended, so as to change the compensation of the chairman and members of the board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.

2568

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

JHB 1008. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to provide that the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 99. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act amending the Act establish ing the Criminal Court of Atlanta, approved February 17, 1939, so as to change the provisions relating to the filling of vacancies occurring in the offices of Judge and Solicitor General of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 100. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend the Act creating the Civil Court of Fulton County, approved August 20, 1913, as amended, so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 21, 1969

2569

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1003. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Lumpkin County, as amended, so as to change the compen sation of the commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1005. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, approved Jan. 31, 1968, so as to change the provisions relating to audits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 129. By Senator London of the 50th:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2570

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Hargrett of the 58th requested the following be recorded in the Journal:
March 21, 1969
TO WHOM IT MAY CONCERN:
This is to state that from 3 P. M. until the hour of 6:30 P. M., I was absent from the floor of the House of Representatives Thursday, March 20, 1969.
House Bill 998 (Sub) "State Racing Commission" was considered by the House and the vote recorded by machine. Such report indicated a YEA vote by Representative Dr. McKee Hargrett of the 58th.
This is incorrect as I was not present. My vote is NAY.
Respectfully submitted, Dr. McKee Hargrett

The following message was received from the Senate through the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 160. By Mr. Miller of the 83rd: A Bill to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and for other purposes.
HB 489. By Mr. Harris of the 77th: A Bill to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior court; and for other purposes.

FRIDAY, MARCH 21, 1969

2571

HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th:
A Bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.

HB 788. By Messrs. Cato and Conger of the 68th:
A Bill creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a refer endum ; and for other purposes.

HB 811. By Mr. Collins of the 62nd: A Bill to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell . . .", so as to change the compensation to be paid the Commissioner of Roads and Revenues of Mitchell County; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 830. By Messrs. Cato and Conger of the 68th: A Bill to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Cates of the 95th and Longino of the 98th: A Bill to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous liquors; and for other purposes.
HB 517. By Messrs. Cole and Leonard of the 3rd: A Bill to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection districts within Whitfield County; and for other purposes.

2572

JOURNAL OF THE HOUSE,

HB 537. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A Bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.

HB 705. By Messrs. Pinkston, Evans, Keen, Scarborough and Knapp of the 81st and others:
A Bill to provide for a Board of Election in Bibb County; and for other purposes.

HB 775. By Messrs. Gignilliat of the 89th and Gaynor of the 88th:
A Bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd and others:
A Bill to require the boards of education in certain counties of the State to publish a summary of all receipts and expenditures of said boards on a quarterly basis; and for other purposes.

HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, and Gignilliat of the 89th:
A Bill to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other purposes.

HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton and Horton of the 95th, Longino of the 98th and Adams of the 100th:
A Bill to amend an Act establishing a new charter for the City of East Point; and for other purposes.

HB 810. By Messrs. Pinkston, Knapp, Keen and Evans of the 81st, and others:
A Bill to amend an Act establishing a board of commissioners of Bibb County; so as to provide that the commissioners shall fix their own com pensation ; and for other purposes.
HB 857. By Mr. Lewis of the 37th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke (now the Board of Commissioners), so as to change the compensation of said Board of Commissioners; and for other purposes.

FRIDAY, MARCH 21, 1969

2573

HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A Bill to amend an Act creating and incorporating the City of Mountain View; and for other purposes.

HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A Bill to amend an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes.", so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; and for other purposes.

HB 890. By Mr. Harris of the 10th:
A Bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist cer tain county officers; and for other purposes.

HB 891. By Mr. Harris of the 10th:
A Bill to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for the commissioner; and for other purposes.

HB 892. By Mr. Harris of the 10th:
A Bill to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain personnel to assist the tax com missioner ; and for other purposes.

HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to amend an Act creating the City Court of Albany, so as to reduce the number of judges pro hac vice; and for other purposes.

HB 903. By Messrs. Rainey and Bowen of the 47th:
A Bill to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws in 1968, p. 1715; to provide for the election of a chairman; and for other purposes.

2574

JOURNAL OF THE HOUSE,

HB 923. By Mr. Dailey of the 53rd:
A Bill to amend an Act creating a new charter for the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.

HB 174. By Mr. Barber of the 15th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain post-retire ment benefit changes; and for other purposes.

HB 507. By Mr. Matthews of the 63rd: A Bill to be known as the "Georgia Equine Act"; and for other purposes.

HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.

HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A Bill to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide for the procedures connected with the returns of primaries and elections; and for other purposes.

HB 907. By Messrs. Blalock, Potts and Ware of the 30th:
A Bill to amend Code Chapter 24-8, relating to constables, so as to pro vide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 52-125. By Mr. DeLong of the 80th:
A Resolution compensating Bill Jones Dodge City Inc.; and for other purposes.

FRIDAY, MARCH 21, 1969

2575

HR 61-136. By Mr. Bray of the 31st:
A Resolution compensating Mr. Richard Floyd Perry; and for other purposes.

HR 116-283. By Mr. Gunter of the 6th: A Resolution compensating Mr. Tom Trotter; and for other purposes.

HR 124-329. By Mr. Colwell of the 5th: A Resolution compensating Doris E. McGuire; and for other purposes.

HR 188-490. By Mr. Shanahan of the 8th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.

HR 247-693. By Mr. Paris of the 14th: A Resolution compensating Mr. Paul Williams; and for other purposes.

HR 248-698. By Mr. Murphy of the 19th: A Resolution compensating Roger Crew; and for other purposes.

HR 249-701. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lam bert of the 25th and others:
A Resolution creating the Joint Election Laws Study Committee; and for other purposes.

HR 250-701. By Mrs. Merritt of the 46th:
A Resolution authorizing and directing the State Highway Department to name U.S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.

HR 255-756. By Messrs. Lowrey, Toles and Graves of the 9th:
A Resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other purposes.

2576

JOURNAL OF THE HOUSE,

HR 260-796. By Mr. Shanahan of the 8th: A Resolution compensating Mrs. Doris Cagle; and for other purposes.

HR 264-802. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st and others:
A Resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.

HR 266-809. By Messrs. Shanahan of the 8th and Ross of the 26th: A Resolution declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property; and for other purposes.
HR 271-825. By Mr. Lambert of the 25th: A Resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Green County; and for other purposes.
HR 272-825. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others: A Bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorganize said Chapter into three separate categories of procedures which will deal with the prepara tion and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
The Senate has passed by the requisite constitutional majority the following1 Bills of the Senate, to-wit:
SB 212. By Senator Rowan of the 8th: A Bill to provide that it shall be unlawful for any person, firm or cor poration to set up, promote or engage in any plan by which goods or any thing of value is sold for a consideration; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 21, 1969

2577

SB 217. By Senator Johnson of the 38th:
A Bill to amend Chap. 68 (Motor Vehicles) of the Code of Georgia of 1933, so as to require the payment of a fee of $1.00 for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said transfers to retain 50^ of each fee of $1.00 collected; and for other purposes.

SB 218. By Senator Johnson of the 38th:
A Bill to amend an Act entitled "Motor Vehicle Certificate of Title Act" approved March 3, 1961, so as to authorize county tag agents to retain a fee of fifty cents for each application handled in all counties of the State of Georgia; to repeal conflicting laws; and for other purposes.

SB 279. By Senator Coggin of the 35th: A Bill to amend an Act known as the "Georgia Securities Act", approved Feb. 26, 1957 (Ga. L. 1957, p. 134-163), as amended, so as to provide for an exemption from the registration requirements of said Act for trans actions involving the issuance of certain security;and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 94. By Senators Reeder of the 55th, Miller of the 43rd, and T'ysinger of the 41st: A Resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to provide for the submission of this amendment for ratification or rejec tion ; and for other purposes.
SR 95. By Senators Hensley of the 33rd and Holloway of the 12th: A Resolution relative to the tax exemption on municipal bonds; and for other purposes.
SR 119. By Senator Gillis of the 20th: A Resolution creating the Junked Motor Vehicles Study Committee; and for other purposes.
SR 128. By Senator Coggin of the 35th: A Resolution creating the Metropolitan Atlanta Airport System Study Committee and for other purposes.

2578

JOURNAL OF THE HOUSE,

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th:
A Resolution requesting the State Revenue Commissioner to undertake a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 212. By Senator Rowan of the 8th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration; and for other purposes.
Referred to the Committee on Industry.

SB 217. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Chapter 68 (Motor Vehicles) of the Code of Georgia of 1933, so as to require the payment of a fee of $1.00 for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said trans fers to retain 50^ of each fee of $1.00 collected; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 218. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "Motor Vehicle Certificate of Title Act", so as to authorize county tag agents to retain a fee of fifty cents for each application handled in all counties of the State of Georgia; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 279. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to provide for an exemption from the registration requirements of said Act for transactions involving the issuance of cer tain security; and for other purposes.
Referred to the Committee on Banks and Banking.

FRIDAY, MARCH 21, 1969

2579

SR 94. By Senators Reeder of the 65th, Miller of the 43rd, and Tysinger of the 41st:
A Resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Local Affairs.

SR 95. By Senators Hensley of the 33rd and Holloway of the 12th:
A Resolution relative to the tax exemption on municipal bonds; and for other purposes.
Referred to the Committee on Ways and Means.

SR 119. By Senator Gillis of the 20th:
A Resolution creating the Junked Motor Vehicles Study Committee; and for other purposes.
Referred to the Committee on Motor Vehicles.

SR 128. By Senator Coggin of the 35th:
A Resolution creating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.
Referred to the Committee on Industry.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 97. By Senator Searcey of the 2nd:
A Bill to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

2580

JOURNAL OP THE HOUSE,

SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Padgett of the 23rd, Stephens of the 36th, and Chapman of the 32nd.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

Mr. Lee of the 61st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 414. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to transfer the Georgia Bureau of Investigation to the Department of Law; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barfield Battle Bell Bennett Blalock Bostick Bowen Brooks

Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Cato Chandler Collins, S. Conger Connell Cooper

Crowe DeLong Dent Dickinson Dodson Dorminy Douglas Egan Evans Ezzard Pallin Farmer

Farrar Floyd, L. R. Gaynor Gei singer Gignilliat Grahl Gunter Hargrett Harrington
Harris, J. F. Hill, G. Hood Housley Howell Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger

FRIDAY, MARCH 21, 1969
Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin McClatchey McCracken Melton Merritt Milford Miller Moate Morris Mullinax Nash Nessmith Odom Pafford Peters

2581
Phillips, G. S. Phillips, W. R. Pinkston Potts Ross Rush Russell Salem Scarborough Shanahan Shepherd Simmons Smith, V. T. Snow Sweat Townsend Wamble Ware Wheeler, Bobby Winkles Wilkerson Williams Wood

Voting in the negative were Messrs.:

Berry Colwell
Davis, E. T. Davis, W. Graves Holder

Hudson Lane, W. J. Leonard Matthews, D. R. Moore Paris, J. W.

Parker, C. A. Parker, H. W. Thompson, A. W. Toles Whaley

Not voting were Messrs.
Anderson Barber Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Caldwell Gates Clarke Cole Collier Collins, M. Conner Cook

Dailey Daugherty Dean, J. E. Dean, N. Dixon Edwards
Ellis Felton Floyd, J. H. Funk Gary
Hadaway Hale Hamilton Harris, J. R. Harris, R. W.

Harrison Hawes Henderson Higginbotham Hill, B. L. Horton Johnson Jones, C. M. Levitas Maxwell McDaniell Miles Murphy Northcutt Nunn Patterson

2582
Peterson Phillips, L. L. Pickard Poole Rainey Reaves Roach

JOURNAL OF THE HOUSE,

Rowland Scarlett Sherman Simkins Sims Smith, J. R. Sorrells

Thomason Thompson, R. Vaughn Westlake Wheeler, J. A. Wilson Mr. Speaker

On the motion to reconsider, the ayes were 109, nays 17.

The motion prevailed, and HB 414 was reconsidered.
Mr. Graves of the 9th stated that he had inadvertently voted "nay" but intended to vote "aye" on the motion to reconsider HB 414.
Mr. Moate of the 28th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 998. By Messrs. Moate of the 28th, Conger of the 68th, Parker of the 44th, Townsend of the 115th and others:
A Bill to be entitled an Act to create a State Racing Commission; and for other purposes.

On the motion to reconsider, the ayes were 86, nays 15.

The motion prevailed, and HB 998 was reconsidered.

Mr. Funk of the 92nd arose to a point of personal privilege and addressed the House.

By unanimous consent, all House Bills and Resolutions passed House today were ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

FRIDAY, MARCH 21, 1969

2583

SB 95. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse the County Commis sioners or the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by full time county employees working in State Institutions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others:
A Bill to be entitled an Act to amend an Act relating to the sale of fluecured leaf tobacco in this State, approved March 7, 1960, as amended, so as to change the maximum rate of sales of tobacco at any warehouse; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 155. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend Code Section 13-2013, relating to the limit a bank is allowed to lend any one person, firm or corporation, as amended, so as to remove the limitation on the sale of federal or cor respondent funds to qualified depositories; to provide for an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.

2584

JOURNAL OP THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 156. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 109A-4-212, relat ing to rights of charge-backs or refunds by banks, so as to provide that intermediary or payor banks may return unpaid items directly to and send for collection drafts on depository banks and obtain reimburse ment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 98, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 157. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, as amended by an Act approved April 8, 1968, so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 190. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend Code Title 13, known as the "Bank ing Law" of Georgia, as amended, so as to provide for the conversion of a regulated certificated bank into a State chartered bank; to provide the procedure connected therewith; to provide an effective date; and for other purposes.

FRIDAY, MARCH 21, 1969

2585

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 194. By Senator Holley of the 22nd:
A Bill to he entitled an Act to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, so as to authorize banks to acquire shares in any Small Business Invest ment Company provided the aggregate amount of shares does not exceed a certain percentage of its capital an unimpaired surplus; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, "was agreed to.

On the passage of the Bill, the ayes were 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 238. By Senators Hensley of the 33rd, Fincher of the 51st, London of the 50th and Andrews of the 49th:
A Bill to be entitled an Act to amend an Act approved April 14, 1967, so as to authorize the State Highway Department to acquire and convey rights-of-way and easements to Federal Government for the Federal construction of Blue Ridge Parkway; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

2586

JOURNAL OF THE HOUSE,

SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.

The following Committee substitute was read:
A RESOLUTION
Creating the "Constitution Revision Commission"; and for other purposes.
WHEREAS, in 1945 the people of Georgia ratified a new Constitu tion for this State; and
WHEREAS, while purporting to be a fundamental charter of Gov ernment, said Constitution has proven, because of minute detail and need less specificity, to be more in the nature of a municipal code of laws, necessitating an inordinate number of local and general amendments each year; and
WHEREAS, since 1945, said Constitution has been amended over 648 times, of which more than 541 were local in nature; and
WHEREAS, it is meet and proper that the Supreme Law of the State embrace only those fundamental principles of liberty and justice which lie at the base of all civil and political institutions, and guarantee inviolate the basic concepts of freedom and government organization, leaving to legislation and ordinances those ephemeral matters of detail and implementation; and
WHEREAS, the present Constitution not only renders too difficult of change those matters more properly defined by statute, but also serves to debilitate the state and its political subdivisions, thereby rendering the state unable to assume its full measure of responsibility, to the corres ponding detriment and diminution of State's Rights; and
WHEREAS, the great principles of freedom of speech, freedom of the press, freedom of religion and all other guarantees of the Bill of Rights can best be preserved under a federal system of indestructible states possessed of sufficient powers to solve their own internal prob lems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Constitu tion Revision Commission". The Commission shall be composed of twentyfive members as follows:
The Governor.
The Lieutenant Governor.

FRIDAY, MARCH 21, 1969

2587

The Speaker of the House of Representatives. The Attorney General. The Legislative Counsel. Five members of the House of Representatives to be appointed by the Speaker. Five members of the Senate to be appointed by the President. Ten members to be appointed by the Governor.

The members of the Commission who are to be appointed shall be appointed within sixty days after the approval of this Resolution by the Governor or after it otherwise becomes law. In the event any appoint ment, (which is to be made by someone other than the Governor), is not made within sixty days after this Resolution becomes law, the Governor may make the appointment. Any member of the Commission appointed by virtue of his position, upon ceasing to occupy such position, shall no longer serve as a member of the Commission, and a successor member shall be appointed in the same manner and by the same person as in the case of the original appointment. Other vacancies occurring from any cause shall be filled in like manner.

The Governor shall be Chairman of the Commission and shall pre side at meetings thereof. In the absence of the Governor, the Lieutenant Governor shall preside. In the absence of both the Governor and the Lieu tenant Governor, the Speaker of the House shall preside. The Commis sion shall meet within forty-five days after all members have been appointed for the purpose of organizing, electing such other officers as it deems advisable, and adopting procedures for its operation. The date of the organizational meeting shall be fixed by the Chairman who shall give ample notice to the members as to the date, time, and place of such meeting. Future meetings shall be held upon call of the Chairman and under such other procedures as may be adopted by the Commission. The Commission, at its organizational meeting, shall determine a quorum. The Governor is authorized to appoint committees from the members of the Commission to perform such duties as he shall determine.

The Commission shall conduct a thorough study of the Constitution and related matters with reference to a revision thereof, and shall revise the present Constitution, either by amendments thereto, a new Constitu tion, or in such other manner as the Commission may decide. The Com mission shall compare the Georgia Constitution with the Constitutions of other States with particular emphasis on seeking a determination as to the procedure followed in other states in holding Constitutional amend ments to a minimum number. The Commission and Committees are hereby authorized to hold hearings at such times and places and in such manner as the Commission and Committees shall decide. Upon comple tion of its work, the Commission shall make a report of its findings and recommendations, which report shall be accompanied by proposed legis lation. The Commission shall provide for the recording and publication of all or part of its proceedings. In order that the duties of the Commis sion may be performed more efficiently, the Chairman, with the advice and consent of the Commission, is hereby authorized to employ clerical,

2588

JOURNAL OF THE HOUSE,

professional, legal, and other personnel as shall be deemed necessary and fix the compensation therefor. The Commission shall be assigned suitable quarters in the State Capitol or elsewhere and is hereby authorized to expend such funds as may be required to perform its duties hereunder. The Commission is hereby authorized to procure materials, supplies, and equipment for carrying out the purposes of this Resolution.

The Governor, the Lieutenant Governor, the Attorney General and the Legislative Counsel, shall receive no compensation or per diem for their services but shall be reimbursed for all expenses incurred in carry ing out their duties hereunder. All such officials shall be reimbursed from the same funds from which they are otherwise compensated. The other members of the Commission shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The other members of the Commission shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropriations, or available funds. All funds, except as provided herein, which are neces sary to effectuate the purposes of this Resolution, shall come from the funds appropriated to or available to the Legislative Branch of the Gov ernment and from any other appropriations or available funds. No ex penditures will be made in excess of $75,000.

The Commission is hereby authorized to make and distribute reports from time to time relative to the progress of its work, but shall com plete its work and submit its final report on or before December 1, 1969, on which date the Commission shall stand abolished.

The findings and recommendations and any report of the proceed ings of the Commission shall be filed with each House of the General Assembly and a copy furnished to each Member of the General Assembly. Any proposed revision, or any amendment to the existing Constitution, shall only be proposed and submitted to the people article by article after having been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly.

The following amendment to the Committee substitute was read and adopted:
Mr. Harris of the 77th moves to amend House Judiciary Committee Substitute to S. R. No. 10 as follows:
By striking from the last sentence the words "article by article".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of th& Resolution, by substitute, was agreed to, as amended.

FRIDAY, MARCH 21, 1969

2589

On the adoption of the Resolution, by substitute, as amended, the ayes were 101, nays 4.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

SB 96. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act approved March 14, 1963, so as to authorize the Division for Children and Youth of the State Depart ment of Family and Children Services to provide medical, hospital, psy chiatric, surgical or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend SB 96 by striking the period at the end of Section 1 and adding the following:
"provided that no sterilization procedure shall be performed under the provisions of this Act.".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

.SB 198. By Senator Trippe of the 31st:
A Bill to be entitled an Act to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks which go into vol untary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:

2590

JOURNAL OF THE HOUSE,

The House Banks and Banking Committee moves to amend S.B. No. 198 as follows:

By changing the word "three" in the last sentence of Section One to "five", and making the same amendment in the caption.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A Bill to be entitled an Act to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation, so as to provide that any taxpayer of any county who returned or paid taxes in such county for the preceding tax year who fails to return his property for taxation shall be deemed to have returned for taxation the same property at the same valuation as was returned in the preceding tax year; and for other purposes.

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend SB 165 by striking the period at the end of the first sentence of Section 92-6202.1 and adding the following:
"and shall be deemed to have claimed the same homestead exemption as. allowed in the preceding year.",
and by adding the words "or deemed to have been returned" after the. word "returned" in the fifth line of such Section.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 99, nays 2.

FRIDAY, MARCH 21, 1969

2591

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill and Resolution of the Senate and House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HR 357-1014 Do Pass.

SR

80 Do Pass.

Respectfully submitted, Busbee of the 61st, Vice-Chairman.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and amended the calendar for today's business, Friday, March 21, 1969, by adding and submitting the following:
HB 998. State Racing Commission: Create HR 357-1014 Education Study Commission: Create

The Speaker shall have the right to call the above Bill and Resolution in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

2592

JOURNAL OF THE HOUSE,

SR 143. By Senator Coggin of the 35th: A Resolution relative to adjournment; and for other purposes.

The Senate insists on its amendment to the following Bill of the House, to-wit.

HB 611. By Mr. Matthews of the 63rd:
A Bill to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph 1-A of the Constitu tion as amended in 1968; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Com modities Promotion Act", so as to implement Article VII, Section II, Paragraph 1-A of the Constitution as amended in 1968; and for other purposes.

Mr. Matthews of the 63rd moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Collins of the 66th, Reaves of the 71st and Nessmith of the 44th.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

FRIDAY, MARCH 21, 1969

2593

SB 179. By Senators Chapman of the 32nd, Hardy of the 56th and Fincher of the 54th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for venereal disease; and for other purposes.

The following amendment was read and adopted:

Mr. Levitas of the 77th moves to amend SB 179 by adding in Section 1 in the 4th line after the word "surgery", the following "for the treatment of venereal disease and complications thereof".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 184. By Senator Trippe of the 31st:
A Bill to be entitled an Act to amend Code Section 108-417, relating to investments by trustees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A Bill to be entitled an Act to amend an Act which made comprehen sive provision for an integrated tax administration for Georgia, as amended, so as to remove the limitation on the number of motor vehicles which may be purchased; and for other purposes.

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By unanimous consent, further consideration of SB 193 was postponed until Monday, March 24, 1969, immediately after the period of unanimous consents.

SB 245. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend the "Georgia Insurance Code", as amended, so as to provide that surplus funds borrowed by such com panies as therein authorized shall not constitute liabilities of the com panies except as provided herein or as herein authorized; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 99, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 182. By Senator Trippe of the 31st:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the investment from time to time of the proceeds of bonds is sued by any county, etc.;" so as to authorize the investment of bond proceeds in additional types of investments; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 91. By Senators Fincher of the 51st and Chapman of the 32nd:
A Bill to be entitled an Act to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; and lor other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 21, 1969

2595

On the passage of the Bill, the ayes were 105, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 120. By Senator Holloway of the 12th:
A Bill to be entitled an Act creating in each county or municipal cor poration a Development Authority; providing for the membership there of; to repeal conflicting laws; to provide for an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 8.

The Bill, having received the requisite constitutional majority, was passed.

Messrs. Patterson of the 20th, Burruss, Kreeger, Atherton and Wilson of the 117th requested that the Journal record their votes as "nay" on the passage of SB 120.

SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th and others:
A Bill to be entitled an Act to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide an effective date; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide that where a wife is guardian of a spouse, her bond and acts shall be as if she were a femme sole; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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SECTION 1

Code Section 49-602, relating to the appointment of the wife as guardian, is hereby amended by striking said Code Section in its en tirety and inserting in lieu thereof a new Code Section 49-602 to read as follows:

"49-602. Spouse may be guardian.--A spouse, either husband or wife, shall have preference in the appointment, as guardian, except in cases where a husband and wife are living in a bona fide state of separation at the time the application is filed. If a wife is appointed as guardian, her bond and all acts as guardian shall be held and considered as if she were a femme sole."

SECTION 2

This Act shall become effective upon its approval by the Gov ernor or upon its becoming law without his approval.

SECTION 3

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 98, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A Bill to be entitled an Act to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal con flicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The House Banks and Banking Committee moves to amend SB 226 as follows: By adding the following as a final sentence of Section 2:

FRIDAY, MARCH 21, 1969

2597

"This Act shall not apply except to situs for taxation by polit ical subdivisions in this State in which the port of original entry of such property is located."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 99, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 357-1014. By Messrs. Barber of the 15th, Smith of the 43rd and Busbee of the 61st:
A Resolution to create the Education Study Commission; and for other purposes.

By unanimous consent, further consideration of HR 357-1014 was postponed until Monday, March 24, 1969, immediately after the period of unanimous con sents.

SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to indicate which public bodies said Authority may contract with per taining to its purposes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 99, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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Mr. Sweat of the 65th, Vice-Chairman of the Committee on Industry, sub mitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HB 781. Do Pass. HB 782. Do Pass.

Respectfully submitted, Sweat of the 65th Vice-Chairman.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and amended the calendar for today's business, Friday, March 21, 1969, by adding and submitting the following:
HB 781. Lake Lanier Islands Development Commission HB 782. Lake Lanier Islands, Define "Project"
The Speaker shall have the right to call the above Bill and Resolution in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A Bill to be entitled an Act to create the Lake Lanier Islands Develop ment Commission as a commission and agency of the State Government; and for other purposes.

FRIDAY, MARCH 21, 1969

2599

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 102, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "project" and "cost of project"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments thereto:
HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th: A Resolution requesting the State Revenue Commissioner to undertake a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.
The following Senate amendment was read:
Senator Spinks of the 9th moves to amend HR 285, as follows:
By striking in the title the period and inserting in lieu thereof a semicolon, and inserting after said semicolon the following:
"to authorize the governing authority of each county and municipality to require a permit to a mobile home or relocated home intended to be used as a residence being located within such county or municipality; and for other purposes."

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And, by adding at the end thereof the following:

"BE IT FURTHER RESOLVED that the governing authority of each county and municipality in this State is authorized and em powered to provide by appropriate ordinances or resolutions for the procedures whereby the owner of a mobile home or a relocatable home shall be required to obtain from such governing authority a permit authorizing the location within the respective confines of any such county or municipality a mobile home or relocatable home intended to be used by the owner thereof as a residence. Such gov erning authorities are also empowered to require from the owner of a mobile home or relocatable home used as a residence a permit authorizing the relocation of such mobile home or relocatable home within the county or municipality or beyond the confines of such municipality or county prior to such vehicle being permitted to be so relocated. Each permit shall be issued by such governing au thority upon request by the owner if all applicable taxes have been paid.

"BE IT FURTHER RESOLVED that it is the intent of this Resolution to assist governing authorities in accurately preparing and checking the returns of mobile or relocatable homes, for tax purposes, and this Resolution shall in no way modify or affect existing zoning ordinances or laws. Such governing authorities are also authorized and empowered to provide appropriate penalties for the failure of any person to comply with the ordinances or resolu tions adopted pursuant to the authority of this Resolution.

"BE IT FURTHER RESOLVED that such governing author ities are also empowered to require that the owners of mobile homes or relocatable homes used as residences which are presently located within their respective jurisdictions must register such mobile homes or relocatable homes with such governing authorities and obtain a registration certificate.

"BE IT FURTHER RESOLVED that such governing author ities are empowered to exercise such additional powers and duties as are necessary to effectuate the purposes of this Resolution."

Mr. Hale of the 1st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The motion prevailed, and the Senate amendment to HR 285 was agreed to.

HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to

FRIDAY, MARCH 21, 1969

2601

the preparation for and conduct of primaries and elections, so as to re organize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government offers the following amendment to House Bill 563.
By deleting the period at the end of Section 26 and adding the following:
"and add in subsection (a) of renumbered Code Section 341326, after 'posted for the information of the public outside the polling place,' the following words, 'one shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a primary,'.
so that when so amended subsection (a) of Code Section 34-1326 shall read as follows:
"(a) Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be im mediately posted for the information of the public outside the polling place, one shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State in the case of elec tions, or the state party in the case of primary, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officers shall then replace all the ballots cast, so counted and canvassed, in the ballot baxes, including those declared void, spoiled, and cancelled, together with the voter's certificates, one set of tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any elec tion district until the ballot boxes therefore, as well as the package of unused ballots and other election supplies therefrom are so delivered."
By deleting the period at the end of Section 29 and adding the following
"And add in subsection (a) of renumbered Code Section

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34-1333, after, 'posted on the door of the polling place with such statement;' the following words, 'one shall be returned with a dis trict return sheet sealed in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a primary;"

so that when so amended subsection (a) of Code Section 34-1333 shall read as follows:

"(a) The general return sheets, duplicate return sheets, and statement, shall be printed to conform with the type of voting machine used, and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. Duplicate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others, shall be sealed up and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written or affixed in or upon the voting machine, to the superin tendent. If the type of voting machine is equipped with mechanism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be returned with a district return sheet sealed in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a primary; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the superintendent. The printed proof sheet returned with the general return sheet, and the printed proof sheet returned with the duplicate return sheet, shall each be part of the return of the primary or election."

Mr. McCracken of the 36th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 106, nays 0.

The motion prevailed, and the Senate amendment to HB 563 was agreed to.

HB 811. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell. . .", so as to change the compensation to be paid the Commissioner of Roads and Revenues of Mitchell County; and for other purposes.

FRIDAY, MARCH 21, 1969

2603

The following Senate amendment was read:

Senate County and Urban Affairs Committee offers to amend HB 811 as follows:

By striking from Section 1 the following:

"not less than fifty dollars and not more than two hundred dollars",

wherever the same shall appear, and inserting in lieu thereof the following:

"not less than fifty dollars and not more than one hundred fifty dollars".

And by striking from Section 1 the following:

"not less than fifty dollars and not more than two hundred and fifty dollars",

wherever the same shall appear, and inserting in lieu thereof the following:

"not less than fifty dollars and not more than one hundred seventy-five dollars",

so that when so amended Section 1 shall read as follows:

"Section 1. That from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved February 20, 1873, providing for a County Board of Commissioners for the County of Mitchell and defining the powers and duties there of, and all acts amendatory thereof, be and said original act of 1873, as aforesaid, and all amendatory acts thereof, are hereby amended by striking from Section 1 of the amendatory Act of 1958, approved February 14, 1958, (Ga. L. 1958, pp. 2040 et seq.) the words 'one hundred dollars' in line seventeen thereof, and inserting in lieu thereof, 'not less than fifty dollars and not more than one hundred fifty dollars,' and by striking the words 'one hundred twenty-five dollars' in line twenty thereof, and inserting in lieu thereof the words, 'not less than fifty dollars and not more than one hundred seventy-five dollars,' so that said original act, and amendatory acts, relating to compensation of members and chairman of Board of Commissioners of Roads and Revenues of Mitchell County, Geor gia, as finally amended, will read as follows: 'Each Commissioner of Roads and Revenues of said County of Mitchell as provided for in this Act shall receive for his services the sum of not less than fifty dollars and not more than one hundred fifty dollars per month; provided, that the chairman so elected by the Board of Commission ers of Roads and Revenues of said county shall receive the sum of not less than fifty dollars and not more than one hundred seventyfive dollars per month; said sums to be paid out of the treasury of

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said county upon warrants duly drawn by said Board of Commis
sioners of said county, all other provisions of said original and amendatory acts to remain the same."

Mr. Collins of the 62nd moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 811 waa agreed to.

HB 788. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.

The following Senate amendment was read:
County and Urban Affairs Committee offers to amend HB 788 as follows:
By striking in its entirety Section 26, and by renumbering Sections 27, 28 and 29 as Sections 26, 27 and 28, respectively.

Mr. Cato of the 68th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 788 was agreed to.

HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.
The following Senate amendment was read:

FRIDAY, MARCH 21, 1969

2605

County and Urban Affairs offers to amend HB 502 as follows:

By striking from the first sentence of quoted Section 3N, which Section is quoted in Section 2 of said bill, the following words:
"the corporate limits of the City of Austell shall include the following tract"
and substituting in lieu thereof the following:
"the corporate limits of the City of Austell shall include the following tracts".
And, by adding at the end of said quoted Section 3N the following:
"All that tract or parcel of land lying and being in Land Lot Nos. 138 and 139 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGIN NING at a point where the south side of Franklin Street is inter sected by the center line of Bowden Street and running thence west along the south side of Franklin Street for a distance of 660 feet, more or less; running thence south 0 degrees 23 minutes west for a distance of 781.6 feet to a point located on the north side of Line Street; running thence north 88 degrees 33 minutes west for a. distance of 242.86 feet to a point; running thence north 0 degrees 23 minutes east for a distance of 110 feet to a point; running thence north 89 degrees 04 minutes west for a distance of 438.07 feet to a point; running thence south 89 degrees 27 minutes west for a dis tance of 175 feet to a point; running thence south 0 degrees 45 min utes east for a distance of 150 feet to a point located on the south line of said Land Lot No. 138; running thence south 89 degrees 27 minutes west for a distance of 369.24 feet to a point; running thence north 1 degree 17 minutes west for a distance of 387.07 feet to a point and corner; running thence north 44 degrees 04 minutes west for a distance of 669.17 feet to a point located on the south erly side of the right-of-way of the Southern Railroad; running thence north for a distance of 200 feet to the northerly side of the right-of-way of the Southern Railroad; running thence easterly and northeasterly following the curvature of the northerly side of the right-of-way of the Southern Railroad for a distance of 1754.82 feet, more or less, to a point; running thence south for a distance of 200 feet to a point located on the south side of the right-of-way of the Southern Railroad; running thence south 0 degrees 23 min utes west for a distance of 385.56 feet to a point located on the north side of Franklin Street; running thence east along the north side of the right-of-way of Franklin Street for a dfetance of 660 feet more or less, to the center of Bowden Street; running thence south along the center of Bowden Street to the point of beginning."

Mr. Kreeger of the 117th moved that the House agree to the Senate amend ment.

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JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 502 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 830. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide for holding four terms a year of the Superior Court of Decatur County, Georgia; to prescribe the terms and time for convening and holding said terms; to prescribe how and when grand juries shall be required to attend said Court; to designate and name said terms of Court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. That on and after the effective date of this Act, the Superior Court of Decatur County, Georgia, in the South Georgia Judi cial Circuit, shall have four (4) regular terms of Court in each year, covening on the first Monday in February, the first Monday in May, the first Monday in August, and the first Monday in November, pro vided there shall be no adjournment of either of said four (4) terms until so ordered by the presiding judge or by operation of law, and pro vided further that nothing herein shall be construed to preclude the holding of adjourned, or special terms of Court as provided by statute.
Section 2. All of said terms of said Court are hereby designated as trial terms, and any issue, cause or proceeding of which the Superior Court of Decatur County has jurisdiction may legally be heard, tried and determined at any of the said four (4) terms of Court as provided by law.
Section 3. The presiding judge of said Court shall draw grand juries for the May and November terms of said Court and in his dis cretion he may draw grand juries for either, or both, of the February and August terms of said Court, either in terra, time or vacation.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

FRIDAY, MARCH 21, 1969

2607

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Cato of the 68th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate substitute to HB 830 was agreed to.

The following Resolutions of the House were read and adopted:
HR 290. By Messrs. Hudson of the 48th, Rainey of the 47th, Rush of the 51st and Smith of the 3rd:
A RESOLUTION
Creating the Water Pollution Study Committee; and for other pur poses.
WHEREAS, the rivers and lakes of this State have served the citizens of Georgia since the beginning of the State as sources of fishing, boating, swimming, and other recreational pursuits; and
WHEREAS, the fish in said rivers and lakes have been a source of food down through the years; and
WHEREAS, due to the dumping of untreated sewage and indus trial waste in the rivers and lakes of Georgia, many rivers and lakes have become unsuitable for fishing, boating, swimming, and other re creational pursuits; and the citizens of Georgia are demanding that steps be taken to stop the pollution of our rivers and lakes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Water Pollution Study Committee to be composed of seven members of the House to be appointed by the Speaker. The members shall study the problems relative to the pollution of the rivers and lakes of this State and related matters. The Committee shall seek the advice of experts in the field of pollution control, and may hold public hearings if it deems such hearings advis able. The members of the Committee shall receive the allowances au thorized for legislative members of legislative interim committees, but shall receive the same for not more than 10 days. The funds necessary to effectuate the provisions of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The Committee shall make a report of its findings and recommenda tions on or before December 1, 1969, on which date the committee shall stand abolished.

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HR 282. By Mr. Hill of the 97th:

A RESOLUTION

Creating the Metropolitan Airport Council Study Committee; and for other purposes.

WHEREAS, airport planning and construction in the United States is increasing at a rapid rate; and

WHEREAS, approximately a dozen cities in the United States are presently planning or constructing international airports; and

WHEREAS, there is a need for a Metropolitan Airport Council in the metropolitan Atlanta area to plan for the future construction of an international airport in the Atlanta area as well as the future construc tion of several general aviation airports.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Metropolitan Airport Council Study Committee to study the feasibility of establishing a Metropolitan Airport Council in any county or municipality having a population of 500,000 or more according to the United States decennial census of 1960 or any such future census. The committee shall be com posed of 5 members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to continue the study of a similar legislative committee which functioned during 1968. The committee shall also be authorized to study all other matters relating to the establishment of a Metropolitan Airport Council. The committee is further authorized to conduct meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, per form its duties and accomplish the objectives and purposes of this resolu tion. The committee shall receive the allowances authorized for legis lative members of interim legislative committees, but shall receive the same for not more than 20 days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as may be recom mended by the committee, to the 1970 session of the General Assembly of Georgia.

HR 289. By Messrs. Collins of the 62nd, McDaniell, Atherton, Kreeger and Burruss of the 117th, Johnson of the 29th, Anderson and Holder of the 49th and many others:
A RESOLUTION
Relative to adequate parking facilities at the State Capitol complex; and for other purposes.

FRIDAY, MARCH 21, 1969

2609

WHEREAS, during the sessions of the General Assembly, there is a critical shortage of parking facilities readily available to the State Capitol complex to members of the General Assembly and their consti tuents; and

WHEREAS, it is imperative that access to the deliberations of the General Assembly be made readily available to all persons wishing to avail themselves of the privilege of observing the legislative process.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Parking Facilities Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Com mittee shall make an inventory of available parking facilities adjacent to the State Capitol complex and shall make a thorough and exhaustive study into the advisability of providing and procuring additional park ing facilities for said complex. The Committee shall be authorized to meet not in excess of ten days. The members of the Committee shall receive the per diem, allowances and compensation authorized for legisla tive members of interim study committees. The Committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished.

HR 330. By Messrs. Adams of the 100th, Johnson of the 29th, Anderson of the 49th, Smith of the 39th, Bohannon of the 20th, Williams of the llth and others:
A RESOLUTION
Creating the Committee to Study the Motor Vehicle Inspection Laws; and for other purposes.
WHEREAS, the Motor Vehicle Inspection Law of Georgia has been attacked from many quarters on grounds that it is not effectively doing the job for which it was designed; and
WHEREAS, the law has been amended several times over the years, and yet there still seem to be numerous objections; and
WHEREAS, there are motor vehicle inspection laws in other States which are successful, and it would be extremely worthwhile for several members of the House to familiarize themselves with Georgia's law and then to investigate the administration of other States' laws to deter mine why those laws are successful.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created the "Committee to Study the Motor Vehicle Inspection Laws", to be com posed of ten (10) members of the House of Representatives chosen by the Speaker; the Speaker shall select the chairman.

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JOURNAL OP THE HOUSE,

The Committee shall study and familiarize itself with the Georgia Motor Vehicle Inspection Laws and then inquire of other States which have had success with their laws, as to the manner and means by which they administer their laws. It shall be the Committee's duty to discover why the laws of other States are successful and to make recommendations in order to make Georgia's laws effective and ef ficient. The Committee shall make such recommendations as it deems necessary in a report to the General Assembly on or before December 31, 1969, at which time the Committee shall stand abolished.

The Committee members shall be paid such expenses and allow ances as are authorized to members of interim legislative committees, but for no longer than 20 days unless an extension is authorized by the Speaker. All funds for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

HR 331. By Messrs. Ware of the 30th and Pelton of the 95th:
A RESOLUTION
Creating the State Claims Study Committee; and for other purposes.
WHEREAS, the General Assembly is called upon to consider a large number of compensation resolutions each session, and the claims upon which such resolutions are based are presently processed through the Claims Advisory Board, which was created by the General Assem bly for such purposes; and
WHEREAS, for many years the procedure for handling claims against the State has been discussed by members of the General As sembly and various proposals relative thereto have been offered; and
WHEREAS, the basic point involved is the fact that the Govern ment is immune from suit unless it grants permission for action to be taken.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Claims Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee shall study the entire pro cedure relative to claims against the State and all proposals concern ing the subject. It shall study the possibility of creating a Claims Court or providing insurance coverage, or other possibilities for proc essing such claims. The Committee shall seek the advice and counsel of the Claims Advisory Board and the Legislative Counsel. The Com mittee shall study the laws of other states on such subject and the administration of such laws. The Committee is hereby authorized to engage in travel both within and without the State in conducting its study. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 15 days. The Committee

FRIDAY, MARCH 21, 1969

2611

shall make a report of its findings and recommendations on or before December 1, 1969, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of the government.

HR 332. By Messrs. Rainey of the 47th, Whaley of the 93rd, Colwell of the 5th, Grahl of the 40th, Mullinax of the 30th, Parker of the 46th and Nash of the 13th:
A RESOLUTION
Creating the Shrimp Fishing Study Committee; and for other pur poses.
WHEREAS, the shrimp fishing industry is of great economic and commercial importance to the State of Georgia; and
WHEREAS, all reasonable steps should be taken to preserve, pro tect and further develop this important industry; and
WHEREAS, there are many complex aspects of the shrimp fish ing industry that should be thoroughly understood by the members of the General Assembly in order for them to act in the best interests of the people of the State of Georgia when considering measures coming before them affecting the shrimp fishing industry.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Shrimp Fishing Study Committee to be composed of seven members of the Game and Fish Committee of the House of Representatives to be appointed by the Speaker of the House of Representatives. Said Committee shall be authorized to study all matters relating to the preservation, protection and the further development of the shrimp fishing industry of the State of Georgia.
BE IT FURTHER RESOLVED that each member of the commit tee shall be authorized to receive the expenses and travel allowances authorized by law for legislative members of interim legislative com mittees. Each member of the committee shall receive such expenses and travel allowances from the funds appropriated to or otherwise available to the legislative branch of government. Such expenses or travel allowances shall not be received for more than fifteen (15) days.
BE IT FURTHER RESOLVED that the committee shall make a re port of its findings and recommendations, which shall be accompanied by such proposed legislation as might be recommended by said com mittee. Such report shall be made on or before the day the 1970 ses sion of the General Assembly convenes and said Committee shall stand abolished as of the day said 1970 session convenes.

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HR 333. By Messrs. McCracken of the 36th and Howell of the 60th:

A RESOLUTION
Creating the Office of the Comptroller General Study Committee; and for other purposes.
WHEREAS, during the present 1969 session of the Georgia Gen eral Assembly, House Bills 357, 358 and 359 have been introduced; and
WHEREAS, these said bills provide for a transfer of certain pow ers, duties and responsibilities presently vested in the Comptroller General to other agencies and departments of State government; and
WHEREAS, the areas of activities presently supervised by the Comptroller General and affected by said bills are of vital importance to the welfare of the citizens of the State of Georgia; and
WHEREAS, a thorough and exhaustive study of the advisability of the enactment of House Bills 357, 358 and 359 is imperative before action is taken thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Office of the Comptroller General Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker there of. The Committee shall make a thorough and exhaustive investigation into the advisability and all ramifications embraced within the enact ment of House Bills 357, 358 and 359. The Committee shall be autho rized to meet for a period not in excess of ten (10) days. The Com mittee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The members of the Committee shall receive the compensa tion, per diem, expenses and allowances authorized for legislative mem bers of interim study committees.

HR 334. By Messrs. Kreeger, Housley, McDaniell, Atherton, Wilson, Henderson and Burruss of the 117th:
A RESOLUTION
Urging the State Highway Department to make a study to deter mine the most desirable entrance and exit patterns so as to provide for the safety of individuals using 1-75, 1-285, U. S. #141 and Spring Road near Smyrna, Georgia.
WHEREAS, traffic leaving 1-75 and 1-285 must cross eight lanes of traffic on U. S. #41 to enter Spring Road; and
WHEREAS, north bound traffic leaving U. S. #41 must cross four lanes of traffic to enter Spring Road; and

FRIDAY, MARCH 21, 1969

2613

WHEREAS, traffic leaving Spring Road to enter U. S. #41 is subjected to long lines of traffic on U. S. #41, causing a back-up to Campbell Road; and

WHEREAS, five separate accidents have occurred in this area since December 1, 1968; and

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the State High way Board to make a study to determine the safest entrance and exit pattern so as to provide for the safety of individuals using 1-75, 1-285, U. S. #41 and Spring Road.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Chairman and members of the State Highway Board of Georgia.

HR 335. By Messrs. Whaley of the 93rd, Rainey of the 47th, Rush of the 51st, Phillips of the 38th, Adams of the 100th, Bostick of the 63rd and others:
A RESOLUTION
Creating the Striped Bass Study Committee; and for other pur poses.
WHEREAS, a previous interim study committee on striped bass has made preliminary findings that the development of an adequate striped bass fishing industry could increase tourism expenditures in this State by an estimated 10 million dollars annually; and
WHEREAS, there are many other benefits that the citizens of our State would derive from the development of a striped bass fishing industry; and
WHEREAS, said previous committee expressed the firm belief that this matter should be given further study by the General Assembly in cooperation with personnel of the State Game and Fish Commission in order to insure that Georgia fully realizes the great potential avail able to it in the development of an adequate striped bass fishing in dustry-
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Striped Bass Study Committee to be composed of six members of the Game and Fish Committee of the House of Representatives to be appointed by the Speaker of the House of Representatives. Said Committee shall con tinue to study the matters relating to the development of a striped bass fishing industry in the State of Georgia and shall be authorized to cooperate with personnel of the Game and Fish Commission in carry ing out its duties and responsibilities.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that each member of the commit tee shall be authorized to receive the expenses and travel allowances authorized by law for legislative members of interim legislative com mittees. Each member of the committee shall receive such expenses and travel allowances from the funds appropriated to or otherwise avail able to the legislative branch of government. Such expenses or travel allowances shall not be received for more than ten (10) days.

BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which shall be accom panied by such proposed legislation as might be recommended by said committees. Said Committee shall stand abolished as of the day said 1970 session convenes.

HR 336. By Messrs. Adams of the 100th, Rainey of the 47th, Parker of the 46th, Mullinax of the 30th and others:
A RESOLUTION
Creating the Committee to study the feasibility of creating a separate Division within the Game and Fish Commission for the regu lation of boating; and for other purposes.
WHEREAS, the Game and Fish Commission is presently in charge of registering boats and maintaining the laws, rules and regulations which relate to boats and
WHEREAS, the Commission's operations concerning boats have gotten so widespread and large, that it appears that the said opera tions could be more efficiently administered if a separate boating divi sion were created within the Game and Fish Commission; and
WHEREAS, many of the States surrounding Georgia have separate boating departments within their respective Game and Fish Commis sions, and, from all accounts, these administrative bodies have found the arrangement successful; and
WHEREAS, it would be a meritorious use of legislators' time and energies to determine the feasibility of creating a separate boating division within the State Game and Fish Commission of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Game and Fish Boating Division Study Committee" to be composed of ten members of the House of Representatives chosen by the Speaker.
The Committee shall do all things necessary or desirable to enable it to determine the feasibility of creating a separate division within the State Game and Fish Commission, which division shall be in charge of all activities relating to boats.

FRIDAY, MARCH 21, 1969

2615

The Committee shall prepare a report of its findings and submit same to the Clerk of the House for printing on or before December 1, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive such expenses and allowances as are authorized to legislative members of interim com mittees, but for no longer than 20 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of State Government.

HR 337. By Messrs. Collins of the 72nd, Alexander of the 108th, Daugherty of the 109th, Thomason of the 77th, Davis and Floyd of the 75th:
A RESOLUTION
Creating the Georgia Administrative Procedure Act Study Com mittee; and for other purposes.
WHEREAS, there have been objections concerning the Georgia Administrative Procedure Act on grounds that the Act excludes too many Georgia Departments and agencies; and
WHEREAS, many of the Departments and agencies which are cov ered by the Act have objected to the various strict requirements con tained in the Act; and
WHEREAS, it would be extremely worthwhile for a five-man in terim House Committee to familiarize itself with the various provi sions of the Administrative Procedure Act to see if it should be amended in such a manner as to meet the above objections.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Georgia Ad ministrative Procedure Act Study Committee", to be composed of five members of the House of Representatives chosen by the Speaker.
The Committee shall study the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended, to see whether its coverage should be extended to one or more of the various Departments and agencies of State Government which are not now covered, and to see whether some of the Act's provisions operate to hamper administrative procedures and at the same time do not serve the constitutional re quirement that persons affected be afforded due process of law.
The Committee may elicit testimony from State Department and agency officers and personnel, and may consult with experts in order to arrive at meaningful and proper decisions.

2616

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The Committee shall prepare a report of its findings and recom mendations which shall be submitted for publication to the Clerk of the House on or before December 1, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive such expenses and allowances as are authorized to legislative members of interim com mittees, but for no longer than 10 days, unless an extension is granted by the Speaker.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the legislative branch of the State government.

HE 338. By Mr. Levitas of the 77th:
A RESOLUTION
Creating a Committee to Study the Distribution, Preservation, and Bibliographical Control of the Official Publications of the State of Georgia; and for other purposes.
WHEREAS, the preservation, distribution and bibliographical con trol of the official publications of the State of Georgia have been ac complished on a haphazard basis with no orderly processes involved; and
WHEREAS, it is imperative that study be given to the procedure for such distribution, preservation and control with a view towards possible legislation in this area; and
WHEREAS, such a study would prove to be of great benefit to the State and to the members of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to Study the Distribution, Preservation, and Bibliographical Control of the Official Publications of the State of Georgia. The Committee shall be composed of seven members as follows: Four members of the House to be named by the Speaker, the State Librarian, the Director of the Department of Archives and a member of the Georgia Library Asso ciation to be appointed by the President of that Association. The Committee shall study all matters relative to the distribution, preserva tion and bibliographical control of the official publications of the State of Georgia. The Committee shall study the laws of other states con cerning this subject and shall consult with persons knowledgeable in this field. The legislative members of the Committee shall receive the allowances authorized by law for legislative members of interim legis lative committees but shall receive the same for not more than ten days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legis-

FRIDAY, MARCH 21, 1969

2617

lative branch of government. The Committee shall make a report of its findings and recommendations on or before December 1, 1969, on which date the Committee shall stand abolished.

HR 345. By Messrs. Mullinax of the 30th, Rainey of the 47th, Dickinson of the 118th, Toles of the 9th, Peters of the 2nd, Edwards of the 45th and Adams of the 100th:
A RESOLUTION
Creating the Alligator Study Committee; and for other purposes.
WHEREAS, the alligator population in Georgia is declining at an alarming rate; and
WHEREAS, the alligator poachers are continuing to make heavy inroads into the number of alligators in Georgia, and poachers are finding a lucrative market for alligator hides; and
WHEREAS, there is at least one farm which is growing alligators commercially in Georgia for the purpose of furnishing a legal supply of alligator hides; and
WHEREAS, the General Assembly is in need of information in order that appropriate legislation can be adopted which will assist law enforcement officials in preventing continued poaching of alligators.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Alligator Study Committee. The committee shall be composed of not more than ten members of the House of Representatives to be appointed by the Speaker thereof. The committee shall be authorized to study all mat ters relating to the decline in the alligator population in Georgia and the potentials for additional alligator farms in this State. The com mittee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the com mittee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.

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HR 346. By Messrs. Brantley of the 114th, Marcus of the 105th, Levitas of the 77th, Townsend the 115th and Ezzard of the 102nd:

A RESOLUTION

Creating a Committee to investigate the traffic of narcotics in the various Atlanta metropolitan area high schools; and for other purposes.

WHEREAS, there are reports from various creditable people in the Atlanta area which indicate strongly that the high schools in the Atlanta area are becoming breeding grounds for narcotics addicts; and

WHEREAS, these reports have not been printed in the newspapers, nor have any other news media attempted to bring these reports to the attention of the people; and

WHEREAS, it is incumbent upon the General Assembly, as guard ians of the State's police powers, to determine for itself whether the laws prohibiting the possession and use of narcotics are being admin istered properly, or at all, in regard to the young people of the State; and

WHEREAS, it would be a most worthwhile use of legislators' time and energies to investigate and determine whether or not narcotics are fresly flowing in and around the high schools of Atlanta, and, if the investigation reveals that they are, to propose a method and means by which these harmful and hazardous goings-on can be eliminated.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Atlanta Metro politan Area High Schools Narcotics Study Committee" to be com posed of five members of the House chosen by the Speaker.

It shall be the Committee's study to investigate and ascertain whether or not the students of the various high schools in the Atlanta metropolitan area are able to easily obtain narcotics, and if the Com mittee's investigation reveals that narcotics are freely flowing in and about the said high schools, it shall have the further duty to propose ways and means to eliminate such narcotic traffic, either through legis lation or by any other constitutional method available to the Com
mittee.

The members of the Committee shall receive such expenses and allowances as are authorized to members of interim legislative com mittees, but for no longer than 10 days, unless an extension is granted by the Speaker.

The Committee shall prepare a report of its findings and recom mendations which shall be submitted to the Clerk of the House for

FRIDAY, MARCH 21, 1969

2619

printing on or before December 5, 1969, at which time the Committee shall stand abolished.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

HR 361. By Messrs. Buck and Jones of the 84th:
A RESOLUTION
Designating Miss Georgia as the "Official Hostess for the State of Geoigia"; and for other purposes.
WHEREAS, Miss Georgia is elected annually at the Miss Georgia Pageant which is sponsored, produced and directed by the Miss Georgia Pageant Corporation; and
WHEREAS, the winner of the Miss Georgia Pageant represents and promotes the State of Georgia in various capacities by appearing on television, riding floats in parades, and welcoming tourists at the Georgia Welcome Centers; and
WHEREAS, the State of Georgia would benefit by officially desig nating the winner of the Miss Georgia Pageant each year as the "Of ficial Hostess for the State of Georgia".
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does hereby designate the winner of the Miss Georgia Pageant each year as the "Official Hostess for the State of Georgia".
BE IT FURTHER RESOLVED that the Official Hostess is hereby requested to represent the State of Georgia at State functions and on such other occasions as her services may be requested by the Tourist Division of the Department of Industry and Trade.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to the Miss Georgia Pageant Corpo ration.

The following Resolution of the House was read:

2620

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HR 358. By Messrs. Shanahan of the 8th, Ross of the 26th, Moate of the 28th, Longino of the 98th and Gaynor of the 88th:

A RESOLUTION
Creating the Bank Holding Company Study Committee; and for other purposes.

WHEREAS, it has come to our attention that banks operating under the State Bank Holding Company Act have been acquiring stock in banks in which the holding Company owns the legal 5 percent maxi mum through purchases by officers, directors, and employees; and

WHEREAS, this is contrary to the intent of the law; and

WHEREAS, it is the desire of the members of this body to studythe Bank Holding Company Act in Georgia and to make recommenda tions to eliminate this practice.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Bank HoldingCompany Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to study the bank holding company laws in Georgia, the bank holding company laws in other states, and the federal bank holding company laws. The com mittee may hold such meetings at such places and at such times as it con siders expedient and many do all other things consistent with this resolu tion which are necessary or convenient to enable it to fully and effec tively exercise its powers, perform its duties and accomplish the ob jectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of in terim legislative committees, but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of thia resolution shall come from the funds appropriated to or available tothe legislative branch of the government. The committee shall make a report of its findings, recommendations and suggestions for proposed legislation, if any, to the 1970 Session of the General Assembly, at which time the committee shall stand abolished.

The following Committee amendment was read and adopted:
The Committee on Banks and Banking moves to amend HR 358 by substituting the words "ten members" for the word "five members'.

The Resolution, as amended, was adopted.

The following Resolutions of the House were read and adopted:

FRIDAY, MARCH 21, 1969

2621

HR 365. By Messrs. Farmer and Matthews of the 16th and Jones of the 84th:

A RESOLUTION
Expressing regret at the passing of Mr. Ralph Mattox Snow; and for other purposes.
WHEREAS, Mr. Ralph Mattox Snow, one of the outstanding citi zens of the City of Athens, passed away on Sunday, March 16, 1969; and

WHEREAS, Mr. Snow was a former Mayor of the City of Athens, having served for two terms from January, 1958 until January, 1962; and

WHEREAS, he was widely recognized for his achievements in the business world and served as Chairman of the Board of Directors of Dixie Cap Rubber Sales and as President of Southeastern Rubber Manufacturing Company and Snow Tire Company; and

WHEREAS, his remarkable business ability was used to the great benefit of the people of Athens during his service as Mayor because of the many modern reforms he made in the management of the affairs of the City; and

WHEREAS, his ability was by no means limited to the business world because his administration as Mayor was marked by sound gov ernment in all respects and by a fair and just consideration of all mat ters coming before him; and

WHEREAS, his survivors include his widow, Mrs. Louise Hencely Snow; two daughters, Mrs. David W. Dwyer, Athens, and Mrs. Roy Segars, Jr., Atlanta; a son, Ralph M. Snow, Jr., Athens; his father, H. M. Snow, Atlanta.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Mr. Ralph Mattox Snow and ex tend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy of this Resolution to Mrs. Louise Hencely Snow, Mrs. David W. Dwyer, Mrs. Roy Segars, Jr., Ralph M. Snow, Jr., and H. M. Snow.

HR 366. By Messrs. Morris and Bell of the 73rd, Floyd of the 75th, Geisinger of the 72nd and others:
A RESOLUTION
Commending Francis Robert Prybylowski; and for other purposes.
WHEREAS, Mr. Francis Robert Prybylowski was selected as the

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JOURNAL OF THE HOUSE,

"Engineer of the Year" in 1968 by the Georgia Society of Professional Engineers; and

WHEREAS, he received his B.S. of Civil Engineering Degree from the Georgia Institute of Technology in June, 1953; and

WHEREAS, he was employed by the State Highway Department from 19533-1958 and in 1959 he founded his own firm which has won several national awards; and

WHEREAS, he is past President of the Georgia Section of the American Society of Civil Engineers; and

WHEREAS, he is a member of several professional organizations and has served as the Chairman, President, Secretary and Director of various committees and sections; and
WHEREAS, he was in complete charge of all civil engineering responsibilities for the Cincinnati-Hamilton County Sports Stadium; the Atlanta Stadium; 40 expressway-type bridges in the Atlanta area; feasibility studies, roads, bridges, and railroad relocations at dam bridges in Georgia; and the widening of the existing old filled spandrel arch bridge over the Chattahoochee River in Fulton County which re quired an unusual solution; and
WHEREAS, it is the desire of the members of this body to recog nize this talented young Engineer for his outstanding accomplishments and achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Francis Robert Prybylowski upon being named as the "Engineer of the Year" in 1968 and extends to him best wishes in his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to Mr. Francis Robert Psybylowski.

HR 367. By Mr. Sweat of the 65th:
A RESOLUTION
Expressing regret at the passing of Honorable Robert E. Lee, Sheriff of Ware County; and for other purposes.
WHEREAS, Honorable Robert E. Lee, Sheriff of Ware County, passed away on March 7, 1969; and

FRIDAY, MARCH 21, 1969

2623

WHEREAS, Sheriff Lee was first elected in 1956 and served the people of Ware County continuously from that time until his passing; and

WHEREAS, he was one of the founders of the Georgia Sheriff's Boys Ranch at Hahira and served that organization with great dedica tion for many years; and

WHEREAS, he was Secretary-Treasurer of the Georgia Sheriff's Association for several terms and also served the Association as head of the Legislative Committee; and

WHEREAS, he was a native and lifelong resident of Ware County and was one of the most respected and popular public officials that ever served the county; and

WHEREAS, he believed in law enforcement tempered with com passion and his office was characterized by sympathy, understanding and a sincere desire to be helpful to the citizens he served; and

WHEREAS, his loss came as a severe blow to the citizens of Ware County and his ability and dedication to the public interest will be sorely missed by the people of his community.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable Robert E. Lee, Sheriff of Ware County, and extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to his widow, Mrs. Marie Lee; his daughter, Mrs. Sharon Elaine Brinkley of Athens and to each of his sons, Mr. Robert E. Lee, Jr., and Mr. Charles Lamar Lee, both of Waycross.

HR 368. By Messrs. Clarke of the 33rd, Smith of the 39th and Dailey of the 53rd:
A RESOLUTION
Expressing sympathy at the passing of Honorable John Dozier (Bud) Pope; and for other purposes.
WHEREAS, Honorable John Dozier (Bud) Pope of Butts County recently passed away; and
WHEREAS, he was sheriff of Butts County for twenty-one years and was one of Georgia's most widely-known law enforcement officials; and

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JOURNAL OP THE HOUSE,

WHEREAS, he was elected for a new four-year term of office be ginning January 1, 1969; and

WHEREAS, he rendered an outstanding service to the people of Butts County as their sheriff, and his passing is a great loss to all those who knew him; and

WHEREAS, he is survived by his widow, Mrs. Mary Mackey Pope; three sons, Mr. John D. Pope, Jr., Mr. Gary 0. Pope, and Mr. Joseph Eugene Pope; three sisters, Mrs. Lunette Eslinger, Mrs. Fannie Gallo
way, and Mrs. Ruth Sellers; four brothers, Mr. Lawrence Pope, Mr. Foster Pope, Mr. Harris Pope, and Mr. W. D. Pope, Jr.; and two grand children, several nieces and nephews.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable John Dozier (Bud) Pope, and sympathy is hereby extended to the members of this family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to his widow, Mrs. Mary Mackey Pope.

HR 369. By Messrs. Matthews of the 16th, Smith of the 43rd, Melton of the 32nd, Winkles of the 96th, Felton and Hawes of the 95th:
A RESOLUTION
Expressing regrets at the passing of Rutherford L. Ellis; and for other purposes.
WHEREAS, on March 6, 1969, Rutherford L. Ellis, an honored and distinguished citizen of the State of Georgia, passed away; and
WHEREAS, Rutherford L. Ellis was a lifelong citzen of the City of Atlanta, and during his long and eventful career he was an outstand ing leader of the business and civic community of his city and State; and
WHEREAS, he served for eleven years as a member of the Board of Regents of the University System; and
WHEREAS, the untimely death of Rutherford L. Ellis will deprive the citizens of the State of Georgia of one of its most valuable con tributors to this State's business and civic community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the passing of Honorable Rutherford L. Ellis, a distinguished and outstanding citizen of the State of Georgia.

FRIDAY, MARCH 21, 1969

2625

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an. ap propriate copy of this Resolution to Mrs. Rutherford L. Ellis.

HR 370. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Alien Smith; and for other purposes.
WHEREAS, Alien Smith, the son of Mr. and Mrs. Jimmy Smith, Taylor County, won a trip to Spain and Portugal this last summer for selling the most subscriptions to the Macon newspapers and the MiddleGeorgia areas; and
WHEREAS, Alien Smith is a freshman at Taylor County High School, a member of the basketball team, and was recently elected to the Beta Club; and
WHEREAS, Alien Smith is an active member of the Butler Baptist Church, where he is a member of the Youth Choir and the Royal Am bassadors.
NOW, THEREFORE. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Alien Smith for his enterprise and resourcefulness, and does hereby extend to him its every wish for continued success.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Alien Smith.

HR 371. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Miss Laurice Aultman; and for other purposes.
WHEREAS, Miss Laurice Aultman, assistant cashier of the Citi zens State Bank of Reynolds, Georgia, is planning to retire on May 1, after 43 years of honorable and dedicated service; and
WHEREAS, Miss Aultman came to the bank in 1924, and has dedicated her life to it and watched it grow over the years; and
WHEREAS, a life-long resident of Reynolds, she is a member of the Reynolds Methodist Church and the Dorcas church school class.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends Miss Laurice Aultman for her outstanding services over the years, and sincerely hopes that she will have an extremely pleasant and enjoyable retirement.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy of this Resolution to Miss Laurice Aultman.

HR 372. By Mr. Edwards of the 45th:
A RESOLUTION
Commending the Taylor County Civil Defense Rescue Team; and for other purposes.
WHEREAS, the Taylor County Civil Defense Rescue Team, headed by the Honorable Edward Robinson, has, on many occasions, been called upon to render emergency aid to people who have suffered some un foreseen catastrophe; and
WHEREAS, the Taylor County Civil Defense Rescue Team has always performed marvelously, and the members who make up the Team are to be commended for their respective and collective esprit de corps and
WHEREAS, it is sincerely hoped that the Team will not need to be called upon to perform its services, but it is reassuring to know that such a competent group of individuals exists in Taylor County in the event there ever is a need.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Taylor County Civil Defense Rescue Team for its outstanding services.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Edward Robinson.

HR 373. By Messrs. Collier of the 54th, Ballard of the 23rd, Floyd of the 75th, Collins of the 72nd, Hood of the 99th, Shepherd of the 107th and others:
A RESOLUTION
Commending Honorable Leon Farmer, Jr.; and for other purposes.
WHEREAS, Leon Farmer, Jr. has served his country with skill, ded ication, honor, and courage as a United States Marine; and

FRIDAY, MARCH 21, 1969

2627

WHEREAS, he has displayed the same qualities as one of the most dynamic young leaders in the State of Georgia and

WHEREAS, because of his extraordinary military and public ser vice, he has been appointed Commandant of the Georgia Marine Corps by His Excellency, the Governor of Georgia and

WHEREAS, he has been an outstanding success as Commandant of the Georgia Marine Corps.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend General Farmer for his outstanding success as Commandant of the Georgia Marine Corps and for his patriotism, valor and fidelity.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable Leon Farmer, Jr., Com mandant of the Georgia Marine Corps.

HR 374. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending the Honorable John R. Wall; and for other purposes.
WHEREAS, the Honorable John R. Wall, a former member of the Georgia General Assembly, retired January 1, 1969, after forty dedi cated years of service as Tax Collector of Schley County; and
WHEREAS, he has been recognized as one of the finest public servants ever to devote himself to County and State affairs; and
WHEREAS, it is hoped that the Honorable John R. Wall will have an extremely enjoyable and productive retirement.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable John R. Wall for his dedicated public service, and expresses its wish that the said honorable gentleman have an extremely enjoyable re tirement.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable John R. Wall, Schley County, Georgia.

2628

JOURNAL OF THE HOUSE,

HR 375. By Messrs. Farmer and Matthews of the 16th, Ross of the 26th, Rainey of the 47th, Dickinson of the 118th, Johnson of the 29th and Lane of the 44th:

A RESOLUTION

Commending the Southeastern Association of Game and Fish Com missioners; and for other purposes.

WHEREAS, the Southeastern Association of Game and Fish Com missioners early recognized the need for a joint-state approach toward investigating wildlife diseases, with equal consideration for associated public health and livestock implications; and

WHEREAS, through such foresight the Southeastern Cooperative Wildlife Disease study was conceived and established by the South eastern Association of Game and Fish Commissioners as the first of its kind on July 1, 1957, at the University of Georgia's School of Veterinary Medicine, Athens; and

WHEREAS, this regional approach has established an unprecedent ed example for solving problems national in scope, and simultaneously has brought international recognition to the State of Georgia and its University System.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the South eastern Association of Game and Fish Commissioners for its wisdom, ingenuity, and effectiveness in establishing a new concept for betterment of public health interests, the nation's livestock industries, and our ir replaceable game animal resources.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to the Southeastern Association of Game and Fish Commissioners.

HR 376. By Messrs. Brown and Melton of the 32nd, Matthews and Farmer of the 16th:
A RESOLUTION
Commending the Honorable John Eldridge Drewry, Dean of the Henry W. Grady School of Journalism, University of Georgia; and for other purposes.
WHEREAS, the Honorable John Eldridge Drewry, Dean of the Henry W. Grady School of Journalism, University of Georgia, known to many as "Mr. Journalism", is retiring June 30, 1969, after 47 dedicated and accomplished years of being associated with the University of Georgia; and

FRIDAY, MARCH 21, 1969

2629

WHEREAS, this Honorable gentleman has been the prime mover in expanding what was the Department of Journalism to what is now one of the finest schools of journalism in the United States; and

WHEREAS, Dean Drewry entered the University picture in 1922 as an instructor in journalism; he became an adjunct professor in 1924, associate professor in 1926, director of the School of Journalism in 1932, and Dean of the Henry W. Grady School of Journalism in 1940; and

WHEREAS, when he started teaching journalism at the school, he combined his teaching duties with his job of editing the Athens BannerHerald; during the summer of 1926 he served as State news editor for the southern division of the Associated Press; for years he was a correspondent for the Christian Science Monitor, and he has written many hundreds of newspaper and magazine articles, in addition to publishing many books and brochures bearing his name; and

WHEREAS, Dean Drewry has always been popular wtih his stu dents, and his inspired leadership and tireless dedication toward the finest in journalistic accomplishments have set excellent examples for his students and peers throughout the country to follow and

WHEREAS, he is a native Georgian, born June 4, 1902, in Griffin, and he graduated from Griffin grammar and high schools before receiv ing his Bachelor of Arts degree in 1921, his Bachelor of Journalism degree in 1922 and his Master's degree in 1925, all from the University of Georgia; he also did graduate work at the School of Journalism, Columbia University; and

WHEREAS, in addition to his Phi Beta Kappa key, he has received numerous honors and awards throughout the years, all of which recog nize and applaud the magnificent feats of the Honorable John Eldridge Drewry, but none of which is sufficient to express the appreciation and honor to which he is rightfully due.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members thereof do hereby com mend and congratulate the Honorable John Eldridge Drewry for all his magnificent accomplishments over the years, and particularly for his being the main motivating force in making the Henry W. Grady School of Journalism one of the finest such institutions in the United States.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable John Eldridge Drewry, Athens, Georgia.

2630

JOURNAL OP THE HOUSE,

HR 377. By Messrs. Roach, Harris and Poole of the 10th:

A RESOLUTION

Commending and expressing appreciation to Doctor Tom Cooper; and for other purposes.

WHEREAS, Doctor Tom Cooper of Cherokee County initiated the "Doctor of the Day" program for the members of the General As
sembly; and

WHEREAS, he is not only an outstanding doctor but has also become one of the most respected and popular citizens of his com
munity; and

WHEREAS, he attended medical school under the Georgia medical scholarship grant program and wanted to express his appreciation to the State through the Doctor of the Day" program; and

WHEREAS, he has not only contributed his time but also medical supplies and drugs in making the "Doctor of the Day" program a com plete success; and

WHEREAS, he and his partner, Doctor Evan Boddy, "Doctor of the Day' for March 14, through imagination and dedication, are in the process of establishing one of the most modern medical facilities in the United States in Cherokee County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Doctor Tom Cooper for his ability and dedication and express their sincere appreciation to him for his untiring efforts on behalf of the "Doctor of the Day" program for the General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy of this Resolution to Doctor Tom Cooper.

HR 378. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Mr. Joseph Scott Etheridge and Mrs. Evelyn Van Landingham; and for other purposes.
WHEREAS, Mr. Joseph Scott Etheridge has been named the 1969 STAR Student for the Third Congressional District; and
WHEREAS, he is the son of Mr. and Mrs. Frank S. Etheridge and he is a senior at the Columbus High School; and

FRIDAY, MARCH 21, 1969

2631

WHEREAS, the STAR Student has selected Mrs. Evelyn Van Landingham of Columbus High School as his STAR Teacher because of the great contributions Mrs. Van Landingham has made to his scholastic and artistic development; and

WHEREAS, STAR Students are chosen on the basis of scores made on the College Board Scholastic Aptitude Test and averages the first semester of the senior year; and

WHEREAS, School System STAR Students and STAR Teachers from all over the State will be awarded a trip to Atlanta by their spon sors to be specially honored at the Georgia Chamber of Commerce STAR Banquet at The Regency Hyatt House, Friday, April 18, 1969; and

WHEREAS, it is the desire of the members of this body to recog nize the STAR Student and STAR Teacher of the Third Congressional District.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Joseph Scott Etheridge and Mrs. Evelyn Van Landingham for being selected as the STAR Student and the STAR Teacher for the Third Congressional District.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this resolution to Mr. Joseph Scott Etheridge and Mrs. Evelyn Van Land ingham.

HR 379. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Alan Waller; and for other purposes.
WHEREAS, Alan Waller has been named the STAR Student of the Taylor County Schools; and
WHEREAS, he has maintained the remarkable scholastic average of 94.96 during the last four years while being active in almost every club activity of his school; and
WHEREAS, he is president of the Beta Club; played varsity basket ball for four years, has been a member of the 4-H Club for four years and is vice president of the Senior Class; and
WHEREAS, he was chosen "Best Ail-Around' by the Seniors and was named a Tri-County Tournament All-Star as well as receiving honorable mention in the District Science Fair and holds many other distinctive offices; and

2632

JOURNAL OF THE HOUSE,

WHEREAS, he is the son of Mr. and Mrs. Benny Waller of Taylor County; and

WHEREAS, he sets an outstanding example for the youth of our State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Alan Waller for his many outstanding achievements and for set ting a fine example for the youth of our State.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Alan Waller and to Mr. and Mrs. Benny Waller.

HR 380. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Mrs. C. E. Whatley; and for other purposes.
WHEREAS, Mrs. C. E. Whatley of Reynolds, Georgia, has recently been selected as Georgia's 1969 "Mother of the Year"; and
WHEREAS, she will represent Georgia in the "National Mother of the Year" competition; and
WHEREAS, she is a member of the Gordon-Carson Chapter of the United Daughters of the Confederacy in Reynolds, the Butler American Legion Auxiliary, and the Georgia Federation of Women's Clubs, and is very active in other civic organizations and community affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mrs. C. E. Whatley for being selected as Georgia's 1969 "Mother of the Year".
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this resolution to Mrs. C. E. Whatley.

HR 381. By Mr. Grahl of the 40th:
A RESOLUTION
Congratulating the Fort Valley High School Girls' "Greenwave" Basketball Team and Coach Tommy Barnes and Coach Tommy Fibbe; and for other purposes.

FRIDAY, MARCH 21, 1969

2633

WHEREAS, the Fort Valley High School Girls' Basketball Team, known as the "Greenwave", completed the best season in the school's history, with a season record of 20 wins and only five losses; and

WHEREAS, the Team not only had a fine regular season record, but also won the Region "3-B" Championship for the first time in the school's history, and advanced to the Class "B" Tournament and

WHEREAS, these feats can only be attributed to the spirit, deter mination, drive, pride and unselfishly placing the Team above indi vidual performances by the young athletes of the "Greenwave", and the excellent leadership and coaching by Coach Tommy Barnes and Coach Tommy Fibbe; and

WHEREAS, the citizens of Fort Valley are justly proud of the out standing achievements of the "Greenwave".

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby join with the many relatives and friends of the young ladies of the Fort Valley High School "Greenwave" Basketball Team and Coach Tommy Barnes and Coach Tommy Fibbe in extending to them its heartiest congratulations for their many accomplishments on the hardwood floor of friendly compe tition, and in particular for winning the Region "3-B" Championship.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Fort Valley High School, Coach Tommy Barnes and Coach Tommy Fibbe, and every member of the Fort Valley High School Girls' "Greenwave" Basketball Team.

HR 382. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Patricia Roberts; and for other purposes.
WHEREAS, Patricia Roberts was a first place winner from Marion County High School at the District Literary Event participation at Georgia Southwestern College in Americus; and
WHEREAS, she won first place in shorthand; and
WHEREAS, Neil McClung and Mary Lou McAllister also partici pated in said event and placed 3rd and 4th respectively in typing; and
WHEREAS, Rosla Welch placed second in Home Economics and Marcia Murray placed second in piano; and

2634

JOURNAL OF THE HOUSE,

WHEREAS, these outstanding young people are a credit to their community and to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Patricia Roberts and the other outstanding young people named in this Resolution for their achievements.

BE IT FURTHER RESOLVED tha the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Patricia Roberts, Neil McClung, Mary Lou McAllister, Rosla Welch and Marcia Murray.

HR 383. By Mr. Grahl of the 40th:
A RESOLUTION
Congratulating the Crawford County High School Boys' "Eagles" Basketball Team and Coach J. B. Hawkins; and for other purposes.
WHEREAS, the Crawford County High School Boys' Basketball Team, known as the "Eagles", completed a successful 1968-69 season, winning a total of 28 games, while losing only two; and
WHEREAS, during one stretch in the season, the team won 20 games in a row; and
WHEREAS, the team not only had a fine regular season record, but also won the Perry, Georgia Christmas Tournament and recently won the State Class "C" Championship which was played in Macon, Georgia; and
WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride and unselfishly placing the team above indi vidual performances by the young athletes and the excellent leadership and coaching by Coach J. B. Hawkins; and
WHEREAS, the citizens of Crawford County are justly proud of the outstanding achievements of the "Eagles".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby join with the many relatives and friends of the young men of the Crawford County High School "Eagles" Basketball Team and Coach J. B. Hawkins in extending to them our heartiest congratulations for their many accomplishments on the hardwood floor of friendly competition, and in particular for winning the State Class "C" Championship.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this

FRIDAY, MARCH 21, 1969

2635

Resolution to Crawford County High School, Coach J. B. Hawkins, and every member of the "Eagles" Basketball Team.

HR 384. By Messrs. Higginbotham and Davis of the 75th and Colwell of the 5th:
A RESOLUTION
Expressing appreciation to the young ladies of the telephone center; and for other purposes.
WHEREAS, the young telephone ladies in attendance have greatly aided the members of the House of Representatives in placing and re ceiving telephone calls during this session; and
WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Maxine Lawson, Mrs. Sheryl Menendez, and Mrs. Patricia Anderson, have cheerfully given their services through the facilities of the wellplanned telephone center which has been provided by the Southern Bell Telephone and Telegraph Company.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that these above named young ladies be extended the warmest thanks of this House for their prompt, efficient, and un tiring efforts in providing this most helpful service and convenience.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this resolu tion to the Southern Bell Telephone and Telegraph Company and to each of the young ladies as a token of the appreciation of this House.

HR 385. By Mr. Phillips of the 38th:
A RESOLUTION
Commending Honorable Robert Edward Freeman and for other purposes.
WHEREAS, Robert Edward Freeman has received numerous awards and honors, including his election as STAR Student of Talbot County High School for 1969; and
WHEREAS, he is an outstanding young man, and a credit to his family, school, and community; and
WHEREAS, he exemplifies the youth of Georgia today in his char acter, ambition, and awareness of problems facing our society.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE SOVEREIGN STATE OF GEORGIA

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JOURNAL OF THE HOUSE,

that this body does hereby commend the Honorable Robert Edward Freeman for his outstanding qualities, and congratulations are hereby extended to him for the acclaim he has received.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to Robert Edward Freeman.

HR 402. By Messrs. Murphy of the 19th, Smith of the 43rd, Lane of the 44th, Paris of the 14th, Maxwell of the 78th, Hale of the 1st and Melton of the 32nd:
A RESOLUTION
Creating the Transfer Tax Study Committee; and for other pur poses.
WHEREAS, an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate was enacted by the General Assembly at its regular session in 1967; and
WHEREAS, the Act was amended in 1968 and a bill was introduced at the 1969 Session of the General Assembly to further amend the Act; and
WHEREAS, it is the desire of the members of this body to conduct a study of the Act and to make recommendations to the 1970 Session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Transfer Tax Study Committee to be composed of 7 members of the House of Repre sentatives to be appointed by the Speaker of the House of Representa tives. The committee shall be authorized to review all aspects of the transfer tax in relation to a ratio study and records counties must have to maintain ad valorem tax programs. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which are neces sary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the al lowances authorized for legislative members of interim legislative com mittees, but shall receive the same for no more than 10 days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings, recom mendations and suggestions for proposed legislation, if any, to the 1970 Session of the General Assembly, at which time the committee shall stand abolished.

FRIDAY, MARCH 21, 1969

2637

HR 403. By Messrs. Smith of the 43rd, Matthews of the 16th, Phillips of the 29th, McCracken of the 36th and others:

A RESOLUTION

Requesting that the new agricultural research laboratory at the University of Georgia in Athens be named in honor of Senator Richard B. Russell; and for other purposes.

WHEREAS, primarily as a result of the efforts of Senator Richard B. Russell, the University of Georgia was selected as the site for the construction of one of the finest agricultural research laboratories in the United States; and

WHEREAS, this laboratory is not only an educational facility of unparalleled value to Georgia and the entire Southeast, but also a great economic asset to the people of this State and region; and

WHEREAS, it is the firm opinion of the citizens of Athens, Clarke County and the entire State of Georgia that this laboratory should be named in honor of the person who was primarily responsible for its being located at the University of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request and urge Honorable Clifford M. Hardin, Secretary of the U. S. Department of Agriculture, to name the new agricultural research laboratory at the University of Georgia in Athens in honor of one of the most illustrious native sons of the State of Georgia, Senator Richard B. Russell.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Honorable Clifford M. Hardin, Secretary of the U. S. De partment of Agriculture, and to Honorable Richard B. Russell, United States Senator from Georgia.

The following Resolutions of the House and Senate were read and referred to the committees:

HR 386. By Messrs. Winkles of the 96th, Games of the 104th, Adams of the 100th, Lane of the 101st and others:
A RESOLUTION
Creating an interim study committee to work with the Joint Citi zens Advisory Committee of the City of Atlanta and Fulton County to assist in the study of consolidating the governments of the City of Atlanta and Fulton County and for other purposes.

2638

JOURNAL OP THE HOUSE,

WHEREAS, the City of Atlanta is the Capitol City of Georgia and is an important center for cultural, social and business interests in the southeast; and

WHEREAS, it is important to the continued growth and progress of the State of Georgia that its Capitol City continue to grow and prosper; and

WHEREAS, a Joint Citizens Advisory Committee of the City of Atlanta and Fulton County has been created for the purpose of study ing alternatives, conditions, and methods of consolidating the govern ments of the City of Atlanta and Fulton County; and

WHEREAS, a bill is presently pending before this General As sembly to provide for one government in Fulton County by 1972; and

WHEREAS, it is desirable that an interim legislative study com mittee be created to work with said Joint Citizens Advisory Committee to coordinate local and legislative efforts to accomplish the aforesaid purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of five members of the House of Representa tives to be appointed by the Speaker of the House, which committee shall work with the Joint Citizens Advisory Committee of the City of Atlanta and Fulton County to assist in the study of consolidating the governments of Atlanta and Fulton County. The Committee is au thorized to study alternatives, conditions, methods and all other matters related to the consolidating of the aforesaid governments.

The Committee shall state its findings and conclusions in a report to the House of Representatives on or before December 31, 1969, at which time the Committee shall stand abolished. The members of the Committee shall receive such expenses and allowances which are au thorized to legislative members of interim study committees, but for no longer than ten days, unlless an extension is granted by the Speaker of the House of Representatives, from funds appropriated to or avail able to the Legislative Branch of State Government.
Referred to the Committee on Local Affairs.

HR 387. By Mr. Wheeler of the 18th:
A RESOLUTION
Creating the Ophthalmic Advertising Study Committee and for other purposes.
WHEREAS, a number of persons, firms and corporations have been advertising the price and quality of prescribed ophthalmic materials, prescription lens, mountings, frames and contact lens; and

FRIDAY, MARCH 21, 1969

2639

WHEREAS, a Bill was introduced during the 1969 Session of the General Assembly to prohibit this practice; and

WHEREAS, the Bill failed to pass but it is still pending; and

WHEREAS, it is the desire of the members of this body to conduct a study of this situation and to make recommendations to the 1970 Session of the General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Ophthalmic Ad vertising Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to study HB 650 and to review the situation in Georgia relating to advertising of ophthalmic devices and the laws of other states relating to the ad vertising of ophthalmic devices. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which are necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than 10 days. The funds neces sary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the gov ernment. The committee shall make a report of its findings, recom mendations and suggestions for additional legislation, if any, to the 1970 Session of the General Assembly, at which time the committee shall stand abolished.
Referred to the Committee on Hygiene and Sanitation.

HR 388. By Mr. Lewis of the 37th:
A RESOLUTION
Creating the Georgia Housing Administration Study Committee; and for other purposes.
WHEREAS, the need for better housing in Georgia is enormous and the housing industry represents a large segment of the long-term capital investments in the United States; and
WHEREAS, the State of Georgia can participate in the housing industry by creating a State agency with similar aims and objectives to the Federal Housing Administration; and
WHEREAS, the retirement and pension funds in the State of Geor gia can probably be utilized to the fullest extent by working with a State agency similar to the FHA; and

2640

JOURNAL OF THE HOUSE,

WHEREAS, this body believes that the State of Georgia has an obligation to the citizens of this State to exercise all of its powers to ensure adequate housing and financing thereof under reasonable terms.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Georgia Hous ing Administration Study Committee to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The Committee shall be authorized to investigate the feasibility of creating a Georgia Housing Administra tion. The Committee may hold such meetings at such places and at such times as it considers expedient and may do all other things con sistent with this resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the govern ment. The Committee shall make a report of its findings, recommenda tions and suggestions for proposed legislation, if any, to the 1970 Ses sion of the General Assembly, at which time the Committee shall stand abolished.
Referred to the Committee on Industry.

HR 389. By Messrs. Brown of the 110th, Bond of the lllth, Horton of the 95th, Alexander of the 108th, Hill of the 94th, Battle of the 90th, Evans of the 81st and Russell of the 70th:
A RESOLUTION
Authorizing and urging the State Board of Education to promul gate rules and regulations to require that objective instruction in the role and contributions of the American Negro in the history of the United States and Georgia shall be provided in the public schools of this State; and for other purposes.
WHEREAS, the role and contributions of the American Negro in the history of the United States and Georgia have been distorted or excluded, or both, in teaching Georgia and American history and other subjects in the public schools of this State; and
WHEREAS, such distortions or exclusions, or both, have led to grievous misconceptions, encouraged and perpetuated racial prejudices and seriously handicapped generations of white children by sending them into adult life with unrealistic, inaccurate, uncharitable, irrespon sible and even hostile attitudes toward a substantial minority of their fellow human beings; and
WHEREAS, such distortions or exclusions, or both, have perpe trated a crime on generations of black school children by sending them

FRIDAY, MARCH 21, 1969

2641

into adult life questioning their worth, their dignity, and even their humanity; and

WHEREAS, the educational process should teach the facts of his tory; it should defeat prejudices rather than encourage and perpetuate them; it should lead to understanding and tolerance rather than to misunderstanding and intolerance; and it should lead to a future world of enlightenment, compassion and justice rather than tie us to a past of ignorance, fear, hostility and injustice.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the State Board of Education is hereby authorized and urged to promulgate rules and regulations to require that objective instruction in the role and contributions of the American Negro in the history of the United States and Georgia should be pro vided in the public schools of this State as an integrated part of the required courses in Georgia and American history beginning at the earliest levels of public school education available in this State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to each member of the State Board of Education and to Honorable Jack P. Nix, State Superintendent of Schools.
Referred to the Committee on Education.

HR 390. By Messrs. Kreeger, Housley and Atherton of the 117th, Rainey of the 47th, Dickinson of the 118th, Scarborough of the 81st and Snow of the 1st:
A RESOLUTION
Creating the Game and Fish Law Enforcement Study Committee; and for other purposes.
WHEREAS, violators of the game and fish laws of this State are not being prosecuted expediently or to the fullest extent of the law; and
WHEREAS, the State Game and Fish wardens and the local law enforcement officers should be cooperating to the fullest extent to see that such violators are prosecuted; and
WHEREAS, the General Assembly is in need of information so that the necessary legislation can be adopted to assist the law enforce ment officers in enforcing the game and fish laws.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Game and Fish Law Enforcement Study Committee. The committee shall be composed of seven members of the House of Representatives to be appointed by

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JOURNAL OF THE HOUSE,

the Speaker thereof. The committee shall be authorized to study all aspects of the problem of enforcing the State game and fish laws. All departments of State government shall make available to the committee their records, statistics and other information upon request of the com mittee and shall render any assistance to the committee that is neces sary or convenient to fulfill the purposes of this Resolution. The com mittee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the com mittee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than fifteen days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.
Referred to the Committee on Game and Fish.

HR 391. By Mr. Jordan of the 74th:
A RESOLUTION
Creating the Battey State Hospital Study Committee; and for other purposes.
WHEREAS, Battey State Hospital is the State institution which is maintained for the treatment of tubercular patients; and
WHEREAS, large sums of money are appropriated and expended for the maintenance and operation of this hospital; and
WHEREAS, it behooves the members of this body to obtain infor mation relative to the cost per patient at Battey State Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Battey State Hospital Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee shall study all phases of the operation of Battey State Hospital including, but not limited to, the cost per patient and all other related matters. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the pur poses of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The committee shall make a report of its findings and recommendations on or before De cember 1, 1969, on which date the committee shall stand abolished.
Referred to the Committee on State Institutions and Property.

FRIDAY, MARCH 21, 1969

2643

HR 392. By Messrs. Bell of the 73rd, Davis of the 75th, Floyd of the 75th, Collins of the 72nd and many others:

A RESOLUTION
Requesting that the Governing Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the payment of expenses; and for other purposes.
WHEREAS, the salaries of certain officials of DeKalb County and the courts thereof are paid or supplemented as the result of Acts of the General Assembly; and

WHEREAS, the ravages of inflation, the higher cost of living, the increased responsibilities pertaining to these offices and similar in fluences all pertain to the setting of adequate, fair and just compensa tion for these officials; and

WHEREAS, as a result of reapportionment, the size of the delega tion representing DeKalb County has increased so that it is practically impossible for each individual member to be totally knowledgeable in all areas in which he must make a judgment or decision affecting such compensation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, and it is hereby resolved by authority of same that:

(1) The Governing Authority of DeKalb County is hereby requested and authorized to establish a Citizens' Commission of sufficient size to be representative of a cross-section of the citizenry of DeKalb County for the purpose of studying the salary scales of those offices for which compensation is paid or supplemented as a result of Acts of the General Assembly.

(2) The Citizens' Commission is requested to make its determi nations during the year 1969 and submit its findings in writing on or before December 1, 1969, to the county commission and to each member of the General Assembly representing any portion of DeKalb County in the Senate or the House of Representatives.

(3) A sufficient amount of funds derived by DeKalb County from sources other than ad valorem taxes is hereby appropriated for the purpose of paying the expenses of such Citizens' Commission in the performance of its duties hereunder.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the governing authority of DeKalb County.
Referred to the Committee on Local Affairs.

2644

JOURNAL OF THE HOUSE,

HR 393. By Messrs. Harrison of the 66th, Dickinson of the 118th, Rainey of the 47th, Gates of the 95th, Brantley of the 52nd, Rush and Salem of the 51st:

A RESOLUTION

Creating the Oyster Bed Study Committee; and for other purposes.

WHEREAS, the State of Georgia is blessed with the natural en vironment of its coastal regions which are extremely conducive to the production of prime oysters; and

WHEREAS, at the present time, there are only isolated areas in which good grades of oysters are being harvested; and

WHEREAS, there is a need to investigate the causes and conditions contributing to this set of circumstances.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Oyster Bed Study Committee, to be composed of seven members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the causes and conditions affecting oyster production in our coastal regions and shall advise and consult with the Department of Public Health and the Game and Fish Commission in formulating their studies and recommendations. The members of the Committee shall be authorized to meet for a period not in excess of 14 days. The Committee shall make a report of its findings and recom mendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The members shall receive the allowances authorized for legislative members of interim study committees.
Referred to the Committee on Game and Fish.

HR 394. By Messrs. Howell of the 60th and Brooks of the 17th:
A RESOLUTION
Creating the Property Classification Study Committee; and for other purposes.
WHEREAS, House Resolution No. 231 is pending in the General Assembly; and
WHEREAS, House Resolution No. 231 is a proposal to amend the Constitution so as to authorize the General Assembly to classify prop erty for taxation purposes; and
WHEREAS, House Resolution No. 231 was postponed by the House of Representatives for consideration at the 1970 session of the General Assembly in order that this important legislation might be studied during the interim period.

FRIDAY, MARCH 21, 1969

2645-

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Property Clasfication Study Committee" to be composed of seven members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the advisability and all ramifications of permitting the General Assembly to classify property for taxation purposes. The Committee shall make a report of its find ings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The Committee shall be authorized to meet for a period not in excess of ten days. The members of the Committee shall receive the compensation, per diem, expenses and al lowances authorized for members of interim legislative study committees.
Referred to the Committee on Ways and Means.

HR 395. By Messrs. Jones of the 59th, McDaniell of the 117th and Buck of the 84th:
A RESOLUTION Creating the Revenue Collection Study Committee; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Revenue Collec tion Study Committee", to be composed of ten members of the House of Representatives to be appointed by the Speaker thereof. The Com mittee shall make a thorough and exhaustive study into the practices, procedures and agencies charged with the responsibility of collecting revenue. The Committee shall be authorized to meet for a period not in excess of twenty days. The members of the Committee shall receive the per diem, allowances and compensation authorized for legislative mem bers of interim study committees. The Committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished.
Referred to the Committee on Ways and Means.

HR 396. By Messrs. McClatchey of the 113th, Moore of the 6th, Leonard of the 3rd, Barber of the 15th, Wamble of the 69th and others:
A RESOLUTION
Creating the "Code of Ethics Study Committee"; and for other purposes.
WHEREAS, it is essential to the proper operation of democratic government that public officials be independent and impartial and that governmental decisions and policy be made in the proper channels of the governmental structure; and
WHEREAS, there should be public confidence in the integrity of government; and

2646

JOURNAL OF THE HOUSE,

WHEREAS, public office should not be used for private gain other than the remuneration provided by law; and

WHEREAS, the public interest requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and governmental em ployees in situations where conflicts exist; and

WHEREAS, it is also essential to the proper operation of govern ment that those persons best qualified be encouraged to serve the govern ment; and

WHEREAS, accordingly, legal safeguards against conflicts of interest must be so designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and women who are best qualified to serve it; and

WHEREAS, elected officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, except where conflicts with the responsibility of such elected officials and employees to the public can not be avoided; and

WHEREAS, Codes of Ethics are presently being studied in 25 states, and there is an interest in creating a Code of Ethics for govern mental officials and employees of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created the "Code of Ethics Study Committee" to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House.

The Committee shall study all matters relative to providing a Code of Ethics for officers and employees of the State of Georgia, and to recommend such legislation as it deems necessary. The Committee shall meet and work with any corresponding committee set up by the State Senate for the purpose of studying a Code of Ethics.

The Committee shall state its findings and conclusions in a report to the House of Representatives on or before December 31, 1969, at which time the Committee shall stand abolished.

The members of the committee shall receive the expenses and allowances which are authorized to legislative members of interim com mittees, but for no longer than ten days unless an extension is granted by the Speaker of the House, from funds appropriated to or available to the Legislative Branch of the Government.
Referred to the Committee on Special Judiciary.

FRIDAY, MARCH 21, 1969

2647

HR 397. By Messrs. Housley, Kreeger and Atherton of the 117th, Bohannon of the 20th and others:

A RESOLUTION

Creating the Game and Fish Enforcement Officer Training Study Committee; and for other purposes.

WHEREAS, the enforcement officers of the Game and Fish Com mission are required to undertake a multitude of varying responsibilities in a given period of time; and

WHEREAS, on some occasions they are police officers; on other occasions they are required to patrol the navigable lakes and streams of Georgia in order to maintain the safety of the waterways, and on still other occasions, they are called upon to protect the wildlife in our State; and

WHEREAS, it is a well known fact that the enforcement officers of the Game and Fish Commission are high caliber and dedicated men, but there is reason to believe that much talent is being wasted because these men are not offered a well-rounded specialized training program which encompasses many of the responsibilities they are required to undertake; and

WHEREAS, it would be time well spent by members of the House of Representatives if a study committee were to investigate the training program the said enforcement officers are now required to undertake to see how it can be improved in order to train the men to better handle the various responsibilities which unpredictably, but certainly, arise.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Game and Fish Enforcement Officer Study Committee" to be composed of ten members of the House chosen by the Speaker.

The Committee shall investigate the current training program the said enforcement officers are required to undergo to see how it can be expanded or improved to provide training in other needed areas.

The members of the Committee shall receive such expenses and allowances as are authorized to members of interim legislative com mittees, but for no longer than 15 days.

The Committee shall prepare a report of its findings and submit same to the Clerk of the House for printing, on or before December 1, 1969, at which time the Committee shall stand abolished.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.
Referred to the Committee on Game and Fish.

2648

JOURNAL OF THE HOUSE,

HR 398. By Mr. Dean of the 76th:

A RESOLUTION

Creating the Hunger and Malnutrition Study Committee; and for other purposes.

WHEREAS, there is substantial evidence that a certain amount of hunger and malnutrition exists among some of the citizens of our State, particularly among the children; and

WHEREAS, during this period of unprecedented abundance, there is no reasonable justification for such hunger and malnutrition existing; and

WHEREAS, the General Assembly is in need of adequate informa tion so that appropriate action may be taken to eliminate the hunger and malnutrition problems.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Hunger and Malnutrition Study Committee. The committee shall be composed of ten members of the House of Representatives to be appointed by the Speaker thereof. The committee shall be authorized to study all aspects of the hunger and malnutrition problem. All departments of State government shall make available to the committee their records, statistics and other information upon request of the committee and shall render any assis tance to the committee that is necessary or convenient to fulfill the pur poses of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other) things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly at which time it shall stand abolished.
Referred to the Committee on Welfare.

HR 399. By Messrs. Nessmith of the 44th, McDaniell and Burruss of the 117th:
A RESOLUTION
Creating the Black Rock State Park Study Committee; and for other purposes.
WHEREAS, there has been generated an interest and concern in the future development of the Black Rock State Park facility; and

FRIDAY, MARCH 21, 1969

2649

WHEREAS, it is advisable that the General Assembly be kept abreast of these proposals and the advisability thereof.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Black Rock State Park Study Committee", to be composed of those members of the House comprising the Recreational Facilities Subcommittee of the State Institutions and Property Committee of the House of Representatives. The Committee shall make a thorough and exhaustive study into the proposals relative to the future development of the Black Rock State Park and shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The Committee shall be authorized to meet for a period not in excess of ten days. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative study committees.
Referred to the Committee on State Institutions and Property.

HR 400. By Messrs. Atherton, Housley and Kreeger of the 117th, Leonard of the 3rd, Rainey of the 47th, Johnson of the 29th, Scarlett of the 67th, Evans of the 81st, Geisinger of the 72nd and Collins of the 62nd:
A RESOLUTION
Creating the Trout Stamp Study Committee; and for other purposes.
WHEREAS, the most luscious and appetizing trout in all the world are found in the cool, clear running streams of Georgia; and
WHEREAS, fishermen come from many states to fish in Georgia streams for our trout, and many Georgia citizens are prone to spend a lazy afternoon casting a favorite lure at speckled and rainbow beauties; and
WHEREAS, it is the feeling of many conservation-minded persons that it would be fitting and proper to attach a trout stamp, and to charge a reasonable fee for same, to the regular fishing license issued to those fishermen who wish to partake of our tasty trout; and
WHEREAS, it would be time well spent by legislators if a committee were created to study the need for and desirability of legislatively requir ing a trout stamp to be purchased by those fishermen who are desirous of removing trout from the aforesaid cool, clear running streams.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Trout Stamp Study Committee" to be composed of ten members of the House chosen Toy the Speaker.

2650

JOURNAL OF THE HOUSE,

The Committee shall ascertain the need for and desirability of requiring a trout stamp to be purchased, in addition to the regular fishing license, by fishermen who wish to fish for trout.

The Committee shall prepare a report of its findings and recom mendations which shall be submitted to the Clerk of the House for printing on or before December 1, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive the expenses and allowances as are authorized to members of interim legislative commit tees, but for no longer than 15 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.
Referred to the Committee on Game and Pish.

HR 401. By Messrs. Dean of the 76th, Thomason of the 77th, Bond of the lllth and others:
A RESOLUTION
Creating the Illiteracy Study Committee; and for other purposes.
WHEREAS, the State of Georgia currently has the highest school drop-out rate in the country which contributes toward a continuation of a high level of illiteracy; and
WHEREAS, the relatively high level of illiteracy in Georgia causes many social and economic problems; and
WHEREAS, the population continues to shift from rural to urban areas, and many of the people coming to the urban areas are functional illiterates who are not able to find gainful employment or successfully adjust to the pressures of urban life; and
WHEREAS, these factors contribute to the many problems that beset the urban areas of our State and particularly the core cities of these urban areas, and
WHEREAS, a thorough study should be made of the causes of the high number of school drop-outs and its relationship to illiteracy; and
WHEREAS, methods should also be found to help those members of our society who are seriously handicapped by being functionally illitrate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Illiteracy Study

FRIDAY, MARCH 21, 1969

2651

Committee to be composed of 10 members of the House of Representa tives to be appointed by the Speaker of the House. Said Committee shall make a thorough study of all matters relating to the problem of school drop-outs and illiteracy. All departments and agencies of the State government shall assist the Committee in completing its study, and private organizations and political subdivisions are hereby requested and urged to cooperate with the Committee by supplying information and other assistance which the Committee may request in carrying out the purposes of this Resolution.

BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Committee to effectively carry out its duties and responsibilities under this Resolu tion. Each member of the Committee shall be authorized to receive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of govern
ment.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legislation that may be recommended by the Committee.
Referred to the Committee on Welfare.

HR 404. By Messrs. Johnson of the 29th, Anderson of the 49th, Adams of the 100th, Cole of the 3rd, Harris of the 10th, Smith of the 39th and Williams of the llth:
A RESOLUTION
Creating the Motor Vehicle Department Study Committee; and for other purposes.
WHEREAS, there are several State departments which have juris diction over various aspects of the operation of motor vehicles over the public streets and highways of this State; and
WHEREAS, there has been an interim study committee created in the past which has studied the feasibility of placing all aspects of the operation of motor vehicles under a "State Motor Vehicle Department"; and
WHEREAS, due to the complexity of the problem, the previous in terim study committee was unable to complete its work, and it is neces sary that a new committee be created to continue to study the feasibility of creating a Motor Vehicle Department.

2652

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Motor Vehicle Department Study Committee. The committee shall be composed of such members of the House of Representatives to be appointed by the speaker thereof. The committee shall be authorized to study all matters relating to the feasibility of creating a Motor Vehicle Department for the State of Georgia. All departments of State government shall make available to the committee their records, statistics and other information upon request of the committee and shall render any assistance to the com mittee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things con sistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each mem ber of the committee shall receive the allowances authorized for legisla tive members of interim legislative committees, but shall receive the same for no more than the number of days determined by the Sepaker. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.
Referred to the Committee on Motor Vehicles.

SR 121. By Senators Maclntyre of the 40th and Garrard of the 37th:
A RESOLUTION
Designating the North Fulton Special Choir as the Official Choir of the State of Georgia during its special world tour during the Summer of 1969; and for other purposes.
WHEREAS, the North Fulton Special Choir of North Fulton High School in Atlanta, Georgia, is one of the most outstanding choral or ganizations in the Nation, and selects its members for character, scholar ship, musicianship and personality; and
WHEREAS, in over thirty years of festival competition in America the Choir has never received any rating but the highest--"Superior"; and.
WHEREAS, the Choir in its five foreign tours has brought world wide acclaim to the State of Georgia; and
WHEREAS, the Choir will make a World Tour this summer, giving concerts in Japan, The Philippines, Taiwan, Thailand, India, Lebanon,, Turkey, Greece and Italy.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the North Fulton Special Choir be des ignated the Official Choir of the State of Georgia during its tour.

FRIDAY, MARCH 21, 1969

2653

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the North Fulton Special Choir of North Fulton High School, Atlanta, Georgia, and to the Honorable Robert S. Lowrance, Jr., Director of said Choir.
Referred to the Committee on Industry.

The following Resolution of the Senate was read and adopted:

SR 143. By Senator Coggin of the 35th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRE SENTATIVES CONCURRING, that the General Assembly do adjourn at 5:00 o'clock p.m., March 21, 1969, and reconvene at 9:30 o'clock a.m., March 24, 1969.

Mr. Busbee of the 61st moved that pursuant to SR 143, adopted by the House and Senate, the House do now adjourn until 10:00 o'clock, Monday morning, March 24, 1969.

The motion prevailed, and the Speaker announced the House adjourned until 10:00 o'clock, Monday morning, March 24, 1969.

2654

JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, March 24, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. A. L. Kendrick, Pastor, Glenwood Baptist Church, Atlanta, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, March 24, 1969, and submits the following:

MONDAY, MARCH 24, 1969

2655

HR 256- 758. Support of Public Education, Study Committee.

HB

877. Motor Vehicles, Security.

HB

998. State Racing Commission (Reconsidered).

HR 352-1004. Convey Property, Clayton County.

HR 357-1014. Education Study Commission--PP.

SB

12. Trial Judges, Practice of Law--PP.

SR

15. Central Printing Agency Study Committee.

SB

21. Silent Prayer, Public Schools.

SB

25. Insurance Licenses, Renewal of.

SB

26. Justice and Judges, Salaries.

SR

37. Providence Canyon, Study Committee.

SB

52. Insurance Code, Amend.

SR

67. C.A.A. Award Air Routes Atlanta-Hawaii-East.

SR

80. Medal of Honor Monument.

SB

83. Circuit Probation Supervisors--PP.

SB

85. Highways, Public Utility Equipment on Highway.

SB

88. Contracts, Periods of Limitation of Actions.

SR

96. Bill of Rights, Older Georgians.

SB

104. Purchase, Motor Vehicle, Political Sub-Division.

SB

106. Driver's Licenses, Temporary.

SB

116. Vending Stands and State Property, Define.

SB

128. Boar dof Pardons and Paroles, Regulations.

SB

146. Archaeological Sites, Protection and Preservation.

SB

164. Marriage License, Additional Copies.

SB

173. Prisoners, Social Visits (Reconsidered)

SB

193. Alcohol Unit, Auto Limitations--PP.

SB

234. Common or Contract Carriers, License Fees.

SB

257. Group Life Insurance, Amend.

SB

281. Accountants, Members May Succeed Themselves.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Viee-Chairman

2656

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1020.By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Collins of the 72nd, Jordan of the 74th, Levitas and Farrar of the 77th:
A Bill to be entitled an Act to authorize the governing authority of all counties with populations of not more than 500,000, to set and deter mine the compensation of the Chairman and members of the said gov erning authority, but to prohibit such change in compensation taking effect until the next term of office when all the members and Chairman are serving new terms of office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1021. By Messrs. Paris of the 14th, Barber of the 15th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act providing for compensation by the State to persons who sustained personal injury, property damage, etc. approved April 18, 1967 (Ga. L. 1967, p. 712), so as to change the time within which such claims may be filed with the Claims Advisory Board; and for other purposes.
Referred to the Committee on Appropriations.

HB 1022. By Messrs. Evans of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 114-501, relating tothe payment of medical, surgical, hospital and other treatment, so as to change the amount to be provided by the employer for said treatment; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1016. By Mr. Smith of the 39th:
A Bill to be entitled an Act to repeal an Act pertaining to the ad valorem taxation of motor vehicles; to amend an Act pertaining totaxation of dual control driver educational vehicles; to provide a licensefee and license plates for such motor vehicles; and for other purposes.

HB 1017. By Mr. Smith of the 39th: A Bill to be entitled an Act to amend an Act relating to motor vehicle-

MONDAY, MARCH 24, 1969

2657

licenses, so as to define motor vehicles and passenger vehicles; and for other purposes.

HB 1018. By Messrs. Atherton, Wilson, Kreeger, Burruss and McDaniell of the 117th, Hawes of the 95th, Gary of the 21st, Lane of the 101st, DeLong of the 80th, Smith of the 39th, Buck of the 84th, Floyd of the 7th and others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to delete therefrom certain exemptions from the tax imposed by said Act, relating to "Retail sale" or a "sale at retail"; and for other purposes.

HR 359-1018. By Mr. Smith of the 39th:
A Resolution proposing an amendment to the Constitution so as to provide that motor vehicles shall be subject to only one form of tax ation, which shall be a license tax; and for other purposes.

HB 1019. By Messrs. Evans and Scarborough of the 81st, Rowland and Douglas of the 42nd and Cato of the 68th:
A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation; and for other purposes,

SB 212. By Senator Rowan of the 8th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration; and for other purposes.

SB 217. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Chapter 68 (Motor Vehicles) of the Code of Georgia of 1933, so as to require the payment of a fee of $1.00 for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said trans fers to retain 50tf of each fee of $1.00 collected; and for other purposes.

SB 218. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "Motor Vehicle Certificate of Title Act", so as to authorize county tag agents to re tain a fee of fifty cents for each application handled in all counties of the State of Georgia; and for other purposes.

2658

JOURNAL OF THE HOUSE,

SB 279. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to provide for an exemption from the registra tion requirements of said Act for transactions involving the issuance of certain security; and for other purposes.

SR 94. By Senators Reeder of the 55th, Miller of the 43rd, and Tysinger of the 41st:
A Resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

SR 95. By Senators Hensley of the 33rd and Holloway of the 12th:
A Resolution relative to the tax exemption on municipal bonds; and for other purposes.

SR 119. By Senator Gillis of the 20th:
A Resolution creating the Junked Motor Vehicles Study Committee; and for other purposes.

SR 128. By Senator Coggin of the 35th:
A Resolution creating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations, sub mitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 134-375. Do Pass as Amended.
Respectfully submitted, Floyd of the 7th, Chairman.

MONDAY, MARCH 24, 1969

2659

Mr. Murphy of the 19th, Chairman of the Committee on Banks and Bank ing, submitted the following report:

Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 279. Do Pass.
Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 150. Do Pass.
Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene and Sanita tion, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 387. Do Pass.
Respectfully submitted, Smith of the 3rd, Chairman.

2660

JOURNAL OF THE HOUSE,

Mr. Pickard of the 84th, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bill and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 231. Do Pass. SR 83. Do Pass.

Respectfully submitted, Pickard of the 84th, Chairman.

Mr. Lee of the 21st, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:

SB 126. Do Pass as Amended.

Respectfully submitted, Lee of the 21st, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 277. Do Pass.

MONDAY, MARCH 24, 1969

2661

SB 171. Do Pass.

SB 215. Do Pass.

Respectfully submitted, Harris of the 77th, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 404. Do Pass.
SR 119. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.
Mr. McClatchey of the 113th, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 396. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Matthews of the 16th, Chairman of the Committee an University Sys tem of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera-

2662

JOURNAL OP THE HOUSE,

tion the following Bill of the Senate and has instructed me as Chairman, to re port the same back to the House with the following recommendation:

SB 263. Do Pass.

Respectfully submitted, Matthews of the 16th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means, has had under consideration the fol lowing Resolution of the Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
SR 95. Do Pass.
Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Harrington of the 34th, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Reso lutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 398. Do Pass.
HR 401. Do Pass.
Respectfully submitted, Harrington of the 34th, Chairman.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and recommitted to the Committee on Local Affairs:

MONDAY, MARCH 24, 1969

2663

HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities, to furnish informa tion from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs, has had under consideration the following Bills of the House and Seante and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 886. Do Pass, as Amended. HB 964. Do Pass, by Substitute. HB 387. Do Pass, by Substitute. HB 630. Do Pass. SB 233. Do Pass. SB 259. Do Pass, as Amended. HB 548. Do Pass, by Substitute. HB 549. Do Pass, by Substitute. SB 232. Do Pass. SB 236. Do Pass, as Amended.
Respectfully submitted, Clarke of the 33rd, Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1011. By Mr. Ross of the 26th:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a valid surety bond in the amount of $10,000.00, which bond shall be approved by the Ordi-

2664

JOURNAL OF THE HOUSE,

nary of Talliaferro County, and payable to the Ordinary; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 61. By Senator Holley of the 22nd: A Bill to be entitled an Act to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, etc.; to provide for the continuation of said previous inclu sion, etc., to provide an effective date; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee" within the meaning of such county pension or retirement laws existing in said counties; to provide for the continuation of said previous inclusion in said existing law so as to allow full credit for all previous time of said Solicitor as a "permanent employee"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. In all counties of this State having a population of not less than 135,000 nor more than 140,000, according to the United States Decennial Census of 1960 or any such future census, the duly elected, or appointed Solicitor of the city court of said counties shall be in cluded as a "permanent employee", and thereby entitled to membership, in such existing pension or retirement laws of said counties.
Section 2. All such previous years of service as a member of such pension laws shall be credited to said Solicitor in ascertaining his bene fits under said pension laws, provided that said Solicitor has paid in, and not had returned to him, sufficient contributions to entitle him to said previous years under the terms of said pension laws.

MONDAY, MARCH 24, 1969

2665

Sections. After becoming a member of said county pension or re tirement fund, as aforesaid, said Solicitor shall thereafter be subject to all the terms and conditions thereof, as are other members, including the requirement of contributions to the same.

Section 4. The effective date of this Act shall be January 1, 1969.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 244. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Buford, approved December 24, 1937 (Ga. L. 1937, p. 953), as amended, so as to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 886. By Messrs. Miles, Simkins and Maxwell of the 78th, Dent and Connell' of the 79th, Sherman and DeLong of the 80th:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City Council of Augusta as so authorized; and for other purposes.

The following Committee amendment was read and adopted:

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JOURNAL OF THE HOUSE,

The Local Affairs Committee moves to amend HB 886 as follows:

By striking in its entirety the first paragraph of Section 3 and substituting in lieu thereof the following:

"Section 3. There is hereby created a joint city-county board of tax assessors for Richmond County and The City Council of Augusta to be known as the Augusta-Richmond County Board of Tax Assessors for the entire territorial area of the city and coun ty. Said Board shall consist of 12 members, 6 of whom shall reside within the territorial limits of the city and who shall be elected by the City Council, not more than 2 of whom shall be residents of the same ward, 6 of whom shall reside within the territorial limits of the county, outside the limits of the city, and who shall be elected by the Commissioners, 2 that will reside in the territory from Butler's Creek to Burke County line south of Augusta, 2 residing in the territory from Butler's Creek to Rocky Creek in the limits of Richmond County and 2 from Rocky Creek to Co lumbia County line. Of the 6 members initially elected by the Council and the 6 members elected by the Commissioners, 2 shall serve for two years, 2 shall serve for three years, and 2 shall serve for four years each, respectively, and thereafter the term of office of each member shall be four years."

By adding at the end of Section 4 the following sentence:

"No member of the Board shall also be an employee of the Board or receive any compensation for any tax assessing function performed by or for the Board, except as herein provided."

By striking wherever the same shall appear in Section 5 the word "Vice-Chairman" and substituting in lieu thereof the word "Vice-Chair men."

By striking in its entirety Section 6 and substituting in lieu there of a new Section 6 to read as follows:

"Section 6. Said Board shall have all duties, powers and au thority given to county tax assessors in Chapter 92-69 of the Code of Georgia of 1933, as amended, in executing the purposes of this Act; and without limiting the generality of the foregoing, it shall be the duty of the said Board for all city, state, county, school or other tax purposes to prepare the tax digests for the city and county. The power of the said Board shall not extend to the as sessing of any property which must be returned for taxation to the State Revenue Commissioner or Comptroller General."

By striking in their entirety Sections 7 and 8 and substituting in lieu thereof new Sections 7 and 8 to read as follows:

"Section 7. A person known as the Chief Tax Appraiser shall be appointed by the Joint Tax Assessing Board with concurrence by the Richmond County Board of Commissioners and City Council

MONDAY, MARCH 24, 1969

2667

of Augusta. In the event the Commissioners or Council do not con cur with the Board in their election of the Chief Tax Appraiser, then, and in such event, upon petition of either or all the Council, Commissioners or the Board, the judges of the Superior Court of Richmond County shall by majority vote appoint a temporary Chief Tax Appraiser to serve until the next grand jury shall con vene; at which time Council shall submit in writing to said grand jury the name of its nominee for Chief Tax Appraiser, the Com missioners shall submit in writing to said grand jury the name of .their nominee for Chief Tax Appraiser, and the Board shall submit in writing to said grand jury the name of their nominee for Chief Tax Appraiser, and the superior court judge then instructing said grand jury shall instruct them that it is their first duty to elect by majority vote one of said nominees. A quorum of grand jurors for the purpose of conducting said election shall be 20. Thereafter the grand jury shall present the results of said election in writing, signed by the foreman to the superior court judge then presiding and said judge shall have same published in open court with the same formality as a jury verdict in civil cases. Said Chief Tax Ap praiser elected shall immediately take office; but should said Chief Tax Appraiser thus elected for any reason refuse to assume his duties, the procedure in selecting another Chief Tax Appraiser shall be the same as hereinabove outlined."

"Section 8. The Chief Tax Appraiser shall, under the authority of and pursuant to the direction of the Board, prepare and keep tax maps and other tax records; shall establish an equitable and scientific system of appraising property for taxation; give notice of assessments made by the Board as provided by law and perform any and all other duties relating to the assessment of taxable property as may be required by the Board. He shall receive all re turns required of taxpayers within the county and the city and all taxpayers shall be required to make a single return to the Chief Tax Appraiser, on such form as may be prescribed by the Board on or before January 31st for the year 1970, and each year there after; however, for the year 1969, the deadline for filing such returns shall, for property located within the limits of the city, be such date as the city charter now provides, and for property lo cated outside the limits of the city, be April 30, 1969. The Chief Tax Appraiser shall deliver all tax returns to the Board, together with his recommended appraisal of the value of all property sub ject to taxation by both the city or the county."

By striking in its entirety Section 14, and by renumbering Sections 15 and 16 as Sections 14 and 15, respectively.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 125, nays 0.

2668

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, approved Janu ary 3, 1938 (Ga. Laws 1937-38, Ex. Sess., pg. 77-103), as amended, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of municipalities having a popula tion of 400,000 or more according to the last Federal Decennial Census or any future such census to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; to provide for the payment of the costs of the furnishing of such information; to provide that such informa tion so furnished shall retain its confidential nature in the hands of officials of such municipalities; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., pg. 77-103), as amended, is hereby amended by adding at the end of Section 12 a new paragraph to read as follows:
"Notwithstanding the provisions of this section, the Commis sioner shall, upon request, by resolution of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any fu ture such census, furnish to the finance officer or taxing official of such municipalities any State tax returns including any State income tax return or any pertinent tax information from said tax

MONDAY, MARCH 24, 1969

2669

returns to be used by those officials in the discharge of their offi cial duties. Any information so furnished shall, in the hands of such local officials, retain their privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the State Revenue Commissioner. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing such informa tion. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal or county tax liability of the taxpayer."

SECTION 2

Should any provision of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the pro visions of this Act are severable.

SECTION 3

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 4

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Knapp of the 81st requested that the Journal show that he was opposed to the passage of HB 548, by substitute.

HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3216, relating

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JOURNAL OF THE HOUSE,

to the secrecy and confidentiality of income tax returns, so as to pro vide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities, to furnish information from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of municipalities of this State having a popula tion of 400,000 or more according to the last Federal Decennial Census or any future such census, to furnish information from State income tax returns, to the proper municipal finance officer or taxing official to be used by those officials on the discharge of their official duties; to provide for the payment of the costs of the furnishing of such in formation; to provide that such information so furnished shall retain its confidential nature in the hands of the officials of such municipali ties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, is hereby amended by adding at the end of the second paragraph thereof the following:
"The Commissioner shall, upon request, by resolution of the governing authority of municipalities of this state having a popu lation of 400,000 or more according to the last Federal Decennial Census or any future such census, furnish to the finance officer or taxing official of such municipalities any income tax returns or any pertinent tax information from said tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall, in the hands of such local officials, retain their privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confiden tial in the hands of the State Revenue Commissioner. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing such information. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal tax liability of the taxpayer."

MONDAY, MARCH 24, 1969

2671

so that when so amended, the second paragraph of Code Section 92-3216 shall read as follows:

"Notwithstanding the provisions of this Section, the Commis sioner may permit the Commissioner of Internal Revenue of the United States, or the proper officer of any State imposing an in come tax similar to that imposed by this law, or the authorized representative of either such officer, to inspect the income tax re turns of any taxpayer, or may furnish to such officer or his autho,rized representative an abstract of the return of income of any tax payer or supply him with information concerning any item of in come contained in any return, or disclosed by the report of any investigation of the income or return of income of any taxpayer; but such permission shall be granted, or such information furnished to such officer or his representative, only if the statutes of the United States or of such other State, as the case may be, grant substantially similar privileges to the proper officer of this State charged with the administration of this law. The Commissioner shall, upon request, by resolution of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any future such census, furnish to the finance officer or taxing official of such municipalities any income tax returns or any pertinent tax informa tion from said tax returns to be used by those officials in the dis charge of their official duties. Any information so furnished shall, in the hands of such local officials, retain their privileged and confi dential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the State Revenue Commissioner. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing such information. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal tax liability of the taxpayer."

SECTION 2
Should any provision of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provi sions of this Act are severable.

SECTION 3
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Knapp of the 81st requested that the Journal show that he was opposed to the passage of HB 549, by substitute.

HB 387. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The District Attorney of the Stone Mountain Judicial Circuit shall have the power to appoint one First Assistant District Attorney and four Trial Assistant District Attorneys. The powers and duties of the said First Assistant District Attorney, when acting for the District Attorney, shall be the same as those of the District Attorney. The powers and duties of the Trial Assistant District Attorneys shall be to try and assist in the trial of cases in the several courts, including the Appellate courts of this State, and such other duties as may be as signed by the District Attorney of the Stone Mountain Judicial Circuit. Said Assistant District Attorneys shall not serve beyond the term of their principal and shall be subject to removal at all times by the said principal.

MONDAY, MARCH 24, 1969

2673:

SECTION 2

The salary of said Assistants shall be at least $10,000 per year each, said salary to be payable in at least monthly installments out of the treasury of DeKalb County as a part of the operating expenses of the DeKalb Superior Court, and said salary may be increased by the governing: authority of said county as such authority may determine. The funds therefor to be provided in the same manner as the other operating expenses of said court.

SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of theBill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed,, by substitute.

HB 435. By Messrs. Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.

The following substitute, offered by Miller of the 83rd, was read andi adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, so as to authorize said city to impose, levy and collect certain taxes which are not expressly prohibited by the Constitution or general laws of this State; to provide the procedures connected there with; to provide that the city shall be empowered to impose, levy and collect service charges for services rendered by the city to its resi dents; to provide the procedures connected therewith; to provide the

2674

JOURNAL OF THE HOUSE,

procedures to be followed by the city prior to levying any such tax; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283) as amended, is hereby amended by adding between Sections 89 and 90 two new Sections to be known as Sections 89A and 89B to read as follows:
"Section 89A. The City of Macon is hereby empowered and authorized by ordinance to prescribe, impose, levy and collect, with in the corporate limits of said city, taxes which are not expressly prohibited by the Constitution or general laws of the State of Georgia, except a tax upon wages, food and medicine may not be levied under the authority of this Section, to fix, from time to time, the rates of such tax or taxes; to provide for the method of en forcement of collection of said tax; to prescribe penalty for failure to pay said tax or taxes; and to adopt all other and further pro visions which may be needful and necessary to carry out the au thority herein granted. The City of Macon is also empowered and authorized by ordinance to prescribe, impose, levy and collect serv ice charges for services rendered by the city to its residents in amounts not to exceed the cost of providing such services. Provided, however, that nothing contained herein is intended to create in the City of Macon the power to levy any service charge for services rendered by the City to its residents which said power is not already existing under the laws of Georgia. The City is authorized to fix the rates of said service charges; to classify the users of such service; to provide for the method of enforcement of collection of said service charges; to provide a penalty for the failure to pay said service charges; and to adopt all other and further provisions which may be needful and necessary to carry out the authority herein granted.
"Section 89B. Prior to levy any tax pursuant to the authority of Section 89A above, the City of Macon shall publish in the official organ of Bibb County once a week for two consecutive weeks the proposed ordinance levying any tax authorized by said Section. In addition, there shall be published therewith a projection of the anticipated revenue to be derived from such levy for the next twelve calendar months following its levy. The city shall also publish, as provided for herein, an itemization of how the projected revenue shall be expended. Within two weeks after the final pub lication of the items provided for herein, the city shall hold a pub lic hearing on the proposed ordinance levying such a tax and the proposed expenditure of the revenue anticipated to be derived therefrom. No ordinance shall be adopted by the city levying any such tax until the provisions of this Section shall have been com plied with and until the expiration of thirty days following the date on which the public hearing is held. The city shall expend said

MONDAY, MARCH 24, 1969

2675

revenue collected under such an ordinance only for that purpose which had been advertised.

SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 630. By Messrs. Cook, Horton, Pelton, Gates and Hawes of the 95th, Egan of the 116th, Adams of the 100th, Alexander of the 108th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide by ordinance for the establish ment of reasonable fees chargeable to the general public, or any rea sonable class thereof, for admission to the zoo; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 964. By Messrs. Brown of the 110th, Hood of the 99th, Horton of the 95th, Jordan of the 55th, Ezzard of the 102nd and Shepherd of the 107th: A Bill to be entitled an Act to provide that the employees of certain counties and of the political subdivisions located within such counties shall have the right of self-organization; and for other purposes.
The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to provide that Nurse Employees of health care facilities and agencies within Fulton County and the City of At lanta, or employed by Fulton County or any political subdivision of the County, shall have the right of self-organization; to provide for rep resentation of Nurse Employees; to provide for agreements; to provide for law suits; to provide for dues; and authorizations for deductions; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. This Act may be cited as the "Fulton County Nurse Employee-Management Cooperation Act".

Section 2. Definitions. When used in this Act:

(1) The term "employer" includes any person acting in the in terest of an employer, directly or indirectly, and means any health care facility, agency or authority located or operating within the County, or operated by the County of Fulton, or any political sub division of the County including, without limitation, any town, city, borough, district, township, village, school district, public and quasipublic corporation, road district, public water supply district, fire protection district, drainage district, levee district, sewer district, housing authority, County hospital authority, joint hospital au thority in which Fulton County or any political subdivision thereof is a participant, and, other special district or public authority, commission or board.

(2) The term "Nurse Employee" shall include any Registered Professional or Licensed Practical Nurse, licensed to practice in the State of Georgia, and employed by a health care facility, except that it does not include any member of a religious order.

(3) The term "Health Care Facility" shall include any institu tion, agency, or authority, including the County of Fulton or any political subdivision thereof, and engaged, whether or not for profit or as a public charity, in the operation of a general, mental, chronic disease, tuberculosis, or other type of hospital, clinic or infirmary, of a convalescent or nursing home, of a visiting nurses association, of a public health agency, or of any related facility such as a lab oratory, an out patient department, a nurses' home or a training facility.

(4) The term "Representatives" includes any individual or em ployee organization.

(5) The term "Employee Organization" includes any organiza tion of any kind in which employees participate and which exists for the purpose, in whole or in part, of dealing with health care

MONDAY, MARCH 24, 1969

2677

facility or agency employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions or stand ards of employment.

Section 3. Right to Organize and Bargain Collectively; Exclusive Recognition.

(a) Nurse Employees of health care facilities and agencies shall have, and be protected in the exercise of, the right of selforganization, to form, join, or assist any employee organization,, to bargain collectively through representatives of their own choos
ing on questions of wages, hours, and other conditions or standards, of employment and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint or coercion.

(b) Employee organizations designated as the representative of the majority of Nurse Employees in an appropriate unit, or recognized by an employer as the representative of the majority of Nurse Employees in an appropriate unit, shall be the exclusive representative for all Nurse Employees of such unit for the pur poses of collective bargaining with respect to grievances, wages, rates of pay, hours and other conditions or standards of employ ment, and methods of resolving disputes, such as arbitration, media tion, etc.

(c) Registered Professional Nurses and Licensed Practical Nurses shall not be included within the same bargaining unit.

(d) An appropriate unit of Registered Nurse Employees shall include all Registered Nurse Employees of any employer who indi cate that they desire to be included therein, except that Directors of Nursing or Administrative Supervisors performing duties equiva lent to those of Directors of Nursing shall not be included unless both the Director and the employer shall agree to such inclusion.

(e) Elected or appointed public officials shall not be included in any bargaining unit.

Section 4. Duty to Bargain. The employer and such employee or ganization as has been designated as exclusive representative of nurse employees in an appropriate unit, through appropriate officials or their representatives, shall have the authority and the duty to bargain col lectively.

Section 5. Chief Executive or His Representative shall Represent the Public Employer. Except as hereinafter provided, when an employee organization has been designated in accordance with the provisions hereof as the exclusive representative of public employees in an appro priate unit, the chief executive officer of the County or City or political subdivision, whether elected or appointed, or his designated authorized representative or authorized representatives, shall represent the public employer in collective bargaining with such employee organization.

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Section 6. Written Agreements; Appropriations to Implement; En forcement.

(a) Any agreement reached by the negotiators shall be re duced to writing and shall be executed by both parties;

(b) An agreement between any employer and an employee organization shall be valid and enforced under its terms when entered into and signed in accordance with this Act. No publica tion thereof shall be required to make it effective. The procedure for the making of an agreement between the County or City or political subdivisions and an employee organization provided by this Act shall be the exclusive method of making a valid agreement for public employees represented by an employee organization. Such agreements shall be signed by the chief executive officer of the County or City or political subdivision or his representative.

(c) Suits for violation of agreements between an employer and an employee organization may be brought by the parties to such agreement in the Georgia courts. This provision shall apply to agreements between the County or City or political subdivisions thereof and employee organizations.

Section 7. Authorization of Deduction. Upon written authorization of any employee, the employer shall deduct from the payroll of the employee such amount as the employee shall designate, the terms and conditions of which have been negotiated by the employee organization as recognized by Section 3 (b) of this Act.

Section 8. Such authorization of deductions may be withdrawn by any employee by written withdrawal or authorization, and upon thirty (30) days notice to the employer.

Section 9. Severability. If any provision of this Act or the appli cation of such provision to any person or circumstances is held invalid, the remainder of this Act or the application of such provisions to per sons or circumstances other than those as to which it is held invalid shall not be affected thereby.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, MARCH 24, 1969

2679

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd and others: A Resolution requesting that the Governing Authority of DeKalb Coun ty provide certain information to the members of the General Assem bly, creating a local study commission, providing for the payment of expenses; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 259. By Senator London of the 50th: A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Commis sioners of Fannin County to consist of a Chairman and two other members; to repeal conflicting laws; and for other purposes.
SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th and others: A Bill to amend an Act fixing the salaries of the Judges of the Supe rior Courts, approved March 7, 1957, as heretofore amended and for other purposes.
SB 284. By Senator London of the 50th: A Bill to provide a new charter for the City of Helen; and for other purposes.
The Senate has agreed to the House substitute to the following Resolution of the Senate, to-wit:
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th: A Resolution creating the "Constitution Revision Commission"; and for other purposes.

:2680

JOURNAL OF THE HOUSE,

The Senate insists on its amendment to the following Bill of the House, o-wit:

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th and others: A Bill to amend Title 34 of the Code of Georgia of 1933, so as to pro vide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The Senate has passed by the requisite constitutional majority the following of the House, to-wit:
HB 768. By Messrs. Scarlett and Harris of the 67th: A Bill to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; and for other purposes.
HB 856. By Mr. Clarke of the 33rd: A Bill to amend an Act creating a board of commissioners of Monroe County, so as to change the compensation of the commissioner; and for other purposes.
HB 875. By Mr. Clarke of the 33rd: A Bill to create a new board of education of Butts County; and for other purposes.
HB 881. By Mr. Ross of the 26th: A Bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the Solicitor General (now District Attorney) of Toombs Judicial Circuit, so as to provide for an expense allowance for said District Attorney; and for other purposes.
HB 882. By Messrs. Johnson and Phillips of the 29th: A Bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.

MONDAY, MARCH 24, 1969

2681

HB 883. By Messrs. Anderson and Holder of the 49th:
A Bill to change the number of the members of the Telfair County Board of Education from 5 to 7; and for other purposes.

HB 884. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.

HB 916. By Messrs. Harris and Roach of the 10th:
A Bill to amend an Act incorporating the City of Emerson, in Bartow County, so as to change the corporate limits of the City of Emerson; and for other purposes.

HB 919. By Mr. Moate of the 28th:
A Bill to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the U. S. Decennial Census of 1960; and for other purposes.

HB 924. By Messrs. Holder and Anderson of the 49th:
A Bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of said sheriff; and for other purposes.

HB 925. By Messrs. Holder and Anderson of the 49th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for compensation for the commissioner of said county; and for other pur poses.

HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.

HB 939. By Mr. Hadaway of the 27th:
A Bill to amend an Act creating a new charter for the City of Gray (formerly town of Gray), so as to change the corporate limits of said city; and for other purposes.

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HB 948. By Mr. Knowles of the 22nd:
A Bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the tax com missioner of Henry County; and for other purposes.

HB 950. By Messrs. Snow, Hale and Crowe of the 1st, and Peters of the 2nd:
A Bill to provide a salary for the court reporter of the Lookout Moun tain Judicial Circuit, which salary shall be in addition to the fees he is entitled to receive by law; and for other purposes.

HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.

HB 955. By Messrs. Kreeger, Housley, Atherton, Burruss, McDaniell, Wilson, and Henderson of the 117th:
A Bill to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.

HB 958. By Mr. Barber of the 15th: A Bill to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; and for other purposes.
HB 960. By Messrs. Russell and Keyton of the 70th:
A Bill to provide that all members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling ex penses incurred when on county business; and for other purposes.
HB 961. By Mr. Conner of the 56th:
A Bill to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and commissioners; and for other purposes.

HB 962. By Mr. Conner of the 56th: A Bill to amend an Act providing a new charter for the City of Hazel-

MONDAY, MARCH 24, 1969

2683

hurst, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.

HB 963. By Messrs. Anderson and Holder of the 49th:
A Bill to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of said city; and for other purposes.

HB 966. By Mr. Shanahan of the 8th:
A Bill to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said city; and for other purposes.

HB 967. By Messrs. Peterson and Nunn of the 41st:
A Bill to amend an Act incorporating the City of Warner Robins, so as to provide the procedures whereby the compensation of the mayor and councilmen may be changed by the mayor and council and for other purposes.

HB 968. By Messrs. Farmer and Matthews of the 16th:
A Bill to amend an Act creating the Clarke County School district and providing for a board of education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.

HB 969. By Messrs. Evans, Keen, Scarborough and Knapp of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city and for other purposes.

HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to amend an Act creating the "Georgia Higher Education Assist ance Committee", so as to confer upon the Committee additional powers; and for other purposes.

HB 329. By Messrs. Matthews of the 16th and Barber of the 15th:
A Bill to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.

2684

JOURNAL OF THE HOUSE,

HB 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A Bill to amend the Code of Georgia, so as to provide that the contracts, promissory notes, and any other consensual transaction of certain dis abled veterans shall be valid and binding; to provide that the deeds, security deeds and other conveyances of property to or by certain dis abled veterans shall be valid and binding; and for other purposes.

HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A Bill to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior Court Clerks or Deputy Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.

HB 532. A Bill to amend an Act providing appropriations for the fiscal years
1967-68, generally known as the General Appropriations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for welcome centers established at places other than at the highway entrance to the State; and for other purposes.

HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th, Mullinax of the 30th and others:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.

HB 805. By Mr. Johnson of the 29th:
A Bill to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.

HB 854. By Mr. Lambert of the 25th:
A Bill to amend an Act approved February 27, 1962, so as to provide that it shall not be necessary to obtain the signatures of the owners of any public street, road or highway right-of-way; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

MONDAY, MARCH 24, 1969

2685

HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to create the Georgia Higher Education Assistance Authority; and for other purposes.

HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A Bill establishing a retirement system for teachers in the State public schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; and for other purposes.

HB 567. By Mr. Harrison of the 66th:
A Bill to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provi sions thereof relative to filling vacancies in said office and for other purposes.

HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th and others:
A Bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.

HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.

HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A Bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; and for other purposes.

HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to reincorporate the City of Cave Spring in the County of Floyd; to create a new charter for said City; and for other purposes.

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HB 918. By Messrs. Harris and Roach of the 10th:
A Bill to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.

HB 908. By Messrs. Bostick, Matthews and Pallin of the 63rd:
A Bill to require the Chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.

HB 965. By Messrs. Peterson and Nunn of the 41st:
A Bill to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:

HR 64-139. By Mr. Carnes of the 104th:
A Resolution creating the Juvenile Court Law Study Commission, ap proved April 19, 1968, providing compensation for two juvenile court judges who are on the Commission that were appointed by said Com mittee; and for other purposes.

HR 274-835. By Mr. Hadaway of the 27th:
A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Ap peals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.

HR 288. By Messrs. Dean of the 76th, Hood of the 99th, Ezzard of the 102nd and others:
A Resolution requesting the Georgia Congressional Delegation to initiate federal legislation to provide certain funds for aid to families with de pendent children; and for other purposes.

HR 361. By Messrs. Buck and Jones of the 84th:
A Resolution designating Miss Georgia as the "Official Hostess for the State of Georgia"; and for other purposes.

MONDAY, MARCH 24, 1969

2687

The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bill of the House, to-wit:

HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th and others:
A Bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 431. By Messrs. Melton and Brown of the 32nd:
A Bill creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 138. By Holloway of the 12th, McGill of the 24th, Smith of the 34th, Reeder of the 55th, Garrard of the 37th, and others:
A Resolution creating the Coastal Marshlands Study Committee; and for other purposes.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th, and Andrews of the 49th:
A Bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate insists on its amendment to the following Bill of the House, to-wit:

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JOURNAL OF THE HOUSE,

HB 253. By Mr. Shanahan of the 8th:
A Bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change in the compensation of the said Commissioner; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 1. By Senator Rowan of the 8th:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the volun tary, emergency and evaluation admission of patients; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 233. By Senator London of the 50th:
A Bill to amend an Act placing the sheriff of Fannin County upon annual salary, as amended, so as to change the compensation of the sheriff; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd, and Reeder of the 55th:
A Resolution requesting that the Governing Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the payment of ex penses; and for other purposes.
Referred to the Committee on Rules.

SB 259. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Commissioners of Fannin County to consist of a Chairman and two other members; and for other purposes.
Pofo-vari to the Committee on Local Affairs.

MONDAY, MARCH 24, 1969

2689

SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th, and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act fixing the salaries of the Judges of the Superior Courts, so as to provide that the governing authorities of counties having a population of 500,000 or more, may revise, modify, or decrease the amount of any supplement to the salary of such Judges, authorized by any local or general law or amendment to the Constitution, whenever the basic salaries of Judges of the Su perior Court have been modified or increased by the General Assembly of Georgia, or other benefits in the form of allowances have been in creased; and for other purposes.
Referred to the Committee on Local Affairs.

SB 284. By Senator London of the 50th:
A Bill to be entitled an Act to provide a new charter for the City of Helen; and for other purposes.
Referred to the Committee on Local Affairs.

SR 138. By Senators Holloway of the 12th, MeGill of the 24th, Smith of the 34th and others:
A Resolution creating the Coastal Marshlands Study Committee and for other purposes.
Referred to the Committee on Natural Resources.

SB 233. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Fannin County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Local Affairs and recommitted to the Committee on Special Judiciary:

SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act so as to provide that the governing authorities of counties having a population of 500,000 or more may revise the amount of any supplement to the salary of the Judges of the Superior Court authorized by any local or general laws or amendment to the Constitution, whenever the basic salaries of Judges of the Superior Court have been modified or increased by the General

2690

JOURNAL OF THE HOUSE,

Assembly, or other benefits in the form of allowances have been in creased.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:

HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to reincorporate the City of Cave Spring in the County of Floyd; to create a new Charter for said city; and for other purposes.

The following Senate amendment was read:
The Senate County and Urban Affairs Committee moves to amend House Bill No. 899 as follows:
By striking subsection (f) of Section 1.03 and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks sys tem, sewerage system, a natural gas system, and a community an tenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water and gas furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes."
By striking the word "twenty" from the first sentence of subsec tion (g) of Section 1.03 and inserting in lieu thereof the word "fifty".
By changing the period at the end of subsection (m) of Section 1.03 to a semicolon and adding the following:
"provided, however, no ordinance, regulation or standards promulgated under this section shall be construed to apply to communications equipment installations made by or for a utility and required by it in the rendition of its duly authorized services to the public."
And by adding in Article 5 a new section to be known as Section 5.10 to read as follows:
"Section 5.10. Special Elections, Call. The governing authority shall issue the call for any special election; and in the event of a

MONDAY, MARCH 24, 1969

2691

vacancy to be filled in a special election, the governing authority shall issue the call within ten days after such vacancy occurs."

Mr. Lowrey of the 9th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 899 was agreed to*
HB 130. By Messrs. Lee, Gary, and Northcutt of the 21st: A Bill to be entitled an Act to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; to provide for the reduction of such supplement under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. In addition to the salary and contingent expense allow ance payable from State funds, each judge of the superior court of the Clayton Judicial Circuit shall receive a supplement of three thousand dollars ($3,000.00) per annum which shall be paid in equal monthly in stallments from the funds of Clayton County, and the governing au thority of Clayton County is hereby authorized and directed to pay to each judge the compensation herein provided. Provided, however, the supplement provided herein shall be reduced by any amount in excess of twenty-six thousand dollars ($26,000.00) per annum, based on the com bined salary, contingent expense allowance and county supplement of such judges, payable from State and county funds.
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE HOUSE,

Mr. Northcutt of the 21st moved that the House agree to the Senate sub stitute.

On the motion to agree, the ayes were 103, nays 0.
The Senate substitute to HB 130 was agreed to.
HB 918. By Messrs. Harris and Roach of the 10th: A Bill to be entitled an Act to reincorporate the City of Cartersville, and for other purposes.
The following Senate amendments were read:
Senator Fincher of the 51st moves to amend House Bill No. 918 as follows:
By adding in Article 7 a new section to be known as Section 7.12 to read as follows:
"Section 7.12. Special Elections, Call. The governing authority shall issue the call for any special election; and in the event of a vacancy to be filled in a special election, the governing authority shall issue the call within ten days after such vacancy occurs."
Senator Fincher of the 51st moves to amend House Bill No. 918 as follows:
By striking in Article I, Section 1.03, paragraph (h) the word ""cemetaries" and inserting in lieu thereof the word "cemeteries";
By adding in Article I, Section 1.03, paragraph (n) after the word "city prisoners" the following phrase: "to any city jail or";
By adding at the end of the fifth sentence in Article II, Section 2.04 the following: "or if such notice is waived in writing";
By adding a comma after the words "all records of the council" in the second sentence of Article II, Section 2.09;
By striking the words "or mayor" at the end of the last sentence of Article II, Section 2.09, and by adding a period at the end of said sentence;
By striking the word "option" in the third sentence of Article II, Section 2.10, and inserting in lieu thereof the word "adoption";

MONDAY, MARCH 24, 1969

2693

By striking the word "thorugh" in the first sentence of Article HI, Section 3.11, and inserting in lieu thereof the word "through";

By striking in Article V, Section 5.06 the second sentence which reads as follows: "It shall be the duty of the city council, upon its ap proval and adoption, in their annual levy of taxes, to make such levy as, in their judgment, shall be necessary and advisable to meet the ex penditures contemplated in such estimate; and the amount so levied, to gether with all other funds from all other sources for school purposes re ceived by the city, shall be collected and deposited to the credit of the Cartersville School Board, and not diverted, or used for any other purpose.", and by inserting in lieu thereof the following sentence: "It shall be the duty of the city council, upon its approval and adoption, in their annual levy of taxes, to make such levy as, which in their judg ment, and considering other sources of revenue, shall be necessary and advisable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all other funds from all other sources for school purposes received by the city, shall be collected and deposited to the credit of the Cartersville School Board, and not di verted, or used for any other purpose."; and
By striking in the last paragraph of Article VII, Section 7.11 the following sentence in its entirety: "Any qualified person complying with this section may become a candidate for the office, and the candi date receiving the highest number of votes of those offering for mayor if the mayor is recalled, or of those offering for the position of council man from one or more of the wards in the City of Cartersville, if one or more councilmen are recalled, shall be declared elected."

Mr. Harris of the 10th moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendments to HB 918 were agreed to.

HB 431. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee moves to amend House Bill 431 as follows:

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JOURNAL OF THE HOUSE,
By adding at the end of subsection (a) of Section 2 the following sentence:

"Any person so appointed shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in Spalding County."

Mr. Melton of the 32nd moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 431 was agreed to.

HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conslusions of law thereon; and for other purposes.

The following Senate amendment was read:
The Senate Judiciary Committee offers the following amendment to House Bill 747:
By deleting in subsection (b) of Code Section 81A-152 quoted in Section 1 of said bill the second sentence which reads as follows:
"The motion may be made with a motion for a new trial which shall be served not later than 10 days after the entry of judgment."
And by subsituting in lieu thereof the following:
"The motion may be made with a motion for a new trial, but if so made, both motions shall be made within ten (10) days after the entry of judgment."

Mr. Levitas of the 77th moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 24, 1969

Those voting in the affirmative were Messrs.:

Adams Alexander
Anderson Atherton Barber Barfield
Battle Bell
Bennett Berry Blaloek Bond
Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Cole Collier Collins, M. Conger Conner Cook Cooper Crowe Daugherty Davis, W. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Egan Farmer Farrar Felton
Floyd, L. R. Funk
Gary

Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley
Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus
Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt

2695
Miles Milford Moate Moore Morris Mullinax Nash Nessmith Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Ross Rowland Rush Salem Scarlett Shanahan Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Ballard Black

Bohannon Bostick

Bowen Bray

2696
Clarke Collins, S. olwell Connell JDailey Davis, E. T. Dean, J. E. Dent Edwards Ellis Evans Ezzard Fallin Floyd, J. H. Gunter

JOURNAL OF THE HOUSE,

Hale Hamilton Harris, R. W. Harrison Hood
Joiner Keyton Lambert
Lane, W. J. Matthews, C. Miller Murphy Northcutt Nunn Peterson

Pickard Poole Reaves Roach Russell
Scarborough Shepherd Simkins
Vaughn Whaley Wheeler, Bobby Wheeler, J. A. Winkles Mr. Speaker

On the motion, the ayes were 145, nays 0.

The motion prevailed, and the Senate amendment to HB 747 was agreed to.

HB 489. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit cer tain funds and use the interest to make certain purchases upon au thorization of a judge of the superior court; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee offers to amend House Bill No. 489 as follows:
By striking from the title the following:
"and use the interest to make certain purchases upon authori zation of a judge of the Superior Court",
and inserting in lieu thereof the following:
"and deposit the interest to the treasury of the county",
And by striking from Section 1 the following:
"and to use the interest accumulated as a result of said deposits for the purchase of non-recurring items and equipment upon au thorization of a judge of the Superior Court in any such county",

MONDAY, MARCH 24, 1969

2697

and inserting in lieu thereof the following:

"and to deposit in the county treasury the interest accumulated as a result of said deposits."

Mr. Harris of the 77th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 113, nays 0.

The motion prevailed, and the Senate amendment to HB 489 was agreed to.

HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Appropriations amends HB 11 as follows:
Section 40-41.1 in third line after word "assembly", by striking "at least three months" and inserting in lieu thereof "at least forty-five (45) days".

Mr. Floyd of the 7th moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell

Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games

2698
Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gei singer Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F.

JOURNAL OF THE HOUSE,

Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy

Nash Nessmith Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Whaley Wheeler, J. A. Wilkerson Winkles Wilson Wood

Voting in the negative was Mr. Blalock.

Those not voting were Messrs.:

Clarke Dickinson

Dodson Evans

Gunter Hale

Hamilton Henderson
Higginbotham Jordan, H. S. Keen Knapp Lambert Lane, W. J.

MONDAY, MARCH 24, 1969
Mason McDaniell Miller Northcutt Odom Pickard Pinkston Poole

2699
Reaves Scarborough Sims Townsend Westlake Wheeler, Bobby Williams Mr. Speaker

On the motion, the ayes were 164, nays 1.
The motion prevailed, and the Senate amendment to HB 11 was agreed to.
By uanimous consent, all House Bills and Resolutions passed today were or dered immediately transmitted to the Senate.
Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 234. By Senator Bateman of the 27th: A Bill to be entitled an Act to amend an Act so as to provide for a re duction in license fees on certain motor vehicles used as common or contract carriers for hire of pasengers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett

Berry Black Blalock Bohannon Bond Bray Brooks Brown, B. D. Brown, C.

Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke

2700
Cole Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Evans Fallin Farrar Felton Floyd, J. H. Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham

JOURNAL OF THE HOUSE,

Hill, B. L. Hill, G. Holder Hood Horton Housley Howell
Hudson Hutchinson
Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lawrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash

Odom Pafford Parker, C. A. Patterson Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard Pinkston Potts Rainey
Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons
Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, A. W. Toles Townsend Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Voting in the negative were Messrs. Ballard and Sorrells.

Those not voting were Messrs.:

Bostick
Brantley, H. H. Brantley, H. L. Collier Collins, M.

Dean, N.
Ellis Ezzard Farmer Floyd, L. R.

Gaynor Hale Hamilton Harris, J. R. Henderson

Johnson Jones, C. M. Keyton Lane, W. J. Levitas Matthews, C. Matthews, D. R. Murphy

MONDAY, MARCH 24, 1969
Nessmith Northcutt Nunn Paris Parker, H. W. Peterson Poole Reaves

2701
Russell Thompson, R. Vaughn Wamble Ware Wilson Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

SB 21. By Senators Miller of the 43rd, Gillis of the 20th, and others:
A Bill to be entitled an Act to authorize public school teachers to con duct a brief period of silent prayer with the participation of all pupils at the opening of school upon every school day; and fr other purposes.

The following amendment was read and adopted:
Messrs. Barber of the 15th, Parker of the 46th and Levitas of the 77th move to amend Senate Bill 21 as follows:
By inserting a new subsection to Section 1 appropriately designated to read as follows:
"No teacher, principal, schoolboard or any other person may require or prescribe any particular method or manner in which a child shall participate in any period of prayer or meditation, but each child be absolutely free to participate therein, or not, in such manner or way as such child shall personally desire consistent with his or her beliefs."

An amendment, offered by Mr. Gunter of the 6th, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

2702

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick
Bowen Brantley, H. H. Brantley, H. L. Bray
Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier
Collins, M< Collins' S. Colwell Conger
Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean N
DeLo'ng Dent Dickinson Dixon
Dodson Dorminy Douglas
Edwards Egan
Ellis
Evans

Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway
Hargrett Harrington Harris, J. F. Harris, R. W.
Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner
Jones, C. M. Jones, Herb Jones, M. Jordan, G.
Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, W. J.
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas
Lewis Longino Lowrey
Marcus Mason
Matthews, C.
Matthews, D. R.

Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullmax
Murphy Nashh Nessmith Northcutt
Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard
Pinkston Potts Rainey Reaves
Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan
Shepherd Sherman Simkins Simmons
Sims Smith, J. R. Smith, V. T.
Snow Sorrells
Sweat
Thomason

MONDAY, MARCH 24, 1969

2703

Thompson, R. Toles Vaughn Ware Westlake

Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams

Wilson Winkles Wood

Those voting in the negative were Messrs.:

Brown, B. D.

Daugherty

Hill, B. L.

Those not voting were Messrs.:

Alexander Bond Cook Dean, J. E. Ezzard Farmer

Hale Hamilton Harris Housley Lane, Dick Poole

Russell Thompson, A. W. Townsend Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 175, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and others:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.

Mr. McCracken of the 34th moved that the House insist on its position in disagreeing to the Senate amendment to HB 564, and that a Committee of Con ference on the part of the House be appointed to confer with a like committee on the part of the Senate.

The motion prevailed.

2704

JOURNAL OP THE HOUSE,

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Lambert of the 25th, Howell of the 60th and McCracken of the 36th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th, and Townsend of the 115th.
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws re lating to the hospitalization and release of mentally ill persons; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 1
The Conference Committee on HB 1 recommends the following:
That the Senate recede from its position and that the bill as passed by the House be adopted with the following amendments:
By adding in the title, after the following:
"to provide for paying certain expenses;",
the following:
"to authorize the governing authority of each county to determine whether persons in their respective counties shall be hospitalized under judicial admission provisions or medical admission provisions of Chapter 88-5;".
By striking subsection (f) of quoted Section 88-501 in its entirety and inserting in lieu thereof the following:
"(f) 'Physician' shall mean a doctor of medicine who is licensed to practice in this State under the provisions of the Georgia Medical Practice Act (Ga. Code Chapter 84-9), or who is employed as a physician by the United States Veterans Administration or other federal agency;".
By striking from subsection (m) of quoted Section 88-501 the following: "88-506.7" and inserting in lieu thereof the fol lowing: "88-506.8".

MONDAY, MARCH 24, 1969

2705

By striking the last sentence of quoted Section 88-502.1 and inserting in lieu thereof the following:

"No right or privilege granted by this Chapter shall be denied any person.".

By striking quoted Section 88-502.18 in its entirety and in serting in lieu thereof the following:

"88-502.18. Liability for violations.--Any person who by wilful action or gross negligence, violates or abuses any provision of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such wrongful conduct. Any physician, peace officer, at torney, health officer, or hospital officer, agent, or em ployee, whether employed by a private hospital or at hos pital facilities operated by the State, a political subdivi sion of the State, or by a hospital authority created pur suant to the Hospitals Authorities Laws of Georgia. (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chapter, shall be immune front civil or criminal liability for his actions in connecton with the admission of a patient to a facility or the discharge of a patient from a facility.".

By striking quoted Section 88-504.1 in its entirety and in serting in lieu thereof the present quoted Section 88-504.2 and renumbering same as "88-504.1", so that when so amended 88-504.1 shall read as follows:

"88-504.1. Facility for emergency admission.--Any state-owned or state-operated facility may be designated by the department as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hospital and each Georgia Re gional Hospital which shall accept patients from any county under the provisions of Sections 88-504.2 through 88-504.6. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. No provisions of this Chapter shall be deemed torequire any county to construct any facility for the hospitalization or treatment of mental patients.".

By striking quoted Sections 88-504.2 and 88-504.3 in their entirety and inserting in lieu thereof the following:

"88-504.2. Admission to an emergency receiving fa cility.--In a county in which, under the provisions of Sec tion 88-508.9, the medical admission procedures of this. Chapter apply, any physician may execute a certificate stating that he has examined a person within the preced ing 48 hours and found that the person appears to be

2706

JOURNAL OF THE HOUSE,

mentally ill and is likely to injure himself or others, and the observations upon which that conclusion is based. The physician's certificate authorizes any peace officer to take the person into custody and to deliver him forthwith to the nearest available Emergency Receiving Facility, where he shall be received for examination. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report and the physician's certificate shall be made a part of the patient's clinical record.

"88-504.3. Examination by a physician.--In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter apply, (a) if a person is committing a penal offense, as defined in Section 88-501 (n) and if there is probable cause for be lieving the person to be mentally ill and a danger to him self or others, or (b) a person is overtly threatening to commit suicide, a peace officer may take the person to a physician, within the county or an adjoining county, for emergency examination by the physician, as provided in Section 88-504.2.".

By striking from quoted Section 88-504.6 the following:

"Section 88-504.3",

and inserting in lieu thereof the following:

"Section 88-504.2".

By striking from quoted Section 88-505.1 the following:

"desingated",

and inserting in lieu thereof the following:

"designated".

By striking from quoted Section 88-505.2 the following:

"In any county whose governing authority has deter mined, pursuant to the provisions of Section 88-508.9, that the medical admission procedures of this Chapter shall ap ply, proceedings for a court-ordered evaluation may be initiated in the following manners:",

and inserting in lieu thereof the following:

"In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter

MONDAY, MARCH 24, 1969

2707

apply, proceedings for a court-ordered evaluation may be initiated in the following manners:".

By striking from quoted Section 88-505.6 the following:

"and (a) if the patient was admitted to the Emergen cy Receiving Facility under subsection 88-504.3 (a), to the Court which entered the order; (b) if the patient was taken into custody under subsection 88-504.3 (b), to the agency which took the patient into custody; (c) if the ad mission to the Emergency Receiving Facility was under subsection 88-504.3 (c), to the physician who executed the certificates; and (d)",

and inserting in lieu thereof the following:

"and (a) if the patient was admitted to the Emergency Receiving Facility under Section 88-504.2, to the physician who executed the certificate; (b) if the patient was taken into custody under Section 88-504.2 or Section 88-504.3, to the agency which took the patient into custody; and (c)".

By striking from quoted Section 88-506.3 the following:

"hospitalized" and "Section 88-506.5",

and inserting in lieu thereof the following:

"hospitalized" and "Section 88-506.6", respectively.

By striking from quoted Section 88-506.4 the following:

"Section 88-506.5",

and inserting in lieu thereof the following:

"Section 88-506.6".

By renumbering quoted Sections 88-506.5, 88-506.6 and 88-506.7 as Section 88-506.6, 88-506.7 and 88-506.8, respectively.

By adding a new quoted Section 88-506.5, to read as follows:

"88-506.5. Hearing Examiner.--(a) One or more Hearing Examiners shall be appointed by the Justices of the Supreme Court to hold the hearings provided under Section 88-506.6. Such Hearing Examiners shall be mem bers of the State Bar of Georgia and shall be compensated by the department.

.2708

JOURNAL OF THE HOUSE,
(b) The Hearing Examiners shall have the author ity to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by depo sition;
(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct com mitted in the presence of the Hearing Examiner.
(c) If a subpoena issued by the Hearing Examiner is disobeyed, the Hearing Examiner may apply to the Su perior Court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient cannot afford counsel in a hearing before the Hearing Examiner, the Hearing Ex aminer shall apply to the Superior Court of the county in which the hearing is held and that Court shall appoint counsel for the patient.
(e) An order of the Hearing Examiner rendered in a hearing in Section 88-506.6 may be appealed to the Su perior Court of the county in which the hearing was held in the manner provided by Section 88-502.16 for appeals from orders of the Courts of Ordinary.".
By striking from renumbered Section 88-506.6 (formerly Section 88-506.5) paragraph (3) of subsection (c) in its en tirety and inserting in lieu thereof a new paragraph (3), to read as follows:
"(3) If a hearing is requested within fifteen days of service of the petition on the patient and his represent atives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintendent and shall transmit the petition and the request for a hearing to the office of the Hearing Examiner. The Hearing Examiner shall set a time and place for the hearing to be held within ten days of the time the Hearing Examiner receives the petition. Notice of the hearing shall be served on the patient and his representatives as

MONDAY, MARCH 24, 1969

2709s

provided in Section 88-502.15. The Hearing Examiner may grant a continuance for good cause. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Hearing Ex aminer. The patient shall have a right to counsel. The pa tient and his representatives shall be informed of this right by the Hearing Examiner and, if the patient cannot afford counsel, counsel shall be appointed as provided in Section 88-506.5(d). The hearing shall be held in as in formal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Hearing Examiner, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Hearing Examiner's action. The Hearing Examiner shall receive all relevant testimony and evidence. At least one physician attending the patient at the Treatment Fa cility shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Hearing Examiner concludes that the patient requires continued hospitalization, the Hearing Examiner shall so order and the Treatment Fa cility shall thereby be authorized to retain the patient for a period not to exceed one year.".

By striking from renumbered Section 88-506.7 (formerly Section 88-506.6) the following:
"Section 88-506.7",
and inserting in lieu thereof the following:
"Section 88-506.8".
By striking from renumbered Section 88-506.8 (formerly Section 88-506.7) the following:
"in subsection 88-506.5 (c) (1) and the Court of Or dinary shall conduct proceedings as provided in subsec tions 88-506.5 (c) (2) and 88-506.5 (c) (3)",
and inserting in lieu thereof the following:

"in subsection 88-506.6 (c) (1) and proceedings shall be conducted as provided in subsections 88-506.6 (c) (2) and 88-506.6 (c) (3)".
By striking from subsection (j) of quoted Section 88-507.3 the following:

2710

JOURNAL OP THE HOUSE,

"Section 88-506.5",

and inserting in lieu thereof the following:

"Section 88-506.6".

By striking from subsection (b) of quoted Section 88-508.2 the following:

"Sections 88-505.3, 88-506.4 and 88-506.5",

and inserting in lieu thereof the following:

"Sections 88-505.3 and 88-506.4".

By striking subsection (d) of quoted Section 508.2 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows:

"(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $10.00 and actual expenses. In exceptional circumstances, the attorney may apply to the Superior Court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein.".

By striking quoted Section 88-508.9 in its entirety and inserting in lieu thereof a new Section 88-508.9, to read as follows:

"88-508.9. Determination of applicable method of hospitalization.--The governing authority of any county may determine that persons in the county shall be hospitalized only under the judicial admission provisions of Sections 88-507.2 through 88-507.3. In the absence of such a de termination, the medical admission provisions of Sec tions 88-504.1 through 88-504.6; 88-505.1 through 88-505.7; and 88-506.1 through 88-506.4 shall be the only applicable method of hospitalization in that county. The determina tion that the judicial admission provisions shall constitute the applicable method of hospitalization shall be made by the governing authority of the county within its sole and absolute discretion after consultation with the Ordinary of that county and with the county board of health and shall establish the exclusive method of hospitalization to be used in that county. If the governing authority of any county determines, as provided in this Section, that the medical admission procedures shall not apply in that county, the sole method of hospitalization in that county, notwithstanding any other provision of law, shall be the judicial admission procedures provided in Sections 88-507.2

MONDAY, MARCH 24, 1969

2711

through 88-507.3. If a county elects to utilize only the ju dicial admission procedures as provided in this Section, notice of such election shall be given to the department by the governing authority. Not more often than annually, the governing authority of any county may reexamine the method of hospitalization utilized in that county and make a new determination, under the provisions of this Section, as to whether the medical admission procedures or the judicial admission procedures shall apply in that county. Notice of any change in the admission procedures em ployed in that county shall be given to the department.".

By adding after the first sentence of paragraph (1) of subsection (a) of quoted Section 49-604, the following:

"The Court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.15.".

By striking from paragraph (3) of subsection (a) of quoted Section 49-604, the following:

"In all cases in which a petition for the appointment of a guardian is filed under subsection (a), the petition",

and

"subsection 88-506.5 (c) (3)",

and inserting in lieu thereof the following:

"Unless only a temporary guardianship is sought un der the provisions of subsection (a) (2), the petition filed under subsection (a) (1)",

and

"Section 88-506.4", respectively.

And, by adding in the first sentence of quoted Section 49-610 between the words "physician" and "residing", the following:

2712

JOURNAL OF THE HOUSE,

"licensed to practice medicine under the Georgia Medi cal Practice Act (Chapter 84-9)".

Respectfully submitted,

FOR THE SENATE
Robert A. Rowan Senator, 8th District
Frank C. Vann Senator, 10th District
Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES
Clayton Brown Representative, 32nd District
Sidney Marcus Representative, 105th District
Virgil T. Smith Representative, 3rd District

Mr. Smith of the 3rd moved that the House adopt the report of the Com mittee of Conference.

On the motion, the ayes were 99, nays 13.

The report of the Committee of Conference on HB 1 was adopted.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SB 149. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections so as to change the provisions relating to the extension of the limits of the place of confinement of certain prisoners; and for other purposes.

Mr. Harrington of the 34th moved that the House insist on its position in substituting the Bill, and that a Committee of Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

MONDAY, MARCH 24, 1969

2713

Messrs. Harrington of the 34th, Keen of the 81st and Hargrett of the 58th.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 352-1004. By Messrs. Gary and Lee of the 21st:
A Resolution authorizing the conveyance of certain real property lo cated in Clayton County to the City of Atlanta; and for other purposes.

The Committee substitute was read and withdrawn by unanimous consent.

The following substitute, offered by Mr. Lee of the 21st, was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other pur poses.
WHEREAS, there are two certain tracts of land in Clayton County, Georgia, the one containing 9.37 acres, more or less, and the other con taining 13.68 acres, more or less, which are owned by the State of Georgia and have heretofore been held and managed by the State Highway Department of Georgia; and
WHEREAS, said tracts of land are more particularly described as follows:
TRACT 1
"A tract of land being a segment of existing State Route 139 right of way lying in Land Lots No. 26, 27 and 3 of District No. 13 of Clayton County, State of Georgia, on the west side of Atlanta Airport.
Beginning at the point of intersection of the existing west right of way line of State Route 139 with the Clayton-Fulton County Line; thence N9000'E along said county line, a distance of 82.29 feet to the east right of way line of State Route 139; thence along said east right of way line on a curve (756.20' radius) to the right, a distance of 96.93 feet; thence S0528'E along said right of way line, a distance of 557.90 feet; thence along said right of way line on a curve (1,105.92' radius) to the left, a distance of 578.09 feet; thence S3525'E along said right of way line, a distance of 627.10 feet; thence along said

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right of way line on a curve (4,284.13' radius) to the right, a distance of 611.91 feet; thence S2714'E along said right of way line, a distance of 482.50 feet; thence along said right of way line on a curve (1,869.86' radius) to the left, a distance of 698.95 feet; thence S4839'E along said right of way line, a distance of 785.30 feet; thence along said east right of way line on a curve (5,769.65' radius) to the right, a distance of 775.61 feet to the point of intersection of said east right of wayline of State Route 139 with the extension (eastward) of the north line of Sullivan Road; thence N9000'W along said extension of the north line of Sullivan Road, a distance of 106.48 feet to the point of intersection of the north line of Sullivan Road with the west right of way line existing State Route 139; thence along the west right of way line of State Route 139 on a curve (5,689.65' radius) to the left, a dis tance of 695.07 feet; thence N4839'W along said west right of way
line, a distance of 785.30 feet; thence along said right of way line on a curve (1,949.86' radius) to the right, a distance of 728.85 feet; thence N2714'W along said right of way line, a distance of 482.50 feet; thence along said right of way line on curve (4,204.13' radius) to the left, a distance of 600.49 feet; thence N3525'W along said right of way line, a distance of 627.10 feet; thence along said right of way line on a curve (1,185.92' radius) to the right, a distance of 619.91 feet; thence N0528'W along said right of way line, a distance of 557.90 feet; thence along said west right of way line on a curve (676.20' radius) to the left, a distance of 104.93 feet to the point of beginning, containing herein
9.57 acres, more or less."; and

TRACT 2
"A tract of land being a segment of existing Clark Howell High way (Old State Rte. 85) right of way lying in Land Lots No. 10 and 23 of District No. 13 of Clayton County, State of Georgia, on the east side of Atlanta Airport.
Beginning at the point of intersection of the existing west right of way line of Clark Howell Highway with the north right of way line of Interstate Route 285, said point of beginning being N1201'W a distance of 93.0 feet from the point of intersection of the existing west right of way line of Clark Howell Highway with the Land Lot Line between Land Lots No. 23 and 42; thence N1201'W along the west right of way line of Clark Howell Highway, a distance of 823.86 feet; thence along said right of way line on a curve (11,409.16' radius) to the left, a distance of 710.19 feet; thence N1535'W along said right of way line, a distance of 3347.40 feet; thence along said right of way line on a curve (2,814.79' radius) to the left, a distance of 995.16 feet; thence N3551'W along said right of way line, a distance of 98.23 feet to the point of intersection of said west right of way line of Clark Howell Highway with the Clayton-Pulton County Line; thence N9000'E along said county line a distance of 123.38 feet to the east right of way line of Clark Howell Highway; thence S3551'E along said east right of way line, a distance of 25.97 feet; thence along said right of way line on a curve (2,914.79' radius) to the right, a distance of 1030.99 feet; thence S1535'E along said right of way line, a distance of 3,347.40 feet; thence along said right of way line on a curve (11,509.16' radius) to the right, a distance of 716.41 feet; thence S1201'E

MONDAY, MARCH 24, 1969

2715

along said east right of way line, a distance of 823.86 feet; thence S7759'W, a distance of 100.00 feet to the point of beginning, containing herein 13.68 acres, more or less.";

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OP GEORGIA that upon ascertaining (1) that the City of Atlanta will provide a south entrance to and exit from the Atlanta Air port Passenger Terminal Building, to also serve Delta's jet base, ap propriately designated, from Interstate 285 (at or between Clark Howell Highway and Interstate 75) which entrance and necessary roadway system connected therewith shall be acceptable to and approved by both the State Highway Department of Georgia and the governing authority of Clayton County, and (2) that the said City of Atlanta shall cause State Highway 139 to be relocated to the satisfaction of the State High way Department of Georgia and the governing authority of Clayton County, and with appropriate resolutions in hand from the State High way Department of Georgia and the governing authority of Clayton County so insuring these stipulations have been or will be completely and fully complied with, then the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to execute and deliver deeds and other written instruments that may be necessary and in such form that may be necessary to convey the property hereinabove described to the City of Atlanta, for and in con sideration of the benefits to flow to the State of Georgia from the expansion of said Airport.

BE IT FURTHER RESOLVED that this resolution become effective upon the date of its approval.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute.

On the adoption of the Resolution, by substitute, the ayes were 107, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 257. By Senator Garrard of the 37th:
A Bill to be entitled an Act to amend Code Section 56-2703 so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses and dependent minor children; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HR 134-375. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Mr. T. L. Hodges, Jr., and for other pur poses.
The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 134-375 by-
changing the figure $221.45 as it appears in the last paragraph of said. Resolution and substituting in lieu thereof the figure $100.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
SB 104. By Senator Eldridge of the 7th: A Bill to be entitled an Act to amend an Act relating to the Superin tendent of Purchases so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other pur poses.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to repeal an Act authorizing the Supervisor of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. Laws 1968, p. 1352); to provide for certain purchases to be made by the Supervisor of Purchases on behalf of local units of government; to provide the procedures connected therewith; to repeal conflicting; laws; and for other purposes.

MONDAY, MARCH 24, 1969

2717

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act authorizing the Supervisor of Purchases to per mit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. Laws 1968, p. 1352), is hereby repealed in its entirety.

Section 2. The Supervisor of Purchases is hereby authorized to permit local political subdivisions to purchase their supplies through the State.

Section 3. The Supervisor of Purchases, upon receiving a request to do so from a local political subdivision, may purchase for such po litical subdivision any materials, supplies, and equipment, and said title thereto shall be vested in the local political subdivision requesting the purchase.

Section 4. The Supervisor of Purchases is hereby authorized and directed to promulgate such rules and regulations as he shall deem nec essary to carry out the provisions of this Act.

Section 5. All laws or parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 108, nays 9.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 80. By Senators Smith of the 34th, Kidd of the 25th, and others:
A Resolution requesting the Governor to make the necessary funds available for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

2718

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Pallin Farmer Farrar Felton
Floyd, J. H.
Funk

Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell
Melton
Merritt

Miles Milford Miller Moate Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Ross Rowland Rush Russell Salem Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley
Wheeler, Bobby
Wheeler, J. A.

Winkles Williams

MONDAY, MARCH 24, 1969

2719

Wilson Wood

Wilkerson

Those not voting were Messrs.:

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Clarke Collier Collins, M. Collins, S. Dean, J. E.

Dent Evans Ezzard Floyd, L. R. Gunter Hale Hamilton Hargrett Hill, B. L. Lane, W. J. Lowrey

Matthews, D. E. Moore Murphy Pickard Poole Reaves Scarborough Shanahan Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 877. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said Department; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle

Bell Bennett Berry Black Blalock Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

2720
Buck Busbee Caldwell Carries Gates Cato Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards
Egan
Ellis
Ezzard
Pallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves
Gunter
Hadaway
Hargrett

JOURNAL OF THE HOUSE,

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas
Lewis
Longino
Lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Moate
Moore
Morris
Mullinax
Murphy

Nash Nessmith Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Potts Rainey Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow
Sorrells
Sweat
Thomason
Thompson, A. W..
Thompson, R.
Toles
Townsend
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, J. A..
Wilkerson
Williams
Winkles
Wood

Voting in the negative was Mr. G. Jordan.

MONDAY, MARCH 24, 1969

Those not voting were Messrs.:

Atherton Brooks Burruss Chandler Clarke Cooper
Dodson Evans Hale Hamilton Henderson

Keen Knapp Kreeger Lambert Lane, W. J. Mason McCracken Miller Northcutt Odom Phillips, G. S.

2721
Phillips, W. R. Piekard Pinkston Poole Reaves Scarborough Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 281. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, as amended, so as to provide that the mem bers thereof may succeed themselves; and for other purposes.

The following Committee amendment was read and adopted:
House Banks and Banking Committee Moves to Amend SB 281:
By striking Section 1 in its entirety and correcting the Caption accordingly.
By renumbering Sections 2, 3 and 4 as 1, 2 and 3 respectively.
By substituting the following in lieu of the first two lines of re numbered Section 1:
"Section 1. Code Chapter 84-2, relating to certification of ac countants, as amended, particularly by an Act approved March 9, 1943 (Ga. Laws 1943, p. 363), an Act approved March 21, 1958 (Ga. Laws 1965, p. 185), is hereby amended by adding a new Sec tion to be known as Section 84-210A to read;"

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 67. By Senators Starr of the 44th and Coggin of the 35th:
A Resolution requesting the Civil Aeronautics Board to award certifi cation to operate air service between Atlanta, Georgia, and Hawaii, and beyond Hawaii; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carries Gates
Cato
Chandler
Cole

Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Evans Fallin
Farrar
Felton
Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Howell Hudson Hutchinson Johnson
Joiner
Jones, C. M.
Jones, M.

Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Miller

MONDAY, MARCH 24, 1969
Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell

2723
Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Williams Winkles Wood

Voting in the negative was Mr. Barfield.

Those not voting were Messrs.:

Bostick Bowen Clarke Dean, 3. E. Dodson Ezzard Farmer Hale Hamilton

Hawes Holder Housley Jones, Herb Lambert Lane, W. J. McDaniell Parker, C. A. Pickard

Poole Scarborough Smith, J. R. Townsend Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

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SB 106. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for tempo rary driver's licenses; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 405. By Messrs. Smith of the 43rd, Busbee of the 61st, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that the General Assembly do adjourn sine die on Wednesday, March 26, 1969, at 2:00 o'clock p.m.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 253. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.

Mr. Shanahan of the 8th moved that the House insist on its position in dis agreeing to the Senate amendment, and that a Committee of Conference be ap pointed on the part of the Houst to confer with a like Committee on the part of the Senate.

MONDAY, MARCH 24, 1969

2725

The motion prevailed, and the Speaker appointed as a Committee of Con ference on the part of the House, the following members thereof: Messrs. Ross of the 26th, Lee of the 61st, and Shanahan of the 8th.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 998. By Messrs. Moate of the 28th, Conger of the 68th, Parker of the 44th and others:
A Bill to be entitled an Act to create a State Racing Commission; and for other purposes.

The following substitute, offered by Messrs. Moate of the 28th, Conger of the 68th and Townsend of the 115th, was read:
A BILL
To be entitled an Act to create a State Racing Commission; to provide for the appointment, qualifications, powers, duties, oath of office and bond of the members of the commission; to provide for a quorum; to provide for rules and regulations; to provide the proce dure for applying for a license to conduct race meetings; to provide for the records of the State Racing Commission; to provide for the inspec tion of such records; to provide for the compensation of the members and employees of the commission; to provide for charity racing days; to provide for the time for filing an application for a permit to conduct race meetings; to provide for an election to authorize pari-mutuel wagering in the various counties; to provide for the procedures for conducting such election; to provide for the cancellation of a permit to conduct race meetings; to provide for the daily license fee for harness racing; to provide for the issuance of licenses by the State Racing Com mission; to provide for the revocation of licenses; to provide for penal ties in lieu of revoking licenses; to provide that the State Racing Com mission shall fix the length of the racing season at each horse racing and dog racing track; to provide for periods of operations by owners of valid outstanding dog racing permits; to provide that no racing shall be con ducted on Sunday; to provide for the tax commission, breakage, ad missions and occupational license tax; to provide how moneys are to be paid to the commission for the operation of race-tracks; to provide that the occupational license tax shall be paid by employees; to provide for the denial and revocation of licenses; to provide for the denial and revocation of licenses; to provide that the tax imposed by this Act shall be in lieu of all other taxes except municipal taxes; to provide for the method of bookkeeping; to provide for the sale of tickets; to authorize the sale of pari-mutuel tickets within the track enclosure; to provide for commissions and breaks; to provide for the daily license fee on certain pari-mutuel pools; to provide for the daily operational cost al lowance to dog tracks; to provide for the daily license fee for dog racing; to provide for the escheat to the State of the abandoned interest in or contribution to pari-mutuel pools; to require proof of referendum

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before the issuance of any licenses; to prohibit certain persons from hold ing racing permits; to provide for the suspension or revocation of per mits ; to provide that permits shall not be assignable; to provide that all laws inconsistent with this Act are inapplicable; to provide penalties for conniving to prearrange the result of a horse or dog race by stimulat ing or depressing drugs; to provide the penalty for conducting un authorized race meetings; to provide for the levy ol a "breaks" tax; to require the employment of residents; to provide penalties for obtaining feed for race horses and dogs with intent to defraud; to authorize the State Racing Commission to reallocate or reassign racing dates; to provide for quarter horse races by nonprofit agricultural cooperative associations; to provide that it shall be unlawful to transmit racing information for illegal gambling purposes; to provide for the use of electronic transmitting equipment; to require a permit by the commis sion for the installation of certain electronic facilities; to provide for an award to the breeder of Georgia-bred horses; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. State Racing Commission; creation; members. -- (a) There is hereby created and established the State Racing Commission which shall be vested with the powers and duties specified in this Act and all other powers necessary and proper to enable it to execute fully and effectually all of the purposes of this Act. The commission shall initially consist of five persons. The first five members of the com mission shall be elected as hereinafter provided by the members of the General Assembly from the first, second, fifth, sixth and tenth congres sional districts, meeting in caucus at the State Capitol within thirty days after this Act becomes law, upon the joint call of the President of the Senate and the Speaker of the House of Representatives. The first five members of the commission shall serve until December 31, 1972. The General Assembly at its regular session in 1972 shall elect five additional members of the commission from the third, fourth, seventh, eighth, and ninth congressional districts and also elect successors to the five members of the commission whose terms of office expire Dec ember 31, 1972. Beginning January 1, 1973, the commission shall con sist of ten members, one from each congressional district in the State, who shall be elected as provided herein and who shall serve for terms of office of four years each and until their successors are elected and qualified. The members of the commission from each such congressional district shall be elected by a majority vote of the members of the Senate and House of Representatives from the senatorial and repre sentative districts, embraced or partly embraced within such congres sional district, meeting in caucus. Said caucus shall be called at the State Capitol by the President of the Senate and the Speaker of the House of Representatives with the first ten days of the convening of the General Assembly in regular session. Written notice thereof shall be mailed to members of the General Assembly effective at least four days prior to the date of the caucus, which notice shall state the time, place, and purpose of said caucus. Within fifteen days after each such election, the President of the Senate and the Speaker of the House of Representatives shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt thereof shall immediately is-

MONDAY, MARCH 24, 1969

2727

sue his commission thereon. Elections of members to the board shall be conducted at the regular session of the General Assembly immediately preceding the expiration of the terms of members of the commission. In. the event any term shall expire during any regular session of the Gen eral Assembly, such vacancy shall be filled by the General Assembly then in session in the manner herein provided for the unexpired term. In the event any term shall expire when the General Assembly is not in session, such vacancy shall be filled by the General Assembly at its next regular session in the manner provided herein for the unexpired term. All members of the commission shall hold office until their successors are duly elected and qualified.

(b) The members of the commission shall be qualified electors not less than twenty-five years of age, who shall have resided in the State for five years next preceding their appointment. The commissioners shall select from among their number a chairman and secretary. The State Treasurer shall be ex-officio treasurer of the commission and the At torney General shall be its official attorney. The secretary shall keep a record of all proceedings of the commission and shall preserve all books, maps, documents, papers, and records entrusted to its care. The com mission shall annually make a full report to the General Assembly and the Governor. A majority of the commission shall constitute a quorum for all purposes.

(c) The commission may employ such assistants and employees as may be necessary at such compensation as the commission may prescribe.

(d) Each commissioner shall take the constitutional oath of office and shall give bond to the Governor of the State with personal or cor porate surety to be approved by the treasurer in the amount of $5,000.00, conditioned that he will faithfully and honestly perform the duties of his office. The premium on the bond shall be paid by the commission. The State Racing Commission shall maintain an office in Atlanta and such branch offices as may be necessary. No person having been con nected, either directly or indirectly, with any racetrack or meet held in the State within the past three years, or having been employed by any owner or operator of any racetrack in the State within the past three years, shall be eligible to hold the office of State Racing Commis sioner.

Section 2. Powers and duties of the State Racing Commission.-- The State Racing Commission shall carry out the provisions of this Act and the commission shall personally or by agents supervise and check the making of pari-mutuel pools and the distribution therefrom, and:

(a) Fix and set the dates for racing in any county where there are one or more horse tracks or one or more dog tracks seeking to race and holding ratified permits upon which any track can operate in any county; provided, however, that no horse tracks licensed to engage in the conduct of running races located within seventy-five air miles of each other shall operate on the same dates. A track licensed to engage in the conduct of harness races located within seventy-five air miles of another permittee or licensee authorized to conduct either harness races

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JOURNAL OF THE HOUSE,

or running races may engage in the conduct of harness races in the discretion of the commission on the same dates awarded to a permit tee or licensee conducting running races.

(b) Make an annual report to the General Assembly and the Governor showing its own actions, receipts derived under the provisions of this Act, the practical effects of the application of this Act and any suggestions it may approve for the more effectual accomplishments of the purposes of this Act.

(c) Require an oath to each and every application by the person or executive officer of the association or corporation, stating that such information contained in the application is true.

(d) Make rules and regulations for the control, supervision, and direction of all applicants, permittees, and licensees, and for the hold ing, conducting, and operating of all racetracks, race meets, races held in this State; provided, such rules and regulations shall be uniform in their application and effect, and the duty of exercising this control and power is made mandatory upon such commission. Said commission may take testimony concerning any matter within its jurisdiction and each member thereof may administer oaths for that purpose. Said commis sion shall have the power to issue summons and subpoenas for any witness and subpoenas duces tecum in connection with any matter with in the jurisdiction of the commission under its seal and signed by any member of the commission or the Supervisor or Assistant Supervisor of Racing.
(e) Require of each applicant an application setting forth:
(1) The full name of the person, association or corporation, and if a corporation the name of the state under which the same is incorporated.
(2) If an association or corporation, the nationality and resi dence of the members of the association and the names of the stock holders and directors of the corporation.
(3) The exact location where it is desired to conduct or hold a race meeting.
(4) Whether or not the racing plant is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, of the directors and stockholders thereof; provided, however, that nothing in this Act shall prevent a person from applying to the State Racing Commission for a permit to conduct races, regardless of whether the racing plant has been constructed or not.

(5) A statement of the assets and liabilities of the person making such application.

(6) The kind of racing to be conducted and the desired period.

(7) Such other information as the commission may require.

MONDAY, MARCH 24, 1969

2729

(f) Require of each applicant a deposit of $25,000.00 in currency or by check certified by a bank licensed to do business in the State with the racing commission.

(g) Upon receipt of such application and any amendments prop erly made thereto, the State Racing Commission shall further investi gate the matters contained in the application and if any applicant shall duly fulfill and meet all requirements, conditions, and qualifications set forth in this Act and the rules and regulations of the State Racing Com mission hereunder, then the State Racing Commission shall grant the permit to such qualified applicant as hereinabove provided.

(h) In the event the State Racing Commission shall refuse to grant the permit, then the money deposited with the State Racing Commission shall be refunded to the applicant. In the event the State Racing Com mission shall grant the permit applied for, the money shall be refunded only if the terms of Section 8 are complied with.

(i) Each licensed thoroughbred running track in the State shall be required to run an average of one race per racing day in which horses bred in Georgia and duly registered with the Georgia Thoroughbred Breeders' Association shall have preference as entries over non-Georgiabreds, and to require all licensed thoroughbred racetracks to write the conditions for such races in which Georgia-breds are preferred so as to assure that all Georgia-bred horses available for racing at such tracks be given full opportunity to run in the class races for which they are qualified, said opportunity of running to be afforded to each class of horses in proportion that the number of horses in this class bears to the total number of Georgia-breds available; and provided that no track shall be required to write conditions for a race to accommodate a class of horses for which a race would otherwise not be run at such track during its meeting.

Section 3. Records of State Racing Commission, open for inspec tion; penalty.-- (a) All books, records, maps, documents and papers of the State Racing Commission, including those filed with said commission as well as those prepared by or for it, shall at all times be open for the personal inspection of any officer of the State or of any county of Georgia, or of any official investigative body or committee, and no per son having charge or custody thereof shall refuse this privilege to any such officer or investigative body or committee.

(b) Any member or employee of the State Racing Commission who violates subsection (a) of this Section shall be deemed guilty of a mis demeanor and shall be fined not more than $100.00 or imprisoned not exceeding three months. Any member of said commission who violates subsection (a) shall also be deemed guilty of malfeasance and shall be subject to removal from office.

Section 4. Compensation of members and employees; charity rac ing days.-- (a) The compensation of each member of the State Racing Commission shall be $1,800.00 annually, plus actual expenses and a mile age allowance at the rate of ten cents a mile or a travel allowance of actual transportation expenses if traveling by public carrier when on of-

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ficial business for the commission. The chairman of the commission shall receive an additional $1,800.00 per annum, and the secretary of the commission shall receive an additional $2,400.00 per annum.

(b) No money shall be paid out by the treasurer for salaries or ex penses of the commission except upon voucher of the commission signed by the chairman and countersigned by the secretary, which voucher shall exhibit in detail the items for which the money is paid. Furthermore, no salaries shall start until at least one authorized track has commenced operations.

(c) The State Racing Commission may extend the time for horse or dog racing not to exceed two days at any one track beyond the period fixed by the commission so that any such track may conduct a charity day of racing for any one or more recognized and established charitable institutions located within seventy-five miles road travel of the race track holding such charity day of racing. A portion of the proceeds available for the charitable purposes in an amount not less than twentyfive percent may be paid over to and for the benefit of said charitable institutions of higher learning in said areas. The total of all profits derived from the operation of such racing on such charity day including all moneys which would otherwise be received by the State Racing Com mission as taxes for such day's operation shall be and become a part of the charity trust fund for which such racing on such days is conducted.
(d) In determining profits derived from such racing on such charity day, which profits shall include all taxes payable to the State or any agency thereof for such day's operations without the initial ex pense of operational allowance provided by law for dog tracks, said tracks shall only be entitled to deduct from the profits accruing from all receipts on such charity day of racing their actual operating costs, which costs shall be those expenses incurred by the racetrack solely by reason of holding said charity day of racing and shall not be deemed to include such expenses constant from day to day and which would have been incurred had the race on that day not been held, including, but not limited to, such items as capital expenditures, interest on debts, real estate taxes and annual license fees, donations, bad debts, and such other items of daily or prorated expense as the State Racing Commission may by rule prescribe.

Section 5. Race meetings authorized; restrictions.--Any person de siring to operate a racetrack in this State may, subject to the provisions of this Act, hold and conduct one or more race meetings at such track each year. No racing shall be permitted on Sunday, and no minors shall be permitted to purchase a pari-mutuel wagering ticket and no minors except jockey apprentices, exercise boys and grooms shall be employed in any manner by the track; provided, however, nothing in this Act shall be construed to prohibit the use of any dog racing plant or facility, for the conducting of "hound dog derbies" or "must derbies", from be ing used on one Sunday during each racing season by any charitable, civic or nonprofit organization for the purpose of conducting "hound dog derbies" or "mutt derbies" where only dogs other than those usually used in dog racing (greyhounds) are permitted to race and where adults and minors may participate as dog owners or spectators; and provided further, that during such racing events betting and gambling

MONDAY, MARCH 24, 1969

2731

and the sale or use of alcoholic beverages shall be strictly and absolute ly prohibited.

Section 6. Application for permit to conduct race meetings.--Be tween the first day of June and the first day of July of each year, but at no other time, any person possessing the qualifications prescribed in this Act shall apply to the commission for a permit to conduct race meetings and racing- under this Act. No application thus received by the commission shall be amended after August 10th of each year; and on or before the 15th day of August, but not thereafter, of each year, after receipt of any application, the commission shall convene to con sider and act upon permits applied for, and all applications not definite ly acted upon by the commission on or prior to the 15th day of August of each year shall be void.

Upon all applications filed and approved a permit shall be issued to the applicant setting forth the name, the location of the racetrack, the kind of racing desired to be conducted and a statement showing qualifi cations of the applicant to conduct racing at said track under this Act; provided, however, no permit shall be effectual to authorize any race until pari-mutuel racing is ratified by a majority of the electors in the county in which the applicant proposes to conduct racing; and provided further, that no application shall be considered and no permit shall be issued by the State Racing Commission to conduct the same kind of races, namely, running horse races, harness horse races or dog races at a location within twenty-five miles of another location for which a per mit has been issued and a racing plant located, said distance to be measured on a straight line from the nearest property line of one racing plant to the nearest property line of the other racing plant.

Section 7. Elections for ratification of pari-mutuel tracks.--The ordinary of the county designated, upon the presentation to said ordinary of a written application, accompanied by a certified copy of the pre pared permit granted by the State Racing Commission, and asking for an election in the county in which said application was made, shall order an election in said county for the approval or disapproval of a parimutuel track (s) in said county. No election on this subject shall be called more often than once every two years.

All elections ordered under this Act shall be held at the time of the regular general election in November of each even-numbered year. The ordinary shall canvass the returns, declare the results, and cause the same to be recorded as provided in the general law concerning elections so far as applicable.

Section 8. Cancellation of permit to conduct race meeting.--Where the holder of a permit issued pursuant to law, for the conduct of horse or dog race meetings has failed to construct a track suitable to conduct such race meetings within one year from the date on which such permit was issued, then such permit shall be void and the State Racing Commis sion may cancel such permit without notice to the holder thereof and retain the $25,000.00 deposit.

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Section 9. Harness racing; daily license fee.-- (a) Any duly li censed horse racetrack having an average daily pari-mutuel pool of less than $100,000.00 per day shall, in lieu of the payment of the taxes im posed upon such tracks as now provided by law, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee, which fee shall be determined from the following schedule:

Up to $50,000.00 per day _----___------.----------------.-.$1,000.00 per day

Over $50,000.00 per day but not exceeding

$75,000.00 per day ------...----------..._------......--.....$3,000.00 per day

Over $75,000.00 per day but not exceeding

$100,000.00 per day --------_------------....._---.--$5,000.00 per day

(c) The proceeds of the breakage tax which are paid into the Georgia horse racing promotion trust fund shall be allocated by the commission so as to provide for the supplementing and augmenting of purses and prizes for the current year's overnight races, the current year's stake races and for the payment of breeders' awards as provided in Section 37, and for no other purpose.

(d) In addition to the foregoing taxes, each licensee shall also pay the tax on admissions as provided for in Section 15 which tax revenues shall be distributed as provided in subsection (a).

Section 14. Minimum purse per race.--A permit holder licensed to conduct a summer thoroughbred horse race meeting shall pay a mini mum purse for each race conducted by it of not less than $2,500.00 and shall distribute in total purse money during its meet not less than 20 percent more than its daily minimum purse requirement. Such permit holders by application for and acceptance of a license for a summer race meeting shall be deemed to have agreed as a condition of the grant thereof that such minimum purses will be paid.

Section 15. Additional moneys to be paid for operation of race track.--In addition to the aforesaid tax of 7-Vz percent, each person authorized to conduct race meetings under this Act shall collect from each person attending such races 15 percent of the established admission price or the sum of 10 cents from each person attending such race meeting, whichever sum is the greater, as an admission tax, and said person shall pay to the State Treasurer as ex-officio treasurer of the commission the tax hereinabove provided for. Payments shall be made every 7th day of any and every race meeting and shall be accompanied by a report under oath, showing the total of all contributions and ad missions on the races covered by such report and such other information as the commission may require.

If any free passes or complimentary cards shall be issued to guests by any licensee, the licensee of any such track shall pay to the commis sion the same tax upon such complimentary admission cards each time

MONDAY, MARCH 24, 1969

2733

time they are used for admission to the track as though such complimen tary passes or cards had been sold at the regular and usual admission rate; provided that the person conducting any race meeting in this State may issue tickets for admission, showing the amount of admission and the amount of tax to be paid by each person; however, this provision shall not be construed to mean that the association will not be held liable for the payment of the admission tax to the State Treasurer as ex-officio treasurer of the State Racing Commission; provided, however, that a racetrack permit holder may, by and with the consent of the commission, issue tax-free passes to its officers, officials and employees or other persons actually engaged in working at such racetrack, in cluding persons actually employed and accredited press representatives, such as reporters and editors, and may also issue tax-free passes and tax-free box seats to other racing plant permit holders. A list of all persons to whom tax-free passes or tax-free box seats are issued shall be filed with the commission.

Section 16. Occupational license tax to be paid by employees; de nial and revocation of license.--(a) All persons connected with race tracks shall pay an occupational license tax, this occupational tax to be payable for each specified job performed. The scheduled license fees are as follows:

(1) Contractual concessionaires with permit holders, $25.00.

(2) Professional persons such as owners, trainers, veterinari ans, doctors, nurses, officials and supervisors of all departments, $10.00.

(3) Jockeys, apprentice jockeys, and jockey agents, $5.00.

(4) Permit holder employees, concession employees, grooms, exercise boys, hot walkers, miscellaneous stable help, platers and all others not specifically provided, $4.00.

(b) It is unlawful for any person to take part in or officiate in any way or to serve in any capacity at any racetrack without first having secured said license and paid said occupational tax.

This Section shall not apply to any men disabled to a degree not less than 10 percent as administered by the Veterans Administration of the federal government when such men were disabled in any war or hostilities of which the United States was a participant.

(c) Every racetrack operating in the State and having a license from the State Racing Commission shall be required to employ at least 85 percent of their employees from bona fide residents and citizens of the State, exclusive of jockeys or apprentices, exercise boys, owners, trainers, dockers, mutuel employees, and governing and managing offi cials and heads of the departments of the track.

(d) (1) The commission may deny or revoke a license to any per son who shall have been refused a license by any other state racing

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commission or racing authority; provided, however, that the state racing commission or racing authority of such other state extends to the State Racing Commission of Georgia reciprocal courtesy to maintain the disciplinary control.

(2) The State Racing Commission may deny or revoke any li cense where the holder thereof has violated the rules and regula tions of the commission governing the conduct of persons connected with the racetracks.

Section 17. Tax imposed to be in lieu of other taxes except city.-- The tax imposed by Section 16 shall be in lieu of all license, excise or oc cupational taxes to the State or any county, city, town or other political subdivision thereof, except that when any race meeting is held or con ducted in any incorporated city or town, such city or town may assess and collect an additional tax against any person conducting racing within its corporate limits not to exceed $150.00 per day for horse rac ing and not to exceed $50.00 per day for dog racing; and except as herein provided, no incorporated city or town shall by ordinance or resolution enacted after the effective date of this Act, assess or collect any additional excise or revenue tax against any person conducting race meetings within the corporate limits of such city or town or against any patron of any such person.

Section 18. Method of bookkeeping prescribed.--

Every person conducting race meetings under this Act shall so keep books and records as to clearly show the total number of admissions and the total amount of money contributed to every pari-mutuel pool on each race separately and the amount of money received daily from admission fees, and within sixty days after the conclusion of every race meeting shall submit to the commission a complete audit of its accounts, certi fied by a public accountant licensed to practice in the State, and in ad dition, every person conducting race meetings under this Act shall sub mit to the commission a detailed annual audit. The State Auditor may audit and check the books and records of any such person and upon the request of the commission he shall do so.

Section 19. Pari-mutuel pool authorized within track enclosure; commissions and breaks.--(a) The sale of tickets or other evidences showing an interest in or a contribution to a pari-mutuel pool is hereby permitted within the enclosure of any horse racetrack and dog race track licensed and conducted under this law, but not elsewhere in this State. The sale and purchase of tickets or other evidences showing an interest in or a contribution to pari-mutuel pools in this State shall be under the supervision of the State Racing Commission and shall be done subject to such regulations as the commission shall from time to time
prescribe.

(b) The commission on a pari-mutuel pool on every horse race which may be withheld by the licensee and the State from the total contributions made to such pari-mutuel pool shall in no event exceed 15 percent of the amount contributed thereto, and the commission on a

MONDAY, MARCH 24, 1969

2735

pari-mutuel pool on every dog race which may be withheld by the li censee and the State from the total contributions made to such parimutuel pool shall in no event exceed 15 percent of the amounts con tributed thereto.

(c) After deducting a commission or license and the "breaks" here inafter defined), a pari-mutuel pool shall be redistributed to the con tributors.

(d) Redistributions of funds otherwise distributable to the con tributors of a pari-mutuel pool shall be a sum equal to the next lowest multiple of five when on horse races and a sum equal to the next lowest multiple of ten when on dog races.

(e) No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the "breaks".

(f) The "breaks" shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commis sions and sums redistributed to the contributors.

(g) No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity and no person shall purchase any part of a pari-mutuel pool through another, wherein he gives or pays directly or indirectly such other person anything of value, and any person violating this Section shall be deemed guilty of a misdemeanor.

(h) Any willful or wanton failure by any licensee to make payment into the State Treasury as required by law shall constitute sufficient ground for the State Racing Commission to revoke the permit of such licensee and no further license or permit shall be issued to such former licensee.

Section 20. Pari-mutuel pools of less than $400,000.00 daily; li cense fee.--Any duly licensed horse (running) racetrack having an aver age daily pari-mutuel pool of less than $400,000.00 per day for the pre ceding racing season shall, in lieu of the payment of the 7% percent paid to the State and county from pari-mutuel pools as now provided by law, be permitted to operate the sale or pari-mutuel pools on the basis of a fixed daily license fee, which shall be determined from the preced ing racing season's daily average mutuel pool of the licensee, and which is hereby fixed according to the following schedule:

Up to $175,000 __._.__.______________,,__________-_.___._. $4,000.00 per day Over $175,000.00 but not exceeding
$200,000.00 __--_,,________________________________ $5,000.00 per day

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Over $200,000.00 but not exceeding

$225,000.00 __.__..__..._-__...___.____._.. $6,000.00 per day

Over $225,000.00 but not exceeding

$250,000.00 ...._.______._.-....___.___._._.. $7,000.00 per day

Over $250,000.00 but not exceeding

$275,000.00 _.___._._..._________._ $9,000.00 per day

Over $275,000.00 but not exceeding

$300,000.00 _...__._.._._........__..__._.__......$11,000.00 per day

Over $300,000.00 but not exceeding

$325,000.00 .._________......_______.__._._._.____.......$13,000.00 per day

Over $325,000.00 but not exceeding

$350,000.00 ............___.....___._____.__......$15,000.00 per day

Over $350,000.00 but not exceeding

$375,000.00 ............_____........._....___._.....$18,000.00 per day

Over $375,000.00 but less than

$400,000.00 ..__..__.._.....__....._.__....__.__.......$21,000.00 per day

which daily license fee shall be deposited with the State Treasurer to the credit of the general revenue fund.

Section 21. Dog racing; daily operational cost allowance.--(a) It is the finding of the legislature of Georgia that the operation of a dog track and legalized pari-mutuel betting at dog tracks in this State is a privilege and is an operation which requires strict supervision and reg ulation in the best interests of the State; that pari-mutuel wagering at dog tracks in this State is a substantial business and taxes derived therefrom constitute part of the tax structures of the State and coun ties. It is the further finding of the legislature that the operators of dog tracks should pay their fair share of taxes to the State, and at the same time this substantial business interest should not be taxed to an extent as to cause a track which is operated under sound business prin ciples to be forced out of business.

It is the further finding of the legislature that all dog racetracks have in common a "daily initial expense of operation". This "daily initial

MONDAY, MARCH 24, 1969

2737

expense of operation" is created by certain factors which are common toall dog tracks and which remain relatively uniform and constant among the several dog tracks throughout a race meeting.

(b) Each licensed dog track holding a permit to conduct racing in this State under the authority of this Act and the State by and through the State Racing Commission, is authorized to withhold from the total maximum commission of 15 percent that may be withheld from the total amounts contributed to pari-mutuel pools on dog races the sum of $170.00 per race, which said amounts shall be credited to the dog track operators as a daily "initial expense of operation". No tax shall be levied or collected on said $170.00 so withheld and all taxes imposed by Sections 15 and 19 or by any other Act of the legislature shall be im posed upon the 15 percent of total amounts contributed to any parimutuel pool at dog tracks less the above described $170.00 "initial ex pense of operation" amount per race. The daily "initial expense of op eration" allowance shall be deducted from the 15 percent commission prior to any tax being imposed on said pool and said allowance shall be credited to the track operator.
(c) All allowances granted by this Section to the track operator known as the "initial expense of operation" allowance shall appear on the report tendered by the licensee as provided by Section 15 and shall be shown on the tax report submitted by the licensee every 7th day of the race meeting.
(d) Nothing in this Section shall be construed so as to allow any dog track in this State an "initial expense of operation" allowance as provided herein for any day on which races may be held for the benefit of educational scholarships or charitable organizations.

Section 22. Dog racing; daily license fee.--(a) Any duly licensed' dog racetrack, having a daily pari-mutuel pool of less than $25,000.00 per day in a racing season, shall, in lieu of the payment of the tax im posed in Section 15 and 19 or any other law imposing a tax upon the 15 percent of the total pari-mutuel pool at dog racetracks, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee which fee shall be determined from the following schedule:

Up to and including $20,000.00 ______._.._.._._.______$150.00 per dajr Over $20,000.00 per day and not exceeding
$21,000.00 per day _____________._____.....$200.00 per dajr Over $21,000.00 per day and not exceeding
$22,000.00 per day ..________..______________$250.00 per day Over $22,000.00 per day and not exceeding
$23,000.00 per day ___.__.____.___....________$300.00 per day

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Over $23,000.00 per day and not exceeding1

$24,000.00 per day ._..__.___.___.,,_.__..---.--________...___________.$350.00 per day

Over $24,000.00 per day and not exceeding
$25,000.00 per day _____________... .-_________..............$400.00 per day
(b) Whenever any dog racetrack exceeds the sum of $25,000.00 per day in its pari-mutuel pool totals, this Section shall not apply and such dog racetrack shall be taxed as provided by other general laws, and at such time such dog track shall receive any "daily initial cost of opera tion" credit allowed by general law.
(c) Such daily license fee shall be deposited with the State Treas urer to the credit of the general revenue fund.
Section 23. Escheat to State of abandoned interest in or contribu tion to pari-mutuel pools.--(a) It is hereby declared to be the public policy of the State, while protecting the interest of the owners thereof, to possess all unclaimed and abandoned interest in or contribution to any pari-mutuel pool conducted in this State under the provisions of this Act, for the benefit of all the people of the State, and this law shall be liberally construed to accomplish such purpose.
(b) All money or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the cus tody or under the control of any licensee authorized to conduct parimutuel pools in this State for a period of one year from the date said pari-mutuel ticket was issued, when the rightful owner or owners thereof, have made no claim or demand for such money or other prop erty within the aforesaid period of time, is hereby declared to have escheated to or to escheat to, and to have become the property of the State.

(c) All money or other property which shall have escheated to and become the property of the State as provided herein, and which is held by such licensees, authorized to conduct pari-mutuel pools in this State, shall be paid by such licensees to the State Treasurer annually within sixty days after the close of the race meeting of the said licensee.

Section 24. Proof of referendum required.--The commission shall not issue any license under this Act except upon proof in such form as the commission may prescribe that a referendum election has been held in the county where the applicant for such license desires to conduct a race meeting and that a majority of the electors voting on that question in such election voted in favor of licensing and such racing.

Section 25. Certain persons prohibited from holding racing per mits; suspension or revocation of permits.-- (a) On and after the ef fective date of this Act, no person who shall have been convicted of a felony in the State, or under the laws of any other state, government

MONDAY, MARCH 24, 1969

2739

or county of an offense which would be a felony if committed within this State, or who shall have been convicted of bookmaking in the State or elsewhere, or who is commonly known as a bookmaker and bears the general reputation of being a bookmaker, or who knowingly associates regularly with persons commonly known as bookmakers or criminals, shall hold any horse or dog racing permit in the State, or be a member of any association which holds such permit, or be an officer or director of any corporation which holds such a permit, or be an employee of the holder of any such permit in any capacity connected to any extent with the racing business in the State.

(b) An applicant for running horse races shall be acceptable to and, if granted a permit, a member of the Thoroughbred Racing Association.
(c) In order to better effectuate this Section, and to assist the State Racing Commission in checking up on the observance of this Section, every person holding a horse or dog racing permit in this State, and every person who is a member of an association holding such a permit, and every person who is an officer or director of a corporation which holds such a permit, and every employee of the holder of any such per mit in any capacity connected to any extent with the racing business in this State, shall, at such times as shall be fixed by rule promulgated by the State Racing Commission, furnish the said commission, for its files, his fingerprints and photograph taken under the supervision and direc tion of the said commission.
(d) The State Racing Commission shall either suspend or revoke a racing permit upon proof, after due notice and hearing, that such permit is held by a person in violation of subsection (a) of this Section, or that it is held by an association or corporation and that any person is a member, officer, or director thereof in violation of said subsection (a), or that any person is an employee of the permit holder in violation of said subsection (a); except, however, that no such permit shall be either suspended or revoked because of the employment of a person in violation of said subsection (a) if such employment is terminated and sufficient evidence of such termination furnished said commission within three days after notice is given to the permit holder of the commission's finding, after a hearing held as hereinabove provided for, that such person is an employee of the permit holder in violation of said subsec tion (a); and except, further, that no such permit held by a corporation shall be either suspended or revoked because a person is an officer or director of such corporation in violation of said subsection (a), if such person ceases to be such officer or director and the commission is fur nished sufficient evidence that such is the case, within fifteen days after notice is given to the permit holder of the commission's finding, after a hearing held as hereinabove provided for, that such person is an officer or director in violation of said subsection (a).
Section 26. Permits not assignable.--No permit granted under the provisions of this Act shall be transferable or assignable except upon application to, and written consent and approval of said commission.

Section 27. Application of laws inconsistent with this Act.--All laws and parts of laws inconsistent with any of the provisions of this

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Act are expressly declared not to apply to any person participating or engaged in racing or making or contributing to pools thereon as au thorized by and conducted under this Act.

Section 28. Conniving to prearrange result of race; stimulating or depressing horse or dog; penalty.--Any person who shall influence or have any understanding or connivance with any owner, jockey, groom or other person associated with or interested in any stable, kennel, horse or dog or race in which any horse or dog participates, to prearrange or predetermine the results of any such race, or any person who shall stimulate or depress a dog or horse for the purpose of affecting the results of a race, shall be guilty of a felony and upon conviction thereof shall be imprisoned in the penitentiary for not less than one year nor more than ten years, or shall be fined not less than $1,000.00 nor more than $5,000.00.

Section 29. Penalty for conducting unauthorized race meeting.-- Every race meeting at which racing is conducted for any stake, purse prize or premium, except as allowed by this Act, is prohibited and de clared to be a public nuisance, and every person acting or aiding therein or conducting, or attempting to conduct, racing in this State not in conformity with this Act shall be deemed guilty of a misdemeanor, and upon conviction be punished as provided by law.

Section 30. Tax on breaks.--A tax is hereby levied upon every pari-mutuel pool conducted by horse tracks and dog tracks within the State authorized by law so to do equal to the "breaks", which said "breaks" shall be the difference between

(a) the amount contributed to a pool and

(b) the total of the commissions and the sums actually redistrib uted to the contributors, which tax shall be known as the "breaks tax".

Section 31. Employment of residents required.--(a) The licensees of each racetrack operating in this State shall during each racing season employ at least eighty-five percent of their employees from bona fide residents and citizens of Georgia and shall pay them at least said per centage of each weekly payroll, excepting jockeys, apprentices, exercise boys, owners, trainers, mutuel employees, dockers, player managers and trainers, and all governing and managing officials and heads of de partments of such track.

(b) A person shall have resided and have made his home in Georgia for two years continuously last prior to the date of employment by any racetrack to be deemed a bona fide resident or citizen under the terms hereof; providing further, that registration and voting in the primary or general election last prior to such date shall be prima facie evidence of such bona fide residence and citizenship.

(c) It shall be the duty of the Georgia State Racing Commission before issuing any occupational license to any person to take part in or officiate in any way or serve in any capacity or be employed at any

MONDAY, MARCH 24, 1969

2741

racetrack to require and obtain from each applicant for such occupation al license, by affidavit and by such other evidence as the commission shall deem necessary, sufficient and satisfactory proof of such appli cant's residence and citizenship as herein defined, and to state upon each such occupational license issued by the commission the residence and citizenship so ascertained.

(d) Whenever it shall be made to appear to the commission that any licensee of any racetrack is exceeding the amount of fifteen percent in employees or amount of payroll as herein provided, the commission shall
notify said licensee of such excess, and if same be not corrected before the next payroll, the commission shall have the power, and it shall be its duty to suspend a sufficient number of occupational licenses issued to employees of said racetrack who are not residents and citizens of Geor gia as herein defined to bring the number of employees and amount of payroll within the limitations as herein set forth.

(e) Any person or the licensee of any racetrack knowingly and wilfully violating the provisions of this Act shall be guilty of a mis demeanor and upon conviction thereof shall be punished by imprison ment not exceeding six months or by fine not exceeding $500.00 or both such fine and imprisonment.

Section 32. Obtaining feed for race horses and dogs with intent to defraud.--(a) Any owner, trainer or custodian of any race horse, or greyhound racing dogs, who shall obtain food, drugs, transportation, veterinary services or supplies for the use or benefit of said race horses or greyhound racing dogs, with intent to defraud the person or persons,. from whom said services or supplies are obtained shall be guilty of a misdemeanor, and shall upon conviction be imprisoned in the county jail not to exceed six months, or by a fine not exceeding $500.00.

(b) In prosecutions under the preceding Section, proof that the supplies or services had been furnished and not paid for, and that the owner, trainer or custodian of said race horses or greyhound racing dogs, was removing or attempting to remove any of said race horses or greyhound racing dogs, out of the State and beyond the jurisdiction of the courts of this State, shall be prima facie evidence of the fraudulent intent mentioned in the preceding Section.

Section 33. Eeallocation of racing dates.--The State Racing Com mission shall have the right to reallocate or reassign, to any other li censed horse racing track, any racing dates previously allocated or as signed to a licensed horse racing track, when said racing dates have been vacated, abandoned, or will not be used, for any reason whatso ever, provided the aggregate total number of horse racing days permited hereunder shall not exceed one hundred days for any one horse racing-
licensee.

Section 34. Quarter horse races by nonprofit agricultural coopera tive associations.--(a) Subject to all the applicable provisions of this Act any bona fide nonprofit cooperative association organized under the laws of Georgia, which has for its purposes the cooperative agri cultural activity of breeding and training quarter horses, bettering ex-

2742

JOURNAL OF THE HOUSE,

isting types and strains of such horses, which has been in existence for two years or more may, subject to the provisions of this Section, with the consent of the permit holder and State Racing Commission, and only during the regular meet, time of day, and as a part of the regular racing program of the permit holder, conduct racing of registered quarter run ning horses at and upon the racetrack of any holder of a ratified permit to conduct running horse racing, provided no such racing shall be con ducted on Sunday.

(b) Sections 6, 7, and 10 are hereby declared to be inapplicable to quarter horse racing as permitted herein; and all provisions of this Act, except Sections 6, 7, and 10, shall apply to, govern and control such rac ing and the same shall be conducted in compliance therewith.
(c) Quarter horses participating in such races shall be duly regis tered by the American Quarter Racing Association and before each race such horses shall be examined and declared in fit condition by some qualified person designated by the commission.

Section 35. Transmission of racing information for illegal gam bling purposes.--(a) It shall be unlawful for any person to transmit or communicate to another or receive or secure by any means whatsoever the results, changing odds, track conditions, jockey changes, or any other information relating to any horse race or dog race from any race track in this State, between the period of time beginning one hour prior to the first race of any day and ending thirty minutes after the posting of the official results of each race as to that particular race, except that the foregoing limitations shall not apply to the results of the last race of each day's meet. Provided, however, that the State Racing Commis sion may, by rule, permit the immediate transmission by radio, televi sion, or press wire of any pertinent information concerning not more than two feature races each week; provided, further, that the foregoing limitation of two feature races per week shall not apply to so-called "name stake races" which if broadcast or televised nationally, the com mission may in its discretion permit.

(b) It shall be unlawful for any person to transmit by any means whatsoever racing information to any other person, or to relay the same to any other person by word of mouth, by signal, or by use of telephone, telegraph, radio, or any other means, when the information is know ingly used or intended to be used for illegal gambling purposes, or in furtherance of such gambling.

(c) This Section shall be deemed an exercise of the police power of the State for the protection of the public welfare, health, peace, safety and morals of the people of the State and all of the provisions herein shall be liberally construed for the accomplishment of this purpose.

(d) Any person violating the provisions of this Section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to pay the costs of prosecution and a fine of not less than $500.00 nor more than $5,000.00, or undergo imprisonment for a period of not less than

MONDAY, MARCH 24, 1969

2743

one year and one day nor more than five years, or both, in the dis cretion of the court.

Section 36. Use of electronic transmitting equipment; permit by commission required.--Any person who has in his possession or control on the premises of any licensed horse or dog racetrack any electronic transmitting equipment or device which is capable of transmitting or communicating any information whatsoever to another person, without the written permission of the Georgia State Racing Commission, shall be guilty of a misdemeanor and shall be punished by a fine not exceed ing $500.00 or by imprisonment in the county jail not exceeding three months, or both. This Section shall not apply to the possession or con trol of any telephone, telegraph, radio or television facilities installed by such licensee with the approval of said commission.

Section 37. Horse racing; award to breeder of Georgia-bred horses. --(a) Every licensee licensed by the Georgia State Racing Commis sion, under the laws of this State, to conduct a running horse race meeting and where said licensee is permitted to use and operate the pari-mutuel system of wagering, shall, by the acceptance of said li cense, be deemed to have agreed, as a condition of the grant thereof, that such licensee shall, within thirty days after the expiration of such meeting, pay to the breeder of each Georgia-bred horse winning an over night race at such meeting a sum equal to ten percent over and above the announced gross purse, or $100.00, whichever is greater, and said award so paid shall not in any case be deducted from the amount of the purse, nor shall it be required when the purse includes an award to the breeder equal to or greater than the amount specified and provided further, that any amount so paid as an award shall not be included in estimating the value of the race to the winner, and there shall be no breeders' awards required in any stake race or races exclusively for Georgia-breds.

(b) In order for the breeder of a Georgia-bred to be eligible to de mand and receive an award, the thoroughbred horse winning the race must have been registered a Georgia-bred with the agency designated by the Georgia State Racing Commission as the official Georgia-bred registry of all Georgia-bred horses and the jockey club certificate for the winning horse must show that said winner has been duly registered as a Georgia-bred, evidenced by the seal and proper serial number of the official Georgia-bred registry.

(c) If any other law is passed that provides benefits for Georgia thoroughbred breeders equal to or greater than those provided in this law, then said law shall supersede this laws as long as said law is in effect.

Section 38. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the substitute were read and adopted:

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JOURNAL OF THE HOUSE,

Mr. Townsend of the 115th moves to amend substitute to House Bill No. 998 as follows:

By striking subsection (a) of Section 1 in its entirety and inserting in lieu thereof a new subsection (a) of Section 1, to read as follows:
"(a) There is hereby created and established the State Racing Commission which shall be vested with the powers and duties speci fied in this Act and all other powers necessary and proper to en able it to execute fully and effectually all of the purpose of this Act. The commission shall consist of 17 persons. Five members of the commission shall be appointed by the Governor and confirmed by the Senate for terms of office of three years each. The Georgia Assembly at its regular session in 1970 shall elect 10 members of the commission, one from each congressional district in the State, as provided herein. The initial members elected by the General Assembly from odd-numbered districts shall serve for terms of office of two years each and the initial members elected to serve from even-numbered districts shall served for terms of office of four years each. Thereafter, the terms of office of all members elected by the General Assembly shall be four years. All members of the commission shall serve until their successors are duly ap pointed or elected and qualified. The Secretary of State and the Attorney General shall be ex-officio voting members of the com mission. The affirmative vote of 12 members of the commission shall be necessary to approve or cancel any license. No action shall be taken by the commission until all members have been appointed or elected. The members of the commission from each such congres sional district shall be elected by a majority vote of the members of the Senate and House of Representatives from the senatorial and representative districts, embraced or partly embraced within such congressional district, meeting in caucus. Said caucus shall be called at the State Capitol by the President of the Senate and the Speaker of the House of Representatives within the first ten days of the convening General Assembly in regular session. Written notice thereof shall be mailed to members of the General Assembly ef fective at least four days prior to the date of the caucus, which no tice shall state the time, place, and purpose of said caucus. Within fifteen days after each such election, the President of the Senate and the Speaker of the House of Representatives shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt thereof shall immediately issue his commission thereon. Elections of members to the commission shall be conducted at the regular session of the General Assembly immediately pre ceding the expiration of the terms of members of the commission. In the event any term shall expire during any regular session of the General Assembly, such vacancy shall be filled by the General Assembly then in session in the manner herein provided for the unexpired term. In the event any term shall expire when the General Assembly is not in session, such vacancy shall be filled by the Gen eral Assembly at its next regular session in the manner provided herein for the unexpired term."

Mr. Higginbotham of the 75th moves to amend the floor substi tute to HB 998 as follows:

MONDAY, MARCH 24, 1969

2745

1. Those sections of the bill (Sub. HB 998) having reference to racing or flat racing horses shall be construed so as to include regis tered Thoroughbreds or registered American Quarter Horses on ah equal basis whenever either breed name appears, unless otherwise speci fied. Specifically this is to include Sections 2(i), 13, 25 and 37 (b) and (c).

2. Section 34 shall be stricken as written and shall be made to read:

Section 34: Racing Breeds and Racing Seasons:

(a) Racing breeds: Breeds eligible for racing shall be those nationally recognized as such, and shall include Thoroughbreds registered by the Jockey Club of New York, American Quarterhorses registered by American Quarterhorse Association, Standardbreds, and other recognized breeds at the discretion of the Racing Commission.

(b) Racing Seasons: Thoroughbreds and Quarterhose sea sons may coincide. Thoroughbreds and Quarterhorses may race at the same track on the same dates, the Thoroughbred-Quarterhorse percentage allotment of race days during a meet sea son or races on a day's race program being on an equal basis. Reasonable variations of this percentage allotment may be made from time to time at the discretion of the Racing Com mission in accordance with the availability of racing stock.

Standardbred or trotting horses may race at the same or at a different track from Thoroughbreds and Quarterhorses, whichever appears more suitable to the Racing Commission; but they shall race on a different race course if at the same track. Racing seasons of Standardbreds shall be determined by the Commission, and shall be scheduled so as not to conflict with the seasons of racing for other breeds.

(c) Racetrack Stall Space: On-track stall space shall be allotted so as to reasonably accommodate all horses racing.

3. Those sections making reference to breed registry or regulatory organizations (such as Jockey Club of New York) shall include Ameri can Quarterhorse Association and/or Georgia Quarterhorse Association or Georgia Quarterhorse Breeders Association whenever appropriate. Specifically these sections are 2(i), 25(b), and 37(b) and (c).

4. Section 14: Minimum Purse per race: The first sentence shall be made to read:

A permit holder licensed to conduct a summer ThoroughbredQuarterhorse race meeting shall pay a minimum purse for each race conducted by it of not less than $2,500 for Thoroughbreds and $700 for American Quarter Horses and shall distribute in total purse money during its meeting not less than 20 per cent more than its daily minimum purse requirements.

2746

JOURNAL OP THE HOUSE,

The floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, Mr. Matthews of the 63rd moved the ayes and nays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Bell Bennett Berry Bond Brown, B. D. Brown, C. Buck Gates Conger Connell Cook Cooper Daugherty Davis, W. Dean, J. E. DeLong Dent Egan

Ellis Ezzard Farmer Farrar Gary Gaynor Geisinger Harris, J. R. Hawes Higginbotham Hill, B. L. Hood Howell Hutchinson Joiner Leonard Levitas Marcus Mason

Matthews, C. Maxwell McClatchey Melton Merritt Miles Moate Nunn Parker, C. A. Pickard Russell Shepherd Sherman Simkins Simmons Thomason Thompson, A. W. Townsend Winkles

Those voting in the negative were Messrs.

Adams Anderson Atherton Ballard Barber Barfield Blalock Bohannon Bostick Bo wen Bray Brooks Burruss Busbee

Caldwell Games Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Conner Crowe Davis, E. T. Dean, N. Dickinson

Dixon Dodson Dorminy Douglas Edwards Evans Fallin Floyd, J. H. Floyd, L. R. Funk Gignilliat Grahl Graves Gunter

Hadaway Hale Hargrett Harrington Harris, J. F. Harris, R. W. Hill, G. Horton Hudson Johnson Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S.

MONDAY, MARCH 24, 1969
Lewis Longino Lowrey Matthews, D. R. Mauldin McCracken Milford Miller Moore Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Patterson Peterson Phillips, L. L. Pinkston Rainey

2747
Reaves Roach Ross Rowland Rush Salem Shanahan Sims Smith, V. T. Snow Sweat Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wilkerson Wood

Those not voting were Messrs.:

Battle Black Brantley, H. H. Brantley, H. L. Colwell Dailey Felton Hamilton Harrison Henderson Holder

Housley Jones, C. M. Lambert Lane, W. J. McDaniell Nash Parker, H. W. Peters Phillips, G. S. Phillips, W. R. Poole

Potts Scarborough Scarlett Smith, J. R. Sorrells Wheeler, Bobby Wheeler, J. A. Williams Wilson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 57, nays 106.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Battle of the 90th requested that he be recorded as having voted against the passage of HB 998, by substitute, as amended.

Mr. Joiner of the 35th stated that he had inadvertently voted "aye" but in tended to vote "nay" on the passage of HB 998, by substitute, as amended.

2748

JOURNAL OF THE HOUSE,

The Speaker announced the House recessed until 2:15, p.m., this day.

AFTERNOON SESSION

The Speaker Pro-Tern called the House to order.

The following Resolutions of the House were read and adopted:

HR 406. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Rockmart-Aragon Red Cross Volunteers; and for other purposes.
WHEREAS, there are some very dedicated ladies in the State of Georgia who freely give of their time and energies in order to aid and comfort those less fortunate individuals who have suffered some mis fortune or illness requiring hospitalization; and
WHEREAS, the ladies of the Rockmart-Aragon Red Cross Volun teers have rendered their services, without charge, in such a manner that the sick and infirm have been able to find some comfort and solace while confined to their hospital beds; and
WHEREAS, the ladies of the Rockmart-Aragon Red Cross Volun teers work three shifts a day, sevn days a week, and never request or accept a charge for their services and
WHEREAS, in addition to their hospital work, the ladies assist in the operation of the mobile blood bank in the Rockmart area accepting blood donations for use in cases of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends these dedicated ladies of the Rockmart-Aragon Red Cross Volunteers for their outstand ing and most worthwhile services to the sick.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable John Neal, Hospital Administrator; Mrs. Woodson Cummings, Chairman of the RockmartAragon Red Cross Volunteers; and Miss Evelyn Morgan, Co-chairman of the aforesaid organization.

MONDAY, MARCH 24, 1969

2749

HR 407. By Messrs. Mauldin and Milford of the 12th and Senator Brown of the 47th:

A RESOLUTION

Congratulating the Franklin County High School Girls' "Lionettes" Basketball Team and Coach J. B. Bearden; and for other purposes.

WHEREAS, the Franklin County High School Girls' Basketball Team, known as the "Lionettes", completed a successful 1968-69 regular season, winning a total of 19 games, while losing only three; and

WHEREAS, during one stretch in the season, the team won 18 straight games; and

WHEREAS, the "Lionettes", during the last four seasons, have placed second in the Region twice, and have won the Region twice; and

WHEREAS, the record of the "Lionettes" for the last five seasons is 121 wins and only 34 losses; and
WHEREAS, in addition to a fine regular season, the "Lionettes" won five games and lost two in tournament play, and won third place in the State "AA" tournament for the second year in a row; and

WHEREAS, the "Lionettes" placed two members of the team, Miss Ann Eavenson and Miss Carolyn Jordan, on the "AA" All-State team, and Miss Jennifer Burgess and Miss Hilda Buffington received honor able mention; and

WHEREAS, these feats can only be attributed to the spirit, de termination, drive and pride by the "Lionettes" and the excellent lead ership and coaching by Coach J. B. Bearden; and

WHEREAS, the citizens of Franklin County are justly proud of the outstanding achievements of the "Lionettes".

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the "Lion ettes" and Coach J. B. Bearden for their many outstanding accomplish ments on the hardwood floor of friendly competition.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Resolution to Franklin County High School, Coach J. B. Bearden, and very member of the Franklin County High School Girls' "Lionettes" Basketball Team.

2750

JOURNAL OF THE HOUSE,

HR 408. By Messrs. Potts and Mullinax of the 30th, Bray of the 31st and Floyd of the 7th:

A RESOLUTION

Commending the members of the staff of the Office of Speaker; and for other purposes.

WHEREAS, the members of the staff of the Office of the Speaker have once again rendered outstanding service to the members of this body; and

WHEREAS, all the members of this body are most appreciative for their many acts of thoughtfulness and kindness during this session.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sineerest appreciation is hereby expressed to Mrs, Ernestine Holland, Mrs. Iris Owens, Mrs. Jackie Young, and Mrs. Lounelle Jones for the outstanding service rendered to the mem bers of the House of Representatives.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the above-named persons.

HR 409. By Messrs. Potts and Mullinax of the 30th, Bray of the 31st and Floyd of the 7th:
A RESOLUTION
Expressing appreciation to the stenographers who have assisted the members of the House of Representatives and for other purposes.
WHEREAS, the stenographers in the Stenographic Office have once again rendered oustanding service to the members of this body; and
WHEREAS, all the members of this body are most appreciative for their many acts of thoughtfulness and kindness during this session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sineerest appreciation is hereby expressed to Mrs. Nancy Wiley, Supervisor; Mrs. Marie Netherland; Mrs. Pat Redding; Mrs. Lounell Jones; Mrs. Betty McDonald; Mrs. Stella Firestone; Mrs. Lucille Dennis; Mrs. Jeanne Hill; Mrs. Rachel Fowler; Mrs. Joanne Thackerson; Mrs. Dell Moncrief; and Mrs. June Wolfe for the outstanding service rendered to the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to the above named persons.

MONDAY, MARCH 24, 1969

2751

HR 410. By Messrs. Lewis of the 37th, Wood, Williams and Cooper of the llth, Ware of the 30th, Harris of the 77th, Smith of the 43rd and Dean of the 19th:

A RESOLUTION

Commending and congratulating the American Legion upon its Golden Anniversary; and for other purposes.

WHEREAS, the American Legion celebrated its Golden Anniversary on March 15, 1969; and

WHEREAS, the idea of forming an association of veterans follow ing their return to America after World War I originated in a meeting in the Cirque de Paris in Paris, France, in 1919; and

WHEREAS, the stated purposes of the veterans of the First World War were set forth in the preamble to the Constitution of the American Legion and of all the noble sentiments expressed in that great docu ment, none rings more truly than the last which pledges Legionnaires ". . . to consecreate and sanctify our comradeship by our devotion to mutual helpfulness"; and

WHEREAS, that sentiment has lead to the establishment of veter ans' hospitals, the enactment of compensation and pension laws, and the provision of pension for war widows; and

WHEREAS, the American Legion has always been active in other areas of national concern and need and Legionnaires have revered the flag when the flag has been scorned, they have defended the virtue of patriotism when others have scoffed at that virtue, and they have con tinued to remind the young that it is the duty of the citizen to be willing to bear arms in the defense of the Republic; and

WHEREAS, the American Legion will hold its 51st National Con vention in Atlanta, Georgia, beginning August 22, 1969, at which time the Task Force for the Future will make its report which will establish guidelines that will set the course for the American Legion through the years beyond the Golden Year of 1969; and

WHEREAS, the stated purpose of the American Legion contained in the preamble to the Constitution of the American Legion are ideals which all Americans should attempt to live by, particularly the purposes which state "to foster and perpetuate a 100% Americanism" and "to inculcate a sense of individual obligation to the community, state and nation."

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and congrat ulate the American Legion upon its Golden Anniversary and welcome the American Legion to the Capital City of the State of Georgia for its 51st National Convention.

2752

JOURNAL OF THE HOUSE,
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to the National Commander of the Ameri can Legion and the Department Commander of the American Legion, Department of Georgia, and to such others as the authors of this resolu tion may designate.

HR 411. By Messrs. Potts and Mullinax of the 30th, Bray of the 31st and Floyd of the 7th:
A RESOLUTION
Expressing appreciation to the members of the Page Staff; and for other purposes.
WHEREAS, the members of the Page Staff have once again ren dered outstanding service to the members of this body; and
WHEREAS, all the members of this body are most appreciative for their many acts of thoughtfulness and kindness during this session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed by this body to Mrs. Helene Young; Mrs. Carolyn Hopkins; Miss Julliana Sweazea; Mrs. Ann Webb; Mrs. Gay Hatcher; Mrs. Elaine Smith; Mrs. Viola Donnaud; Mrs. Velma Fellows; and Miss Charlotte Dekle for the outstanding service they have rendered during this session.
BE IT FURTHER RESOLVED that the Clerk of the House is. hereby instructed to transmit an appropriate copy of this Resolution, to the above named persons.

HR 412. By Messrs. Adams of the 110th, Salem of the 51st, Brown of the 32nd,. Carnes of the 104th and many, many others:
A RESOLUTION
Commending the lovely ladies of the Legislative Counsel's Office? and for other purposes.
WHEREAS, were it not for the ten lovely ladies of the Legislative Counsel's Office, the multitude of Bills which have been considered this Session would never have reached the hallowed halls of either House of the General Assembly; and
WHEREAS, working diligently from dawn until the wee hours of the night, the inspired fingers of the ten lovely ladies have laboriously manipulated their typewriters, turning out magnificent and meaningful works for the members of both Houses to consider; and

MONDAY, MARCH 24, 1969

2753

WHEREAS, Georgia Ann Estes, Maurice Hammond, Mary E. Haseltine, Patricia Landeck, Pam Little, Martha Lung, Aralee Mason, Mildred Saffold, Priscilla Sexton and Diane Smith have each had an important
part to contribute toward what will forever be the laws of the 1969 Session of the General Assembly of Georgia; and

WHEREAS, it is only fitting and proper that the members of the General Assembly show their appreciation for what the above-named ladies have done.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby extends its sincerest commendation to Georgia Ann Estes, Maurice Hammond, Mary E. Haseltine, Patricia Landeck, Pam Little, Martha Lung, Aralee Mason, Mildred Saffold, Priscilla Sexton and Diane Smith for their magnificent efforts all through the 1969 Session of the General Assembly of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to each of the above-named ladies.

HR 413. By Messrs. Phillips of the 38th and Moore of the 6th:
A RESOLUTION
Commending Miss Mildred Anita Stephens; and for other purposes.
WHEREAS, Miss Mildred Anita Stephens is an outstanding repre sentative of the younger generation, being talented, intelligent and wholesome; and
WHEREAS, she has an outstanding record in scholastic achieve ment, school athletics, and church activities; and
WHEREAS, she has the high honor of being selected STAR Student of Harris County High School for 1969.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Mildred Anita Stephens for being selected STAR Student of Harris County High School for 1969.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Miss Mildred Anita Stephens.

HR 414. By Mr. Phillips of the 38th:
A RESOLUTION
Commending the Honorable Thomas H. Mahone, Sr.; and for other purposes.

2754

JOURNAL OF THE HOUSE,

WHEREAS, the Honorable Thomas H. Mahone, Sr. of the County of Talbot, is a distinguished citizen of that county; and

WHEREAS, he has a record of long and distinguished service to his friends, neighbors, and fellow citizens, having held the office of Ordi nary of Talbot County for many years, as well as various other posi tions of public trust; and

WHEREAS, he is a scion of pioneer stock, and exhibits all the vir tues of the pioneers in his uprighteousness and strength of character; and

WHEREAS, he is a philosopher whose wit, wisdom, and keen in sights are sources of constant edification to those fortunate enough to know him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Thomas H. Mahone, Sr.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Thomas H. Mahone, Sr.

HR 415. By Mr. Lewis of the 37th:
A RESOLUTION
Commending the Honorable Roy F. Chalker, Publisher and Editor of one of the finest newspapers in the South; and for other purposes.
WHEREAS, the Honorable Roy F. Chalker, Publisher and Editor of the True Citizen of Waynesboro, Burke County, Georgia, is the main reason why the newspaper was selected as one of Georgia's outstanding newspapers by the Georgia Press Association in 1968; and
WHEREAS, the True Citizen and Mr. Chalker have received many awards over the years, each of which has applauded and recognized the honorable gentleman's journalistic abilities, but none of which has ade quately paid to him the tribute which he deserves; and
WHEREAS, as the guiding force of the True Citizen, the Honor able Foy F. Chalker has stimulated the thoughts of his readers, and has prompted new and modern innovations to take place in Waynesboro and Burke County; and
WHEREAS, he has handpicked one of the most outstanding and dedicated newspaper staffs in the South; and

MONDAY, MARCH 24, 1969

2755

WHEREAS, were it not for this fine gentleman and his probing prose, many important changes would never have taken place in Waynesboro and Burke County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Roy F. Chalker, and his staff, for outstanding dedication to the high principles of the journalistic profession.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Roy F. Chalker, Waynesboro, Georgia.

HR 416. By Messrs. DeLong and Sherman of the 80th, Maxwell, Simkins and Miles of the 78th, Dent and Connell of the 79th:
A RESOLUTION
Expressing regrets at the passing of Mrs. J. Logan Kitchens; and for other purposes.
WHEREAS, Mrs. J. Logan Kitchens passed away recently after an extended illness; and
WHEREAS, during her lifetime, Mrs. Kitchens was an active par ticipant in the civic and religious life of her community; and
WHEREAS, for the past six years she served as a devoted and loyal employee of the City of Augusta, serving as the secretary to the Honorable George A. Sackan, Jr., the Mayor of the City of Augusta.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the passing of Mrs. J. Logan Kitchens, one of this State's most distinguished citizens.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mr. J. Logan Kitchens.

HR 417. By Messrs. Adams of the 100th, Salem of the 51st, Brown of the 32nd, Games of the 104th and many, many others:
A RESOLUTION
Commending the Legislative Counsel and his staff; and for other purposes.

2756

JOURNAL OP THE HOUSE,

WHEREAS, the Legislative Counsel, the Honorable Frank H. Ed wards, is charged with the responsibility of turning ideas for legisla tion into well-drafted bills, in order that the members of the General Assembly can enact good and meaningful laws; and

WHEREAS, the Legislative Counsel is required to perform many other legal services, all of which he and his staff willingly and excel lently perform; and

WHEREAS, the Georgia Office of Legislative Counsel is known to be one of the best and most efficient such operations in the United States, as delegations from other States have arranged to pattern their respective offices of Legislative Counsel after Georgia's; and

WHEREAS, it is known that the efficiency of the Office of Legis lative Counsel is not due to any mechanical procedural arrangement, but its efficiency is due to the personalities and dedication of the Legis lative Counsel and his staff; and

WHEREAS, the staff consists of Charles E. Tidwell, Chief Deputy Legislative Counsel; Virlyn Slaton, Deputy Legislative Counsel; Harvey Findley, Research Director; Houser Pugh, Assistant Legislative Coun sel; and Paul Listen, Assistant Legislative Counsel.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members thereof hereby commend the Legislative Counsel and his staff for the excellent services which have been rendered throughout the 1969 Ssesion.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Legislative Counsel and the abovenamed members of his staff.

HR 418. By Mr. Phillips of the 38th:
A RESOLUTION
Expressing regrets at the passing of the Honorable Homer C. Grant; and for other purposes.
WHEREAS, the Honorable Homer C. Grant was a lifelong resident of Harris County, and a descendant of pioneer settlers of the area; and
WHEREAS, he was a positive force in his community, and a build er of renown over wide areas of West Central Georgia and Alabama; and
WHEREAS, he was a father who successfully reared his children in the tradition of public spirited uprightness, and fine qualities of craftsmanship; and

MONDAY, MARCH 24, 1969

2757

WHEREAS, the Honorable Homer C. Grant departed this life on the 21st day of February in the year 1969; and

WHEREAS, his loss is keenly felt by his family and all who knew him and worked with him.

NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES of the Sovereign State of Georgia does ex press its regrets at the loss of the Honorable Homer C. Grant to his community, and the State.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to forward an appropriate copy of this Resolution to the family of the Honorable Homer C. Grant.

HR 419. By Mr. Phillips of the 38th:
A RESOLUTION
Congratulating Mrs. Clara Watson Chapman; and for other pur poses.
WHEREAS, Mrs. Clara Watson Chapman, of Shiloh, Georgia, was born on the first day of Spring, March 20, 1885; and
WHEREAS, she is a lifelong resident of Harris County, Georgia, her family being pioneer settlers of that section of Georgia; and
WHEREAS, she is and has been a guiding light to her family and friends, and a constructive person in her community; and
WHEREAS, she celebrated her 84th birthday on March 20, 1969.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES of the Sovereign State of Georgia that this Body hereby congratulates Mrs. Clara Watson Chapman upon her long life and good health; and, wishes her many, many happy returns of the day.
BE IT FURTHER RESOLVED that the Clerk of the House is instructed to furnish Mrs. Clara Watson Chapman with an appropriate copy of this Resolution.

HB 420. By Mr. Edwards of the 45th:
A RESOLUTION
Commending Mr. Alan Waller; and for other purposes.
WHEREAS, Mr. Alan Waller, the son of Mr. and Mrs. Benny Waller of Charing, Georgia, is a 17-year old Senior at Taylor County School; and

2758

JOURNAL OF THE HOUSE,

WHEREAS, he was recently selected as STAR Student; and

WHEREAS, he chose Mr. Norman Carter, the principal of Taylor County High School, as his STAR Teacher; and

WHEREAS, during the past four years, he has maintained a 94.96 average, served as president of the Beta Club; played basketball, worked with the 4-H Club; and is serving as vice president of the Senior Class; and

WHEREAS, he was chosen "Best All Around" by the Seniors in his high school, and was named to the Tri-County Tournament All Stars; and

WHEREAS, he is a member of the Key Club, active in the Future Farmers of America, the Hi-Y, the Future Business Leaders of America, and serves on the Student Council.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mr. Alan Waller is hereby commended by this body for being selected as the STAR Student of Taylor County High School, and for his many other outstanding accomplishments.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the above-named persons.

HR 421. By Mr. Edwards of the 45th:
A RESOLUTION
Expressing regret at the passing of Mr. Johnny Carpenter; and for other purposes.
WHEREAS, Mr. Johnny Carpenter, of Butler, Georgia, was recent ly killed in Vietnam while engaging in ground warfare; and
WHEREAS, he was the son or Mr. and Mrs. Freeman Carpenter, and was married to Mrs. Dorothy Short Carpenter; and
WHEREAS, he was a fine young man and a credit to his com munity, and will be sorely missed by all those who knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express regret at the passing of Mr. Johnny Carpenter and does send sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the above-named persons.

MONDAY, MARCH 24, 1969

2759

HR 422. By Mr. Phillips of the 38th:

A RESOLUTION

Commending Honorable George W. Newsome of Cataula; and for other purposes.

WHEREAS, the Honorable George W. Newsome is a prominent resident of Cataula and of the County of Harris; and

WHEREAS, he exhibits in his conduct the uprightness of char acter, dedication to his church, concern for the public good, and other qualities of the pioneer spirit; and

WHEREAS, he brings those qualities to bear in the exercise of his duties, powers and functions as Justice of the Peace, which is a most important office in the South.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able George W. Newsome for his outstanding character and congratulate him on the position of faith and trust to which his friends and neighbors have elected him.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and requested to transmit an ap propriate copy of this Resolution to Honorable George W. Newsome.

HB 423. By Mr. Hudson of the 48th:
A RESOLUTION
Commending Mr. Barney Southwell Purvis; and for other purposes.
WHEREAS, Mr. Barney Southwell Purvis, a native son of Irwin County and an instructor at Irwin County High School, was recently named Georgia's Outstanding Science Teacher of 1968-69; and
WHEREAS, the award was sponsored by the Georgia Science and Technology Commission and the Georgia Science Teachers Association, and was the first such award of its kind; and
WHEREAS, as a result of his dedication to his work and his teach ing practices and techniques, his students over the years have been extremely successful in district and State competition in the field of science; and
WHEREAS, he is an extremely worthy choice for the award and it is only fitting that he should be the first person selected to receive the award.

2760

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Barney Southwell Purvis on being selected as Georgia's Outstanding Science Teacher of 1968-69, and for his many other outstanding accomplish ments in the field of science education.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Irwin County High School and Mr. Barney Southwell Purvis.

HB 424. By Mr. Smith of the 43rd:
A RESOLUTION
Expressing regret at the passing of Honorable Roy Duncan Brannon; and for other purposes.
WHEREAS, Honorable Roy Duncan Brannon, who served the members of the House of Representatives with ability and dedication as an aide to the Speaker of the House for the last three years, recently passed away; and
WHEREAS, he was born in Gaffney, South Carolina, on July 8, 1901, but moved to Swainsboro, Georgia, in 1927; and
WHEREAS, he was held in the highest esteem by the members of the House and by all who knew him and will be sorely missed by his many friends throughout the State of Georgia; and
WHEREAS, he is survived by his wife, Mrs. Lillian Medlock Bran non and two sons, Mr. Jack Duncan Brannon and Mr. Donald Earl Brannon.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable Roy Duncan Brannon and extend their sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit approp riate copies of this Resolution to Mrs. Lillian Medlock Brannon, Mr. Jack Duncan Brannon and Mr. Donald Earl Brannon.

HB 425. By Mr. Smith of the 43rd:
A RESOLUTION
Wishing Dr. 0. C. Aderhold a speedy recovery; and for other pur poses.

MONDAY, MARCH 24, 1969

2761

WHEREAS, Dr. O. C. Aderhold, the renowned educator, is ill in Emory University Hospital; and

WHEREAS, it is the wish and desire of this body to express to Dr. O. C. Aderhold their concern for his physical well-being; and

WHEREAS, Dr. O. C. Aderhold is recognized as one of this nation's most distinguished educators and outstanding administrators; and

WHEREAS, during his illness, Dr. Aderhold's many friends and acquaintances and the members of this body will be deprived of his counsel, guidance and advice.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the illness of Dr. 0. C. Aderhold and does hereby wish for him a speedy and complete recovery.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Dr. 0. C. Aderhold.

HB 426. By Mr. Edwards of the 45th:
A RESOLUTION
Congratulating the Taylor County High School Girls' Basketball Team and Coach Norman Carter; and for other purposes.
WHEREAS, the Taylor County High School Girls' Basketball Team completed an undefeated 1968-69 regular season; and
WHEREAS, over the past two seasons, the team has won 63 con secutive games, which is a new State high school record; and
WHEREAS, in addition to having an outstanding regular season, the team won the State Class "C" Basketball Championship, after having won the State Class "B" Basketball Championship last season; and
WHEREAS, this is probably the first time in the history of Georgia high school basketball that a team has won consecutive State champion ships in different classes; and
WHEREAS, these outstanding feats can only be attributed to the spirit, determination, drive and pride by the Taylor County High School Girls' Basketball Team and the excellent leadership and coaching by Coach Norman Carter; and
WHEREAS, the citizens of Taylor County are justly proud of the outstanding achievements of this fine team.

2762

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Taylor County High School Girls' Basketball Team and Coach Norman Carter for their many outstanding accomplishments on the hardwood floor of friendly competition.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Resolution to Taylor County High School, Coach Norman Carter, and every member of the team.

The following Resolution of the House was read and referred to the Com mittee on Rules:

HR 427. By Messrs. Rowland of the 42nd and Lee of the 61st:
A RESOLUTION
Creating the Parole and Probation Study Committee; and for other purposes.
WHEREAS, it has come to the attention of many members of the House of Representatives that there is an overlapping of functions and duplication of efforts in many activities relating to parole and proba tion; and
WHEREAS, a thorough study should be made of all matters relat ing to the parole and probation activities of the various departments and agencies of the State government in order that improvements may be made to bring about a maximum of efficiency, economy and effec tiveness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Parole and Probation Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall make a thorough study of all matters relating to the pardon and parole procedures and activities of the various departments and agencies of the State government for the purpose of finding ways and means of improving and making more efficient and effective such procedures and activities.
BE IT FURTHER RESOLVED that the members of the committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Com mittee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to re ceive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

MONDAY, MARCH 24, 1969

2763

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legisla tion that may be recommended by the Committee.

The following report of the Committee on Rules was read and adopted.
Mr. Speaker:
Your Committee on Rules met and amended the calendar for today's busi ness, March 24, 1969, and submits the following:
HB 1010. North Georgia Mountains Authority.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers so as to provide that certain members may be placed back into full retirement benefits upon meeting certain require ments; and for other purposes.

The following Senate amendment was read:

follows:

The Senate Retirement Committee moves to amend HB 194 as

By adding to the first sentence of Section 1 the following:

"provided such person has served at least two school years after such restoration to service."

so that as amended Section 1 will read:

"An Act establishing a retirement system for teachers in the State public schools approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding to subsection (6) of Section 5 the following:

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JOURNAL OF THE HOUSE,

"Provided, however, in the event a person is restored to service on or after his attainment of age fifty and again becomes a mem ber of the Teachers' Retirement System under this subsection, upon reimbursing the System for any pension received from the System during his retirement, plus regular interest, such person shall re ceive credit for any prior creditable service and upon subsequent retirement he shall be credited with all his service as a member, provided such person has served at least two school years after such restoration to service. Such person's pension shall be based on the total of his creditable service and he shall not be limited to the sum of the pension he was receiving prior to his last restoration to membership in the System."

Mr. Grahl of the 40th moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D.
Brown, C. Buck Burruss Busbee Caldwell Games Cato Chandler Clarke Cole Collier Collins, M.

Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Evans Fallin Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl
Graves

Gunter Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino
Lowrey Marcus Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nessmith Northcutt

MONDAY, MARCH 24, 1969
Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd

2765
Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Brooks Cates Dean, J. E. DeLong Dodson Egan Ellis Ezzard

Farmer Farrar Floyd, J. H. Hadaway Hale Hamilton Harris, J. F. Higginbotham Holder Mason Matthews, C.

Matthews, D. R. Moate Nash Poole Reaves Russell Sherman Townsend Wamble Mr. Speaker

On the motion to agree, the ayes were 163, nays 0.
The Senate amendment to HB 194 was agreed to.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

2766

JOURNAL OF THE HOUSE,

SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th, and Adams of the 26th:
A Bill to be entitled an Act to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously dis abled persons so as to provide for a definition of the term "State property"; and for other purposes.

Mr. Chandler of the 34th moves to amend SB 116 as follows:
By adding at the end of subsection (a) of quoted Section 1 of Sec tion 1 the following sentence:
"Provided, however, the term 'State Property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System; the State Building Authority (University), and any county or inde pendent school system of this State."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Bray Brown, B. D. Brown, C. Buck Burruss

Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N.

Dent Dickinson Dixon Dorminy Douglas Edwards Egan Evans Fallin Farrar Felton Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. R.

Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey

MONDAY, MARCH 24, 1969
Marcus Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey

2767
Roach Ross Rowland Rush Russell Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Brooks Clarke Dean, J. E. DeLong Dodson Ellis Ezzard Farmer Floyd, J. H.

Gaynor Hadaway Hale Hamilton Harris, J. F. Higginbotham Jones, M. Lambert Lewis Mason Matthews, C.

Matthews, D. R. Moate Nash Pickard Poole Reaves Salem Sherman Smith, V. T. Westlake Mr. Speaker

On the passage of the Bill, as amended, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

2768

JOURNAL OF THE HOUSE,

SB 85. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend Code Section 95-1504 so as to provide that the State Highway Department is authorized to make regulations for installation, construction, and maintenance of public utility equipment on any State Highway project; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. Laws 1953, Nov. Sess., p. 127), so as to provide that the State Highway Department is autho rized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and appli ance of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the Department pursuant to its authority; to define the term utility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. Laws 1953, Nov. Sess., p. 127), is hereby amended by adding at the end thereof the following:
"The State Highway Department is authorized to make rea sonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, and other equipment and appliances of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the Department pursuant to its authority.",
so that when so amended, Code Section 95-1504 shall read as follows:
"95-1504. Control of highway work; designation of State-aid roads, funds.--The powers and duties of the State Highway De partment shall be as follows: to have charge and control of all road or highway work designated or provided for, or done by the State or upon the State-aid roads; to designate, improve, supervise, construct and maintain a system of State-aid roads; to have con trol, charge, and supervision of the expenditures of all funds ap propriated or provided for highway or road work by the State, or which may be a part of the State-aid road fund; to provide for

MONDAY, MARCH 24, 1969

2769

surveys, maps, specifications, and other things necessary in desig nating, supervising, locating, improving, constructing or maintain ing said State-aid roads, or such other public roads as provided for under Chapters 95-15 to 95-17; to secure consulting advisers in im portant technical matters, including the qualifications of technical employees; to employ clerical assistance and incur other expenses, including necessary equipment and office rent; to pay the com
pensation and expenses of all officials and employees of the State Highway Department; and to provide for such other expenses as may come under, or be in harmony with the provisions of Chapters 95-15 to 95-17. The State Highway Department is authorized to construct and maintain such main outlet canals and ditches as will in its discretion provide drainage of roadbeds and bridges in this State. Local soil conservation districts shall cooperate in such work and furnish engineering data, surveys, and assist in the supervision of construction. The State Highway Department is authorized to make reasonable regulations for the installation, construction, main tenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and ap pliances of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the Department pur suant to its authority."

Section 2. As used in this Act, the term "utility" shall mean and include all publicly-, privately-, or cooperatively-owned lines, facilities, and systems for producing, transmitting or distributing communica tions, power, electricity, light, heat, gas, oil products, water, waste, storm water not connected with highway drainage, and other similar services or commodities including publicly-owned fire and police signals and street lighting systems, which directly or indirectly serve the pub lic or any part thereof.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield

Battle Bell Bennett Berry Black Blalock Bohannon

Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.

2770
Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Edwards Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, L. R. Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves
Gunter
Hargrett
Harrington
Harris, J. F.
Harris, R. W.

JOURNAL OF THE HOUSE,

Harrison Hawes Henderson Hill, G. Holder Hood Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moore
Morris
Mullinax
Murphy

Nes smith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Rainey Roach Ross Rush Russell Salem Scarlett Shanahan Shepherd Sherman Sinimons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, R. Toles Town send Vaughn Wamble Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Wilson
Winkles
Wood

Those voting in the negative were Messrs.:

Douglas

Hudson

Phillips, W. R.

MONDAY, MARCH 24, 1969

Those not voting were Messrs.:

Bowen Caldwell Collins, M. Colwell Davis, E. T. Dean, J. E. Ezzard Floyd, J. H. Funk Hadaway

Hale Hamilton Harris, J. R. Higginbotham Hill, B. L. Lambert Mason Moate Nash Pickard

2771
Poole Reaves Rowland Scarborough Simkins Smith, V. T. Thompson, A. W. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1010. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating the North Geor gia Mountains Authority so as to further define the term "project", and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Atherton Ballard
Barber Bell Berry Black Blalock
Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, B. D. Brown, C.
Buck Burruss Busbee Caldwell Carnes
Gates Cato Chandler Clarke
Collier Collins, M. Collins, S.

Colwell Conger Connell
Conner Cook Cooper Crowe Dailey
Daugherty Davis, E. T. Davis, W. Dean, N.
DeLong Dent Dickinson

2772
Dixon Dodson Dorminy Edwards Egan Ellis Evans Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Gunter Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen

JOURNAL OF THE HOUSE,

Knapp
Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nessmith Northcutt Nunn
Odom Pafford
Paris Parker, C. A. Parker, H. W. Patterson

Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Roach Ross Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn
Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Voting in the negative was Mr. Douglas.

Those not voting were Messrs.:

Alexander Anderson Barfield Battle Bennett Cole Dean, J. E. Ezzard Fallin

Farmer Floyd, J. H.
Funk Grahl Hadaway Hale Hamilton Hargrett Harris, J. R.

Higginbotham Horton Keyton Lewis Mason Moate Nash Pickard Poole

Rainey Reaves Rowland

MONDAY, MARCH 24, 1969

2773

Russell Smith, V. T. Wamble

Westlake Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SR 37. By Senator Carter of the 14th:
A RESOLUTION
Creating the Providence Canyon Study Committee; and for other purposes.
WHEREAS, Providence Canyon, which is over 100 million years old, is located approximately 7 miles northeast of Lumpkin in Stewart County, Georgia; and
WHEREAS, Providence Canyon is also called "Little Grand Can yon" because of its striking similarity to Grand Canyon; and
WHEREAS, Providence Canyon is a potential tourist attraction which has never been developed by the State of Georgia; and
WHEREAS, the owners of the property have stated that the area is being damaged extensively by tourists at the present time since the area is not policed or regulated; and
WHEREAS, Providence Canyon could become one of the most suc cessful tourist attractions and recreational centers in the Southeast if properly developed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Providence Canyon Study Committee to be composed of one Senator appointed by the President of the Senate, one Representative to be appointed by the Speaker of the House of Representatives, the Director of the Department of Industry and Trade or his representative, the Director of the State Planning Bureau or his representative, the Director of the Department of State Parks or his representative, the Chairman of the Georgia Travel Commission or his representative, and the Director of the Lower Chattahoochee Area Planning and Development Commis sion or his representative. The Committee shall be authorized to study all matters relative to the development of Providence Canyon as a major tourist attraction and recreational center, including but not lim ited to, acquisition and development of such property by the State,, by private enterprise or jointly by the State and private enterprise.

2774

JOURNAL OF THE HOUSE,
The legislative members shall receive the allowances authorized for legislative members of interim legislative committees. The other mem bers of the Committee shall receive no compensation for their services but shall be reimbursed for actual expenses from the agency of State Government with which employed. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The Com mittee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time the Committee shall stand abolished. The Committee shall be authorized to meet not more than ten (10) days.

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bo wen Bray Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong

Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Pallin Farmer Farrar Felton Floyd, J. H. Floyd, L. K. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Johnson Joiner Jones, Herb Jones, M.

Jordan, G. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mauldin Maxwell McCracken Melton Merritt Miles Miller Moore Morris Mullinax Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts

Rainey Roach
Ross Rowland Rush Salem Scarborough Scarlett Shepherd Simkins Simmons

MONDAY, MARCH 24, 1969
Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend

2775
Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett Brantley, H. H. Brantley, H. L. Brooks Caldwell Clarke Collins, M. Dean, J. E. Egan Ezzard Punk Hadaway Hale

Hamilton Harris, J. R. Higginbotham Hutchinson Jones, C. M. Jordan, H. S. Lambert Mason Matthews, C. Matthews, D. R. McClatchey McDaniell Milford Moate

Murphy Nash Parker, H. W. Pickard Poole Reaves Russell Shanahan Vaughn Westlake Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, and others: A Bill to be entitled an Act to prohibit the intentional dumping or leav ing of a dead dog in private or public property; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT
The Conference Committee on House Bill No. 225 recommends the following:

2776

JOURNAL OP THE HOUSE,
(1) That the House and Senate recede from their respective posi tions, and that the Bill as introduced, be adopted with the following modifications:
(a) that the words "or about to cause" be deleted from the title; and
(b) that the words "or about to be caused" and "about to cause, or" be deleted from Section 5.
Respectfully submitted,
FOR THE SENATE Cyrus M. Chapman Senator, 32nd District Oliver C. Bateman Senator, 27th District Joel C. (Jack) Hardy Senator, 56th District
FOR THE HOUSE Kent Dickinson Representative, 118th District Henry L. Reaves Representative, 71st District Howard H. Rainey Representative, 47th District

Mr. Rainey of the 47th moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bell Berry Black Blalock

Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, C. Buck Burruss Busbee

Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger

Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Tallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hargrett Harrington Harris, J. F. Harrison Hawes Hood Horton Howell

MONDAY, MARCH 24, 1969
Hudson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Marcus Mason Maxwell McClatchey McCracken Melton Merritt Miles Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris

2777
Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wilkerson Williams Wood

Those voting in the negative were Messrs.

Ballard Harris, R. W. Hill, B. L.

Mauldin Milford Moore

Peters Rush Sorrells

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Brooks Brown, B. D.

Caldwell Collins, M. Dean, J. E. Egan Ezzard

Funk Gunter Hadaway Hale

2778
Hamilton Harris, J. R. Henderson Higginbotham Hill, G. Holder Housley Hutchinson

JOURNAL OF THE HOUSE,

Jones, C. M. Lowrey Matthews, C. Matthews, D. R. McDaniell Pafford Pickard Poole

Reaves Smith, J. R. Vaughn Wheeler, J. A. Winkles Wilson Mr. Speaker

On the motion to adopt, the ayes were 149, nays 9.

The Conference Committee report on HB 225 was adopted.

Mr. Lowrey of the 9th requested that he be recorded as having voted for the adoption of the Conference Report on HB 225.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 719. By Messrs. Harris of the 77th and Lee of the 61st: A Bill to be entitled an Act to amend an Act so as to change the defini tion and the penalty for the offense of armed robbery; and for other purposes.
The following Senate amendment was read:
The Senate Judiciary Committee moves to amend HB 719 as follows:
By striking in the caption the phrase "the definition and"
And by striking in Section 1 all after the phrase "to read as fol lows:" and by substituting in lieu thereof the following:
"26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than one nor more than twenty (20) years.
Mr. Harris of the 77th moved that the House disagree to the Senate amend ment.

MONDAY, MARCH 24, 1969

2779

The motion prevailed, and the House disagreed to the Senate amendment to HB 719.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for considera tion and read the third time:

SB 25. By Senators Gillis of the 20th, Cox of the 21st, and Noble of the 19th:
A Bill to be entitled an Act to amend Title 56 of the Code relating to insurance so as to exempt certain applicants for licenses from the re quirements of taking an examination prior to receiving a renewal li cense under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Gates Cato

Chandler Clarke Cole Collier Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans

Fallin Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley

2780

JOURNAL OF THE HOUSE,

Howell Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken

McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris
Murphy Nash Northcutt Nunn Odom
Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland

Rush Russell
Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W, Thompson, R.
Toles Townsend Wamble Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Williams
Wilson Wood Wilkerson

Those not voting were Messrs.:

Brantley, H. L. Caldwell Games Collins, M. Connell Dean, J. E. Ezzard Farmer

Floyd, J. H. Funk
Hale Hamilton Johnson Jones, C. M. Lane, W. J. Mullinax

Nessmith Pafford Parker, H. W.
Poole Vaughn
Ware Winkles Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th, and Starr of the 44th:
A Bill to be entitled an Act to amend Section 56-808a of the Georgia

MONDAY, MARCH 24, 1969

2781

Insurance Code so as to change the word "state" to the word "juris diction" in certain instances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Gates Cato Chandler Clarke, H. G. Cole Collier Collins Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell

Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Miller
Moate Moore Morris Murphy Nash

2782
Northcutt Nunn Odoni Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. E. Pinkston Potts

JOURNAL OF THE HOUSE,

Rainey Roach Ross Rowland Rush Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wood

Those voting in the negative were Messrs.:

Dickinson

Williams

Wilson

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Caldwell Carnes Collins, M. Dean, J. E. Ezzard Punk

Hale Hamilton Harris, J. R. Johnson McDaniell Milford Mullinax Nes smith Pafford Pickard

Poole Reaves Russell Scarborough Townsend Vaughn Wamble Ware Winkles Mr. Speaker

On the passage of the Bill, the ayes were 162, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

SB 146. By Senators Spinks of the 9th, Kidd of the 25th, and others:
A Bill to be entitled an Act to provide for the protection, preservation and investigation of archaeological sites, antiquities and artifacts on State properties; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Institutions and Property jnoves to amend SB 146 as follows:

MONDAY, MARCH 24, 1969

2783

By adding in the title between the word "properties" and the word "to" the following:

"to provide for finders fees;".

By adding at the end of Section 1 the following:

"The Georgia Historical Commission is hereby authorized and directed to pay a reasonable finders fee, to be determined by the Commission, to any person or group of persons who report find ings of ruins, artifacts, treasure, treasure trove, ancient and aban doned ships and other similar sites and objects of the Commis sion."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger

Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Ellis Evans Farmer Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hargrett

Harrington Harris, J. F. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard

2784
Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Morris Murphy Nash Northcutt Nunn

JOURNAL OP THE HOUSE,

Odom Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, W. R. Potts Rainey Ross Rowland Russell Scarlett Shanahan Shepherd Sherman Simkins Simmons

Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Bostick Bowen Dickinson Harris, R. W.

Hill, G. Housley Jordan, H. S. Kreeger

McDaniell Moore Patterson Rush

Those not voting were Messrs.:

Barfield Bennett Blalock Bohannon Caldwell Carnes Gates Collins, M. Cooper Dean, J. E. Edwards Egan Ezzard Fallin Felton

Funk Gunter Hadaway Hale Hamilton Harris, J. R. Johnson Le vitas Lewis Miller Moate Mullinax Nes smith Pafford Phillips, L. L.

Pickard Pinkston Poole Reaves Roach Salem Scarborough Sims Thompson, A. Townsend Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 139, nays 12.

The Bill, having received the requisite constitutional majority, was as amended.

MONDAY, MARCH 24, 1969

2785

SR 15. By Senators Webb of the llth and Bateman of the 27th:

A RESOLUTION

Creating the "Central Printing Agency Study Committee"; and for other purposes.

WHEREAS, the various agencies and departments of the State of Georgia daily print, publish and distribute what must amount to hundreds of reams of printed material; and

WHEREAS, each agency and department contracts to have printed or prints its own materials; and

WHEREAS, most probably it would be more economical for the State to have a central printing agency which would be charged with the responsibility of printing all materials for the various agencies and departments; and

WHEREAS, it appears further that it would be a responsible ac tivity on the part of the General Assembly for several members to investigate the fiscal soundness of creating a central printing agency.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Central Printing Agency Study Committee" to be composed of five members of the Senate, to be appointed by the President of the Senate, and five members of the House of Representatives, to be appointed by the Speaker. The Committee shall elect its own chairman, vice-chairman and secretary.

The Committee shall investigate the various printing needs of the agencies and departments of State Government, and shall determine whether or not it would be an economically sound investment of tax payers' monies to create a central agency which would have the re sponsibility of printing materials for each agency and department. To aid the Committee in making its determination, it shall consult with experts, and shall communicate with officials of other States to see how their respective states have solved problems relating to printing needs of State Government.

The Committee shall remain in existence until the first day of the 1970 Session of the General Assembly, at which time it shall present its report, and legislation if deemed desirable or necessary.

The members of the Committee shall receive such expenses and allowances as are authorized for members of interim legislative com mittees, but for a period not to exceed 10 days, unless an extension is granted by the President of the Senate and the Speaker of the House of Representatives. All funds for the operation of the Committee shall come from funds appropriated to or available to the legislative branch of the government.

2786

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Bohannon
Bond Bostick
Bowen Brantley, H. L.
Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee Caldwell
Gates Cato Chandler
Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper
Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dean, N. DeLong Dent Diekinson

Dodson Dorniiny
Douglas Edwards Egan Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.
Keen
Keyton Knapp
Knowles

Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R, Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris, J. W. Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, W. R. Pickard Potts Roach Ross

Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons

MONDAY, MARCH 24, 1969
Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Vaughn

2787
Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Adams Bariield Bennett Blalock Brantley, H. H. Carnes Clarke Dixon Fallin Farmer

Felton Funk Grahl Hale Hamilton Hawes Johnson Levitas Mullinax Phillips, G. S.

Phillips, L. L. Pinkston Poole Rainey Reaves Scarborough Sweat Town send Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
SB 193. By Senators Coggin of the 35th and Smith of the 18th: A Bill to be entitled an Act to amend an Act providing for an inte grated tax administration for Georgia so as to remove the limitation on the number of motor vehicles which may be purchased; and for other purposes.
The following amendment was read:
Mr. Miles of the 78th moves to amend Senate Bill 193 as follows:
By inserting in the title before "to repeal conflicting laws" the following: "; to provide an effective date", and
by renumbering Section 2 as Section 3, and
by inserting a new Section 2, to read as follows:
by inserting a new Section 2 to read as follows:
"Section 2. This act shall become effective July 1, 1971."

2788

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Atherton Ballard
Barber Bell Black Bohannon Bond Bostick Bowen Bray Brown, B. D.
Brown, C. Burruss Caldwell Games Cato Chandler Clarke Collier Collins, S. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dixon Dorminy Douglas Edwards Ellis

Evans Ezzard Fallin Felton Floyd, J. H. Floyd, L. R.
Gary Gignilliat Hargrett Harrington Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Joiner Jones, Herb
Jordan, G. Jordan, H. S.
Keyton Knapp Kreeger Lewis Marcus Matthews, D. R.
Maxwell McCracken McDaniell Melton
Merritt

Miles Miller Moate Moore Morris Mullinax Nunn Patterson Peterson Phillips, L. L. Phillips, W. R. Pickard Potts Roach Ross Rowland Rush Russell Salem Shepherd Sherman Simkins Simmons Smith, J. R. Sweat Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilson Winkles Wood

Those voting in the negative were Messrs.:

Adams Anderson Berry Brantley, H. L. Buck Busbee Gates Cole Colwell Cooper

Crowe Dean, N. Dickinson Dodson Egan Farrar Gaynor Geisinger Graves Gunter

Harris, J. F. Harris, R. W. Hawes Hutchinson Johnson Jones, C. M. Jones, M. Keen
Lane, W. J. Lee, W. S.

Leonard Levitas Lowrey Matthews, C.
Mauldin McClatchey Milford Murphy

MONDAY, MARCH 24, 1969
Nessmith Pafford Paris Parker, C. A. Peters Scarlett Shanahan Smith, V. T.

2789
Snow Sorrells Thomason Thompson, A. W. Toles Townsend Wilkerson Williams

Those not voting were Messrs.:

Barfield Battle Bennett Blalock Brantley, H. H. Brooks Collins, M.
Conner Farmer Funk
Grahl Hadaway

Hale Hamilton Harris, J. R. Knowles Lambert Lane, Dick Lee, W. J. (Bill)
Longino Mason Nash
Northcutt Odom

Parker, H. W. Phillips, G. S. Pinkston Poole Rainey Reaves Scarborough
Sims Vaughn Mr. Speaker

On the adoption of the amendment, the ayes were 106, nays 55.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amenrded, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle
Bell Berry Black Bohannon

Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee

Caldwell Carnes Gates Cato Chandler Cole Collier
Collins, M. Collins, S. Colwell Conger

2790
Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham
Hill, B. L.

JOURNAL OF THE HOUSE,

Hill, G. Holder Hood Horton Housley
Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.
Keen Keyton Knapp Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris

Mullinax Murphy Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pinkston Potts Roach Ross Rush Russell Salem Scarlett Shanahan Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Douglas Edwards Egan

Leonard Phillips, W. R. Rowland

Simmons Wheeler, Bobby Wheeler, J. A.

Those not voting were Messrs:

Barfield Bennett Blalock

Brantley, H. L. Clarke Farmer

Hadaway Hale Hamilton

Harris, J. R. Johnson
Lambert Lane, Dick Mason Nash

MONDAY, MARCH 24, 1969

2791

Nessmith Odom
Phillips, G. S. Pickard Poole Rainey

Reaves Scarborough
Shepherd Townsend Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 9.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration and read:

SB 173. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act so as to authorize the Director of Corrections to permit certain prisoners to leave their place of confinement for limited social visits; and for other purposes.

The following substitute, offered by Mr. Davis of the 86th, was read and adopted:
A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 477), an Act approved March 7, 1961 (Ga. Laws 1961, p. 127), an Act approved March 18, 1964 (Ga. Laws 1964, p. 489), an Act ap proved March 18, 1964 (Ga. Laws 1964, p. 495), an Act approved March 25, 1964 (Ga. Laws 1964, p. 734), and an Act approved April 12, 1968 (Ga. Laws 1968, p. 1399), so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confinement for limited social visits under certain conditions; to prescribe such condi tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Febraury 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by

2792

JOURNAL OP THE HOUSE,

an Act approved March 13, 1957 (Ga. Laws 1957, p. 477), an Act ap proved March 7, 1961 (Ga. Laws 1961, p. 127), an Act approved March 18, 1964 (Ga. Laws 1964, p. 489), an Act approved March 18, 1964 (Ga. Laws 1964, p. 495), an Act approved March 25, 1964 (Ga. Laws 1964, p. 734), and an Act approved April 12, 1968 (Ga. Laws 1968, p. 1399), is hereby amended by adding to the end of Section 13(b) the following:

"4. The Director of Corrections may extend the limits of the place of confinement of a prisoner for the purpose of authorizing him, under prescribed conditions, to visit, for not more than fortyeight (48) hours per month, such persons at such places as the Director shall find appropriate and suitable; provided, however, any such prisoner shall meet all of the following requirements: (1) that there is reasonable cause to believe he will honor his trust, (2) that he is serving the last year of his sentence or will become eli gible for parole within one year, (3) that he was not convicted of a crime punishable by death or that he was not convicted of the crime of rape, (4) that he is qualified to engage in employment or a training program pursuant to the provisions of Section 13(b)2 of this Act, and (5) that he is otherwise qualified pursuant to rules and regulations duly adopted by the Board of Corrections."

Section 2. All laws and parts of laws in confllict with this Act are hereby repealed.

The report of the Committee, which was favorable to the pasage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Atherton
Bell Berry Black Bohannon Bond Bray
Brown, B. D. Burruss Busbee
Chandler Clarke Collier
Collins, S. Connell
Cook

Cooper Crowe
Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent
Egan Ellis Farrar
Felton Geisinger Grahl
Graves Gunter
Harris, J. R.

Harris, R. W. Harrison
Hawes Henderson Hill, B. L. Horton Housley Hutchinson
Jones, Herb Jones, M. Jordan, G.
Keen Knapp Knowles
Kreeger Lambert
Lane, W. J.

Lee, W. S. Levitas Lewis Lowrey Matthews, C. Maxwell McClatchey McCracken McDaniell Merritt Miles Moore Murphy Nessmith Pafford

MONDAY, MARCH 24, 1969
Paris Parker, C. A. Parker, H. W. Patterson Phillips, L. L. Phillips, W. R. Piekard Potts Reaves Roach Rowland Scarborough Scarlett Shepherd Sherman

2793
Simkins Simmons Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R.
Toles
Westlake Wheeler, J. A. Wilkerson Williams Wilson

Those voting in the negative were Messrs.:

Adams Anderson Ballard Barfield Battle Bostick Bowen Buck Carnes Cato Cole Conger Dickinson Dorminy

Evans Pallin Floyd, L. R. Gignilliat Hargrett Hill, G. Holder Howell Hudson Joiner Jordan, H. S. Lane, Dick Lee, W. J. (Bill) Leonard

Longino Mauldin Milford Moate Mullinax Peters Ross Rush Salem Shanahan Smith, J. R. Ware Winkles

Those not voting were Messrs.:

Barber Bennett Blalock Brantley, H. H. Brantley, H. L. Brooks Brown, C. Caldwell Cates Collins, M.
Colwell Conner Daugherty DeLong Dixon Dodson Douglas Edwards Ezzard Farmer

Floyd, J. H. Funk Gary Gaynor Hadaway Hale Hamilton Harrington Harris, J. F. Higginbotham Hood Johnson Jones, C. M. Keyton Marcus Mason Matthews, D. R. Melton Miller Morris

Nash Northcutt Nunn Odom Peterson Phillips, G. S. Pinkston Poole Rainey Russell Sims Sweat Townsend Vaughn Wamble Whaley Wheeler, Bobby Wood Mr. Speaker

2794

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 94, nays 41.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Kreeger of the 117th requested that he be recorded as having voted for the passage of SB 173, by substitute.

The following communication from Mrs. Grace Hamilton, Representative of the 112th District, was received and read:
I want each of you to know how deeply I appreciate your thoughts, prayers and remembrances during my illness. I regret that I had to let go of committee responsibilities and presence in the House during the session. I am looking forward to working with all of you again when my health improves.
I am feeling much better and the Doctors have given me a good report. However, my activities will be curtailed for a few weeks yet.
Again, I appreciate all of you and the members of the State for your many courtesies.
MRS. GRACE HAMILTON

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

TUESDAY, MARCH 25, 1969

2795

Representative Hall, Atlanta, Georgia Tuesday, March 25, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Randolph Kowalski, Pastor, Reid Memorial Presbyterian Church, Augusta, Georgia:
"0 God, Ruler of all nations, Father of mankind, guide us aright. If ever we need the steadying power of an optimistic vision and the sup port of divine confidence, it is now!
"Be with these into whose hands the government of this State is entrusted. Keep their minds clear, their judgment keen, their hearts brave, and make their sense of justice unerring.
"Forgive us 0 God if we have remained silent when we should have spoken out clearly and boldly; if we have failed to do when we could have acted courageously and convincingly.
"Help us to make this a day of renewed dedication to that which is highest and noblest and best. In this time of dangerous uncertainty and painful confusion, make Thy will and Thy way clear to us.
"Give to all those in places of leadership in this nation, purity in motive, wisdom in judgment, and discretion in administration.
"As we seek mastery in nature and conquest in space, help us to attain righteousness in all human relationships and peace in all the world. Help us to become more and more 'a nation under God.'
"May those of this chamber feel upholding them in the right, the unflinching loyalty of the farmer, artisan, and businessman, the people of every calling who lovingly call this State their home.
"Whatever we do toward achieving the goals of this day, give us grace to do with all our might, so that Thy Kingdom may more fully come on earth.
"This prayer we offer in the name of Jesus Christ, our Lord,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

2796

JOURNAL OF THE HOUSE,

Mr. Rowland of the 42nd, Acting Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committe on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, March 25, 1969, and submits the following:
SB 12. Trial Judges, Practice of Law--PP. SB 13. Teachers, Allotment of (Reconsidered). SB 26. Justice and Judges, Salaries. SB 41. Insurance, Hospital Care. SB 54. Sheriffs Retirement Fund. SB 83. Circuit Probation Supervisors--PP. SR 83. Georgia Author's Week, Designate. SB 88. Contracts, Periods of Limitation of Actions. SR 95. Tax Exemption, Municipal Bonds. SR 96. Bill of Rights, Older Georgians. SB 126. Insurance Coverage, State Employees. SB 128. Board of Pardons and Paroles, Regulations.

TUESDAY, MARCH 25, 1969

2797

SB 150. Bonds Required of Contractors. SB 164. Marriage License, Additional Copies. SB 171. Criminal Cases, Defendants Incarceration. SB 202. Banking Laws, Regulating to Private Banks. SB 215. Civil Cases, Post-Trial Procedures. SB 246. Georgia Laws, Secretary of State. SB 263. Institute for Research in Bio-Technology. SB 277. Archives and History, Records. SB 279. Securities, Issuance of, Registration.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of the 61st,
Vice-Chairman.

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee on State of Republic:

HB 1023. By Mr. Bohannon of the 20th:
A Bill to be entitled an Act to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely because she is the wife of a serviceman; to re peal conflicting laws; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1020. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Collins of the 72nd, Jordan of the 74th, Levitas and Farrar of the 77th:
A Bill to be entitled an Act to authorize the governing authority of all counties with populations of not more than 500,000, to set and determine the compensation of the Chairman and members of the said governing authority, but to prohibit such change in compensation taking effect until the next term of office when all the members and Chairman are serving new terms of office; and for other purposes.

2798

JOURNAL OF THE HOUSE,

HB 1021. By Messrs. Paris of the 14th, Barber of the 15th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act providing for compensa tion by the State to persons who sustained personal injury, property damage, etc. approved April 18, 1967 (Ga. L. 1967, p. 712), so as to change the time within which such claims may be filed with the Claims Advisory Board; and for other purposes.

HB 1022. By Messrs. Evans of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 114-501, relating to the payment of medical, surgical, hospital and other treatment, so as to change the amount to be provided by the employer for said treatment; and for other purposes.

SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd, and Reeder of the 55th:
A Resolution requesting that the Governing Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the payment of ex penses; and for other purposes.

SB 259. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Commissioners of Fannin County to consist of a Chairman and two members; and for other purposes.

SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th, and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act fixing the salaries of the Judges of the Superior Courts, so as to provide that the governing au thorities of counties having a population of 500,000 or more, may revise, modify, or decrease the amount of any supplement to the salary of such Judges, authorized by any local or general law or amendment to the Con stitution, whenever the basic salaries of Judges of the Superior Court have been modified or increased by the General Assembly of Georgia, or other benefits in the form of allowances have been increased; and for other purposes.
SB 284. By Senator London of the 50th:
A Bill to be entitled an Act to provide a new charter for the City of Helen; and for other purposes.

TUESDAY, MARCH 25, 1969

2799

SR 138. By Senators Holloway of the 12th, McGill of the 24th, Smith of the 34th and others:
A Resolution creating the Coastal Marshlands Study Committee; and for other purposes.

SB 233. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pannin County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 275. Do Pass. SB 20. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 14. Do Pass By Substitute. SB 250. Do Pass.
Respectfully submitted, Harris of the 77th, Chairman.

2800

JOURNAL OF THE HOUSE,

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following: Bill and Eesolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 191. Do Pass As Amended. HR 386. Do Pass. HR 392. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SR 107. Do Pass. Respectfully submitted, Busbee of the 61st, Vice-Chairman.
Mr. McClatchey of the 113th, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 101. Do Pass By Substitute. Respectfully submitted, McClatchey of the 113th, Chairman.

TUESDAY, MARCH 25, 1969

2801

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Resolutions of the House and Senate and has instructed me asChairman, to report the same back to the House with the following recom mendations:
SR 102. Do Pass As Amended. HR 360. Do Pass. HR 391. Do Pass. HR 399. Do Pass. SR 104. Do Pass. SR 106. Do Pass. SR 108. Do Pass. SR 123. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolution of the Senate and has instructed me as Chairman, to re port the same back to the House with the following recommendations:
SB 181. Do Pass. SR 117. Do Pass. SB 62. Do Pass.
Respectfully submitted, McCracken of the 36th, Chairman.

2802

JOURNAL OP THE HOUSE,

Mr. Melton of the 42nd, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 394. Do Pass. HR 395. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

SB 232. By Senator London of the 50th: A Bill to be entitled an Act to create a Board of Commissioners of Rabun County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 236. By Senator London of the 50th: A Bill to be entitled an Act to consolidate the office of tax receiver a tax collector of Pannin County into the office of tax commissioner of Pannin County; to provide for a referendum; and for other purposes.
The following Committee amendment was read and adopted: The Committee on Local Affairs moves to amend SB 236 as follows:

TUESDAY, MARCH 25, 1969

2803

By striking from Section 3 the figure "$4,200," and inserting in lieu thereof the figure "$8,000,".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 191. By Senator Bateman of the 27th: A Bill to be entitled an Act to provide that the salary of each of the judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; and for other purposes.
The following Committee amendments were read and adopted:
The Committee on Local Affairs moves to amend SB 191 by adding the following language after the last sentence of Section 1:
"Nothing in this Bill or Act will be construed to reduce the present salary of the Superor Court Judges of the Macon Judicial Circuit below their present salary of $25,000 and if the State salary increase does not go into effect, then the respective counties by local supplement in the same proportion as in this Bill or Act shall supply a sufficient supple ment to maintain a salary level of $25,000.".
The Committee on Local Affairs moves to amend SB 191 by striking Section 3 of said Bill in its entirety and substituting the following:
"Section 3. This Act is to take effect on July 1, 1969 which is the date that the State salary increase for Superior Court Judges takes effect.".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.

2804

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, -as amended.

The following message was received from the Senate through Mr. Mc"Whorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others: A Bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
The President has appointed on the part of the Senate the following Senators:
Hardy of the 56th, Bateman of the 27th, and Chapman of the 32nd.
The Senate has adopted by the requisite constitutional majority the following Besolution of the House, to-wit:
HR 376. By Messrs. Brown and Melton of the 32nd, Matthews and Farmer of the 16th: A Resolution commending the Honorable John Eldridge Drewry, Dean of the Henry W. Grady School of Journalism, University of Georgia; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 855. By Mr. Lewis of the 37th: A Bill to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

TUESDAY, MARCH 25, 1969

280&

HB 108. By Mr. Adams of the 100th:
A Bill to provide for increased pension benefits for policemen and fire men, widows and minor children of the same in certain counties (popu lation in excess of 300,000); and for other purposes.

HB 820. By Mr. Pafford of the 64th:
A Bill to abolish the present mode of compensating the Clerk of theSuperior Court of Atkinson County, known as the fee system; and for other purposes.

HB 821. By Mr. Pafford of the 64th:
A Bill to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to change the compensation of the sheriff; and for other purposes.

HB 836. By Mr. Pafford of the 64th: A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson (now Atkinson County Com mission), so as to change the compensation of the said commissioners j and for other purposes.
HB 860. By Mr. Phillips of the 38th: A Bill to amend an Act placing the sheriff of Harris County on a salarysystem in lieu of a fee system, so as to provide that the number of dep uties shall not be increased or decreased unless such increase or de crease is approved by the sheriff and the governing authority of Harris County, and for other purposes.
HB 889. By Messrs. Longino of the 98th, Horton, Cook and Hawes of the 95th,. and Lane of the 101st: A Bill to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat po sitions; to establish the hours that polls shall be open so as to conform to the State Laws; and for other purposes.
HB 970. By Messrs. Cato and Conger of the 68th: A Bill amending, consolidating and superseding the several Acts incor porating the City of Colquitt, and creating a new Charter and municipal government for said corporation, so as to change the salaries of the mayor and councilmen thereof; and for other purposes.

2806

JOURNAL OF THE HOUSE,

HB 972. By Messrs. Mason and Nash of the 13th:
A Bill authorizing Gwinnett County and the governing authorities there of to establish and administer a sewer and water system and to levy assessments thereof; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.

HB 973, By Messrs. Mason and Nash of the 13th:
A Bill to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purposes.

HB 974. By Messrs. Mason and Nash of the 13th:
A Bill to authorize Gwinnett County and the governing authority thereof to appoint a Merit System Board; and for other purposes.

HB 978. By Messrs. Poole, Roach and Harris of the 10th: A Bill to create the Pickens County Water and Sewer Authority; and for other purposes.
HB 979. By Messrs, Poole, Roach and Harris of the 10th: A Bill to provide for appointment of the Pickens County School Super intendent by the Board of Education of Piekens County; and for other purposes.
HB 980. By Messrs. Poole, Roach and Harris of the 10th: A Bill to create the Tate Water and Sewer Authority; and for other purposes.
HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th: A Bill to change the terms of the Superior Courts of the Piedmont Ju dicial Circuit; and for other purposes.
HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th: A Bill to amend an Act creating a new Charter for the City of Newnan, so as to increase the corporate limits; and for other purposes.

TUESDAY, MARCH 25, 1969

2807

HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A Bill to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.

HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to amend an Act incorporating and granting a charter to the City of Lula, so as to authorize the mayor and council to fix the compensa tion of officers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes.

HB 991. By Messrs. Holder and Anderson of the 49th:
A Bill to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commissioner of Telfair County; and for other purposes.

HB 994. By Mr. Colwell of the 5th: A Bill to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compensation and method of fix ing the compensation of the sheriff; and for other purposes.
HB 997. By Mr. Ballard of the 23rd: A Bill to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th: A Bill to amend an Act known as the "Revenue Tax Act to Legallize and Control Alcoholic Beverages and Liquors", so as to provide that li censes for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the pro hibitions of said Act; and for other purposes.
HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th: A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to delete the population requirements in Section 31(a); and for other purposes.

2808

JOURNAL OF THE HOUSE,

The Senate has adopted the report of the Committee of Conference on the following Bills of the House, to-wit:

HB 207. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.

HB 210. By Mr. Conner of the 56th:
A Bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others:
A Bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; and for other purposes.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bills of the House, to-wit:

HB 253. By Mr. Shanahan of the 8th:
A Bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.
The President has appointed on the part of the Senate the following Senators: Fincher of the 51st, Kidd of the 25th, and London of the 50th:

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, and Lambert of the 25th and others:
A Bill to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The President has appointed on the part of the Senate the following Senators: Walling of the 42nd, Pennington of the 45th, and Zipperer of the 3rd.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

TUESDAY, MARCH 25, 1969

2809

SB 61. By Senator Holley of the 22nd:
A Bill to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties; to provide for the continuation of said previous inclusion; and for other purposes.

The Senate insists on its amendment to the following Bill of the House, to-wit:

BB 407. By Messrs. Bennett, Reaves, and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th: A Bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 405. By Messrs. Smith of the 43rd, Busbee of the 61st, Lambert of the 25th, and Lee of the 61st: A Resolution relative to adjournment; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th, and Adams of the 26th: A Bill to amend an Act authorizing the operation of vending stands in State Buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property"; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A Bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.

2810

JOURNAL OF THE HOUSE,

Mr. Harris of the 77th asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Judiciary and recommitted to the Committee on Welfare:

SB 93. By Senator Chapman of the 32nd: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles", and for other pur poses.
The consent was granted and SB 93 was withdrawn from the Committee on Judiciary and recommitted to the Committee on Welfare.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Industrial Relations:

HB 1022. By Messrs. Evans of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 114-501 so as to change the amount to be provided by the employer for medical and other treatment; and for other purposes.

The following Resolution of the House was read and referred to he Com mittee on Education:

HR 428. By Messrs. Collins of the 72nd, Floyd of the 75th, and others:
A RESOLUTION
Creating the Committee to Study Industrial Arts in the Public Schools; and for other purposes.
WHEREAS, our modern industrialized society is characterized by a high degree of technology; and
WHEREAS, industrial arts is that part of general education that pertains to industry, its materials, methods, processes and their so ciological impact; and
WHEREAS, the State of Georgia is rapidly shifting from a pre dominately urban society with a technological orientation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to

TUESDAY, MARCH 25, 1969

2811

Study Industrial Arts in the Public Schools of Georgia, to be composed of five members of the House selected by the Speaker.

The Committee shall study the makeup of courses in industrial arts to see whether such courses would be appropriate for all the schools of this State.

The members of the Committee shall receive the expense and al lowances authorized to legislative members of interim study commit tees, but for no longer than 10 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 965. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act so as to extend the cor porate limits of the City of Warner Robins, and for other purposes.

The following Senate Amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 965, as follows:
By striking from the quoted portion of Section 1, the following:
"thence extend in a southerly direction along the West line of Bateman Road to the South line of Land Lot 150, said distance being 3,275';",
and inserting in lieu thereof the following:
"thence extend in a southerly direction along the East line of Bateman Road to the South line of Land Lot 150, said distance being 3,725';".
And, by striking from Section 2 the following:
"in Section 2".
Mr. Peterson of the 41st moved that the House agree to the Senate amendment.

2812

JOURNAL OP THE HOUSE,

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 965 was agreed to.

HB 855. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to reincorporate the Town of Sardis in theCounty of Burke, and for other purposes.

the following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves toamend HB 855 as follows:
By adding a new Section between Sections 5.10 and 5.11, to be des ignated as Section 5.10A, which shall read as follows:
"Section 5.10A. The provisions of Sections 5.08, 5.09 and 5.10are to be implemented only when the Mayor and Council, by proper ordinance or resolution, so declare. Until such time, the voters of the City of Sardis shall continue to register with the County Reg istrar, as in the past, and the registration list for said city (64th militia district) shall be the official voters' registration list of said city, and the voters registered with the County Registrar as resi dents of the 64th militia district shall be entitled to vote in all elections if they are otherwise qualified. The aforesaid list may be added to or purged or otherwise changed in accordance with law. In the event the Mayor and Council implement the provisions of Sections 5.08, 5.09 and 5.10, this Section shall be null and void."
And by striking from subsection (a) of Section 6.02 the following:
", and shall be a qualified voter in Sardis, and Burke County, and shall have resided therein at least five years immediately pre ceding his election.",
and inserting in lieu thereof the following:
"and shall be a qualified voter in Burke County."
And by adding to the end of subsection (a) of Section 6.02 the following:
"The Mayor may appoint himself or any of the Council to serve as recorder, or anyone else possessing the qualifications set forth in subsection (a) of Section 6.02."

TUESDAY, MARCH 25, 1969

2813

And by striking from Section 6.03 the following:

"one hundred dollars ($100.00)"

and inserting in lieu thereof the following:

"two hundred dollars ($200.00) for each offense"

Mr. Lewis of the 37th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 855 was agreed to.

The following Resolutions of the House were read and adopted:

:HR 360. By Messrs. Higginbotham of the 75th, Colwell of the 5th, Chandler of the 34th and Sims of the 106th:
A RESOLUTION
Creating the Juvenile Offenders Facilities Study Committee; and for other purposes.
WHEREAS, it has come to the attention of members of the House of Representatives that the property known as the Old Veterans' Hos pital, formerly the United States Veterans' Hospital Number 48, located on Peachtree Road in DeKalb County, Georgia has been declared surplus by the Federal government; and
WHEREAS, said hospital is now under the jurisdiction of the Gen eral Services Administration; and
WHEREAS, the State of Georgia could use said facility to good .advantage as a juvenile offenders correctional and educational institu tion; and
WHEREAS, said facility could be obtained by the State for educa tional, health or welfare purposes at no cost.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Juvenile Of fenders Facilities Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall study all matters relating to the feasibility of the

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JOURNAL OF THE HOUSE,
State of Georgia acquiring the old Veterans' Hospital on Peachtree Road in DeKalb County, Georgia for the purpose of using said facility as a juvenile offenders correctional and educational institution.
BE IT FURTHER RESOLVED that the members of said Commit tee shall be authorized to meet for such number of days as the Speaker of the House shall designate. Each member of said Committee shall re ceive the expense, mileage and travel allowances provided by law for members of legislative interim committees. Any funds necessary to carry out this Resolution shall come from funds appropriated or other wise available to the legislative branch of government.
BE IT FURTHER RESOLVED that said Committee shall make a report of its findings and recommendations on or before the 1970 reg ular session of the General Assembly is convened, on which date the Committee shall stand abolished.

HR 364. By Mr. Levitas of the 77th:
A RESOLUTION
Creating the Department of Community Affairs Study Committee* and for other purposes.
WHEREAS, for the last several years the trend has been toward major shifts of the population within the boundaries of the State of Georgia; and
WHEREAS, for the last several years, the population of the State has been radically increased due to the influx of residents from outside the boundaries of the State of Georgia; and
WHEREAS, it is anticipated that similar alterations and increasea in the State's population shall continue at an accelerated rate in the future; and
WHEREAS, the aforementioned changes and anticipated changes create a multitude of new problems to which the State and the local governments, urban, suburban and rural, must address themselves; and
WHEREAS, to speedily and effectively consider and solve these urgent human, social and economic problems, the State and the local governments, communities and civic organizations will require profes sional and technical direction and assistance and
WHEREAS, the State has an obligation and responsibility to render this assistance to the communities; and
WHEREAS, in this present session of the General Assembly, House Bill 57 has been introduced which would create within State Govern ment a department specifically designed to act in this manner.

TUESDAY, MARCH 25, 1969

2815

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Department of Community Affairs Study Committee", to be composed of five members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive investigation into the advisabil ity of creating a Department of Community Affairs as a separate and distinct department of State government, and they shall specifically conduct a study of House Bill 57. The Committee shall be authorized to meet for a period not in excess of ten days. The Committee shall make a report of its findings and recommendations to the 1970 Georgia General Assembly, at which time it shall stand abolished. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim study com mittees.

HR 387. By Mr. Wheeler of the 18th:
A RESOLUTION
Creating the Ophthalmic Advertising Study Committee and for other purposes.
WHEREAS, a number of persons, firms and corporations have been advertising the price and quality of prescribed ophthalmic materials, prescription lens, mountings, frames and contact lens; and
WHEREAS, a bill was introduced during the 1969 Session of the General Assembly to prohibit this practice; and
WHEREAS, the bill failed to pass but it is still pending; and
WHEREAS, it is the desire of the members of this body to conduct a study of this situation and to make recommendations to the 1970 Session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Ophthalmic Ad vertising Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to study HB 650 and to review the situation in Georgia relating to advertising of oph thalmic devices and the laws of other states relating to the advertising of ophthalmic devices. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which are necessary or convenient to enable it to fully and effectively exercise its powers, perform its du ties and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than 10 days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The com-

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JOURNAL OF THE HOUSE,

mittee shall make a report of its findings, recommendations and sug gestions for additional legislation, if any, to the 1970 Session of the General Assembly, at which time the committee shall stand abolished.

HR 391. By Mr. Jordan of the 74th:
A RESOLUTION
Creating the Battey State Hospital Study Committee; and for other purposes.
WHEREAS, Battey State Hospital is the State institution which is maintained for the treatment of tubercular patients and
WHEREAS, large sums of money are appropriated and expended for the maintenance and operation of this hospital; and
WHEREAS, it behooves the members of this body to obtain in formation relative to the cost per patient at Battey State Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Battey State Hospital Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee shall study all phasea of the operation of Battey State Hospital including, but not limited to,, the cost per patient and all other related matters. The members of the Committee shall receive the allowances authorized for legislative mem bers of interim legislative committees but shall received the same for not more than ten days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and avail able to the legislative branch of government. The committee shall make a report of its findings and recommendations on or before December lr 1969, on which date the committee shall stand abolished.

HR 396. By Messrs. McClatchey of the 113th, Moore of the 6th, Leonard and Smith of the 3rd, Barber of the 15th and others:
A RESOLUTION
Creating the "Code of Ethics Study Committee"; and for other purposes.
WHEREAS, it is essential to the proper operation of democratic government that public officials be independent and impartial and that governmental decisions and policy be made in the proper channels of the governmental structure; and
WHEREAS, there should be public confidence in the integrity of government; and

TUESDAY, MARCH 25, 1969

2817

WHEREAS, public office should not be used for private gain other than the remuneration provided by law; and

WHEREAS, the public interest requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and governmental em ployees in situations where conflicts exist; and

WHEREAS, it is also essential to the proper operation of govern ment that those persons best qualified be encouraged to serve the gov ernment; and

WHEREAS, accordingly, legal safeguards against conflicts of in terest must be so designed as not unnecessarily or unreasonably to im pede the recruitment and retention by the government of those men and women who are best qualified to serve it; and

WHEREAS, elected officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, except where conflicts with the responsi bility of such elected officials and employees to the public cannot be avoided; and

WHEREAS, Codes of Ethics are presently being studied in 25 states, and there is an interest in creating a Code of Ethics for govern mental officials and employees of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES OF GEORGIA that there is hereby created the "Code of Ethics Study Committee" to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House.

The Committee shall study all matters relative to providing a Code of Ethics for officers and employees of the State of Georgia, and to recommend such legislation as it deems necessary. The Committee shall meet and work with any corresponding committee set up by the State Senate for the purpose of studying a Code of Ethics.

The Committee shall state its findings and conclusions in a report to the House of Representatives on or before December 31, 1969, at which time the Committee shall stand abolished.

The members of the committee shall receive the expenses and al lowances which are authorized to legislative members of interim com mittees, but for no longer than ten days unless an extension is granted by the Speaker of the House, from funds appropriated to or available to the Legislative Branch of the Government.

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HR 398. By Messrs. Dean of the 76th and Hargrett of the 58th and Mrs. Merritt of the 46th:

A RESOLUTION

Creating the Hunger and Malnutrition Study Committee; and for other purposes.

WHEREAS, there is substantial evidence that a certain amount of hunger and malnutrition exists among some citizens of our State, par ticularly among the children; and

WHEREAS, during this period of unprecedented abundance, there is no reasonable justification for such hunger and malnutrition exist ing; and

WHEREAS, the General Assembly is in need of adequate informa tion so that appropriate action may be taken to eliminate the hunger and malnutrition problems.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Hunger and Malnutrition Study Committee. The committee shall be composed of ten members of the House of Representatives to be appointed by the Speaker thereof. The committee shall be authorized to study all aspects of the hunger and malnutrition problem. All departments of State gov ernment shall make available to the committee, their records, statistics and other information upon request of the committee and shall render any assistance to the committee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent wtih this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly at which time it shall stand
abolished.

HR 399. By Messrs. Nessmith of the 44th, McDaniell and Burruss of the 117th:
A RESOLUTION
Creating the Black Rock State Park Study Committee; and for other purposes.
WHEREAS, there has been generated an interest and concern in the future development of the Black Rock State Park facility; and

TUESDAY, MARCH 25, 1969

2819

WHEREAS, it is advisable that the General Assembly be kept abreast of these proposals and the advisability thereof.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Black Rock State Park Study Committee", to be composed of those members of the House comprising the Recreational Facilities Subcommittee of the State Institutions and Property Committee of the House of Representatives. The Committee shall make a thorough and exhaustive study into the proposals relative to the future development of the Black Rock State Park and shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The Committee shall be authorized to meet for a period not in excess of ten days. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative study committees.

HR 401. By Messrs. Dean of the 76th, Thomason of the 77th, Bond of the lllth and others:
A RESOLUTION
Creating the Illiteracy Study Committee; and for other purposes.
WHEREAS, the State of Georgia currently has the highest school drop-out rate in the country which contributes to ward a continuation of a high level of illiteracy; and
WHEREAS, the relatively high level of illiteracy in Georgia causes many social and economic problems; and
WHEREAS, the population continues to shift from rural to urban areas, and many of the people coming to the urban areas are functional illiterates who are not able to find gainful employment or successfully adjust to the pressures of urban life; and
WHEREAS, these factors contribute to the many problems that beset the urban areas of our State and particularly the core cities of these urban areas; and
WHEREAS, a thorough study should be made of the causes of the high number of school drop-outs and its relationship to illiteracy; and
WHEREAS, methods should also be found to help those members of our society who are seriously handicapped by being functionally illiterate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Illiteracy Study Committee to be composed of 10 members of the House of Representa tives to be appointed by the Speaker of the House. Said Committee shall

2820

JOURNAL OF THE HOUSE,

make a thorough study of all matters relating to the problem of school drop-outs and illiteracy. All departments and agencies of the State government shall assist the Committee in completing its study, and private organizations and political subdivisions are hereby requested and urged to cooperate with the Committee by supplying information and other assistance which the Committee may request in carrying out the purposes of this Resolution.

BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Com mittee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to re ceive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds necessary to carry out the provisions of this Resolu tion shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legisla tion that may be recommended by the Committee.

HR 404. By Messrs, Johnson of the 29th, Anderson of the 49th, Adams of the 100th, Cole of the 3rd, Harris of the 10th, Smith of the 39th and Wil liams of the llth:
A RESOLUTION
Creating the Motor Vehicle Department Study Committee; and for other purposes.
WHEREAS, there are several State departments which have juris diction over various aspects of the operation of motor vehicles over the public streets and highways of this State; and
WHEREAS, there has been an interim study committee created in the past which has studied the feasibility of placing all aspects of the operation of motor vehicles under a "State Motor Vehicle Depart ment"; and
WHEREAS, due to the complexity of the problem, the previous interim study committee was unable to complete its work, and it is nec essary that a new committee be created to continue to study the feasi bility of creating a Motor Vehicle Department.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Motor Vehicle Department Study Committee. The committee shall be composed of such

TUESDAY, MARCH 25, 1969

2821

members of the House of Representatives to be appointed by the Speak er thereof. The committee shall be authorized to study all matters re lating to the feasibility of creating a Motor Vehicle Department for the State of Georgia. All departments of State government shall make available to the committee their records, statistics and other informa tion upon request of the committee and shall render any assistance to the committee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequate exercise its powers, per form its duties and accomplish the objectives and purposes of this Reso lution. Each member of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than the number of days deter mined by the Speaker. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.

HR 429. By Mr. Brown of the 110th:
A RESOLUTION
Congratulating the Eva Thomas High School "Bearcats" basketball team; and for other purposes.
WHEREAS, the Eva Thomas High School "Bearcats" basketball team won the Region 6, Class B Championship and the Class B State Championship for the recently completed basketball season; and
WHEREAS, the "Bearcats" compiled the remarkable record of 17 wins against 1 loss during regular season play; and
WHEREAS, the "Bearcats" won the class B Championship although it was their first year as competitors in the Georgia High School Asso ciation; and
WHEREAS, the "Bearcats" were under the great leadership and skill of Coach Donald Dollar while establishing their outstanding record and winning the championship; and
WHEREAS, the members of the "Bearcats" team are as follows:
Michael Broomhead Bobby Cheely Charles Dill Donald Goodson Sherman Harp Oliver Milner Ernest Rainey Melvin Sloan Robert Smith Leon Washington

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby con gratulate Coach Donald Dollar and each member of the Eva Thomas High School "Bearcats" basketball team for their outstanding record and for winning the Region 6, Class B Championship and State Class B Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Coach Donald Dollar for presentation to the Eva Thomas High School "Bearcats" basketball team and to Mr. William Gilbert, Principal, Eva Thomas High School, Fulton County School System.

HR 430. By Messrs. Geisinger and Collins of the 72nd, Floyd, Westlake, Higginbotham and Davis of the 75th and others:
A RESOLUTION
Commending the Sequoyah High School Gymnastics Team and Coach Robert E. Nowell, Jr.; and for other purposes.
WHEREAS, the Sequoyah High School Gymnastics Team recently won the State Gymnastics Championship by out-pointing Woodward Academy 144.69 points to 137.02 points; and
WHEREAS, in addition to winning the State Championship, the team had an excellent season record, winning ten meets and losing only one; and
WHEREAS, over the past two seasons, the team had a twentythree consecutive meet winning streak, before suffering a loss; and
WHEREAS, these feats can only be attributed to the spirit, de termination, drive and pride of the members of the Sequoyah High School Gymnastics Team, and the excellent leadership and coaching of Coach Robert E. Nowell, Jr.; and
WHEREAS, the members of the team are Chuck Bremberg, Cap tain, Dale Cutler, Michael Gilreath, James Ladewig, Mark Moffit, Daniel O'Brien, Joel Provano, Randy Ramo, and Michael Wehunt.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Se quoyah High School Gymnastics Team and Coach Robert E. Nowell, Jr., for winning the State Gymnastics Championship.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Sequoyah High School, Coach Robert E. Nowell, Jr., and every member of the Sequoyah High School Gymnastics Team.

TUESDAY, MARCH 25, 1969

2823

HR 431. By Messrs. Anderson and Holder of the 49th:

A RESOLUTION

Commending the mayor and aldermen and the citizens of the City of Cochran on their city's 100 Anniversary and for other purposes.

WHEREAS, the City of Cochran was incorporated by an Act (Ga. Laws 1869, p. 75) of the General Assembly of Georgia, approved March
19, 1869; and

WHEREAS, at the time of its incorporation, Cochran was in Pulaski County, and it is now the county seat of Bleckley County; and

WHEREAS, the year 1969 marks the 100th Anniversary of the City of Cochran, and the citizens of Cochran are planning to hold a centennial celebration to commemorate this memorable occasion; and

WHEREAS, from its early existence to the present, Cochran has been a progressive, forward-moving city located near the center of the State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the mayor and aldermen and the citizens of the City of Cochran on their city's 100th Anniversary.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Reso lution to the mayor and aldermen of the City of Cochran.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 428. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

The following Resolution of the House was read and adopted:

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JOURNAL OF THE HOUSE,

HR 428. By Messrs. Collins of the 72nd, Floyd of the 75th, and others:

A RESOLUTION

Creating the Committee to Study Industrial Arts in the Public School; and for other purposes.

WHEREAS, our modern industrialized society is characterized by a high degree of technology; and

WHEREAS, industrial arts is that part of general education that pertains to industry, its materials, methods, processes and their soci ological impact; and

WHEREAS, the State of Georgia is rapidly shifting from a pre dominately rural to a predominately urban society with a technological orientation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to Study Industrial Arts in the Public Schools of Georgia, to be composed of five members of the House selected by the Speaker.

The Committee shall study the makeup of courses in industrial arts to see whether such courses would be appropriate for all the schools of this State.

The members of the Committee shall receive the expenses and al lowances authorized to legislative members of interim study commit tees, but for no longer than 10 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

The following resolutions of the House were read and referred to the com mittees:

HR 432. By Messrs. Housley, Henderson and Wilson of the 117th and Barber of the 15th:
A RESOLUTION
Creating the "Project Success" Study Committee; and for other purposes.
WHEREAS, there is presently a project being administered in Cobb County school system which project is known as "Project Success"; and

TUESDAY, MARCH 25, 1969

2825

WHEREAS, the project is designed to detect physical and psycho logical problems which if not treated may prevent a school child from reaching his full educational potential and also to aid teachers and administrators in designing an educational program for each individual
child so as to insure that each child will progress according to his full ability; and

WHEREAS, "Project Success" has, from all accounts, been suc cessful; and

WHEREAS, the project has such promise and potential as a student dropout deterrent that it would be worth the time and energy needed to study it to see whether it should be expanded to include all the school systems of the State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Project Suc cess" Study Committee, to be composed of five members of the House chosen by the Speaker.

The Committee shall study and observe the "Project Success" cur rently being administered in Cobb County to see whether the project merits being extended to all the school systems of the State.

The Committee shall prepare a report of its findings and reocmmendations, which report shall be submitted to the Clerk of the House for printing on or before December 1, 1969, at which time the Com mittee shall stand abolished.

The members of the Committee shall receive such expenses and allowances as are authorized to members of interim legislative com mittees, but for no longer than 15 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

Referred to the Committee on Education.

HR 433. By Messrs. Connell of the 79th and Busbee of the 61st:
A RESOLUTION
Creating the Sales Tax Exemption Study Committee; and for other purposes.
WHEREAS, since the adoption of the general sales tax by the State of Georgia in 1951, there have been numerous exemptions granted from the sales and use tax; and

2826

JOURNAL OF THE HOUSE,

WHEREAS, it is desirable to review the sales tax exemption policy of the State of Georgia in order to determine the overall effect upon revenue collections of such exemptions, and, at the same time, to pre serve the obvious advantages derived from the exemption of certain items from such taxation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created a Sales Tax Exemp tion Study Committee to be composed of five members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the present exemptions being granted from the sales and use tax and to the overall effect upon reve nue collections created by said exemptions and shall review, in general the State's policy insofar as tax exemptions are concerned. The Com mittee shall be authorized to meet for a period not in excess of ten days. The members of the Committee shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative study committees. The Committee shall make a report of its findings and recommendations to the 1970 session of the General As sembly at which time it shall stand abolished.

Referred to the Committee on Ways and Means.

HR 434. By Messrs. Housley, Wilson and Henderson of the 117th and Barber of the 15th:
A RESOLUTION
Creating the Teacher Certification Reciprocity Agreement Study Committee; and for other purposes.
WHEREAS, some school teachers who are qualified to teach in other states are not permitted to teach in Georgia unless certain time consuming and, perhaps, needless steps are first taken; and
WHEREAS, the State of Georgia is in need of qualified teachers; and
WHEREAS, it would be a worthwhile use of legislators' time and energies if a study were made to determine the feasibility of legis latively providing for reciprocity, for teacher certification, with the various other states.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Teacher Certifi cation Reciprocity Agreement Study Committee, to be composed of ten members of the House of Representatives, chosen by the Speaker.
The Committee shall determine the feasibility of and the need for legislation designed to provide for reciprocity, for teacher certification, with the various other states.

TUESDAY, MARCH 25, 1969

2827

The Committee shall prepare a report of its findings and recom mendations, which shall be submitted to the Clerk of the House for printing, on or before December 1, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive the expenses and al lowances authorized to members of interim legislative committees, but for no longer than 15 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the legislative branch of the State government.

Referred to the Committee on Education.

HR 435. By Messrs. Chandler of the 34th and Pafford of the 64th:
A RESOLUTION
Creating the Standard Architectural Plans Study Committee; and for other purposes.
WHEREAS, a number of bills have been introduced at the 1969 Session authorizing and directing several of the major public corpora tions of this State to adopt standard architectural plans; and
WHEREAS, the purpose of these bills was to save substantial amounts of money in architectural fees in connection with buildings that may be constructed for said public corporations in the future; and
WHEREAS, a thorough study should be made concerning the feasi bility and advisability of adopting such proposals before final action is taken.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created Standard Archi tectural Plans Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall make a thorough study of all matters relating to the feasibility and advisability of adopting laws requiring public cor porations and other State agencies to adopt standard architectural plans in connection with buildings to be constructed for such public corporations and State agencies.
BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Com mittee to efectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to re ceive the expenses and allowances provided by law for members of

2828

JOURNAL OF THE HOUSE,

legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legisla tion that may be recommended by the Committee.

Referred to the Committee on State Institutions and Property.

HR 436. By Mr. Rainey of the 47th:
A RESOLUTION
Creating the Game and Fish Revenues Study Committee; and for other purposes.
WHEREAS, at each session of the General Assembly bills are in troduced revising the license fees and affecting other sources of rev enue of the State Game and Fish Commission; and
WHEREAS, a thorough study should be made of such license fees and other sources of revenue; and
WHEREAS, such study should determine the extent to which the Game and Fish Commission is self-sustaining from the license fees and other revenues prescribed by the Commission and the laws relating to game and fish, and comparisons should be made in this connection with our neighboring states; and
WHEREAS, such study should also include an analysis of such license fees and other sources of revenue as they relate to the use of game and fish resources by citizens of and visitors to our State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Game and Fish Revenues Study Committee to be composed of the Chairman of the Game and Fish Committee and four other members of said Committee to be appointed by the Speaker of the House. Said Committee shall make a thorough study of all matters relating to license fees and other revenues of the State Game and Fish Commission and the laws, rules and regulations related thereto. Said Committee shall be authorized to work in cooperation with any similar committees of the State Senate.
BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for not more than fifteen days in carrying out its duties and responsibilities under this Resolution. Each member

TUESDAY, MARCH 25, 1969

2829

of the Committee shall be authorized to receive the expenses and allow ances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on whichh date the Committee shall stand abolished. Such report may be accomplished by any proposed leg islation that may be recommended by the Committee.

Referred to the Committee on Game and Pish.

HR 437. By Messrs. Cook, Felton and Hawes of the 95th, Lee and Gary of the 21st and many others:
A RESOLUTION
Creating a Metropolitan Youth Study Council for the five (5) coun ty Atlanta Metropolitan Area; and for other purposes.
WHEREAS, the problems and needs of our youth are common to the five county Atlanta Metropolitan Area; and
WHEREAS, the efforts of various public and private groups and organizations devoted to youth development and control of juvenile delinquency in the metropolitan area are pursued with limited coordi nation; and
WHEREAS, such existing efforts to help and serve the youth of our metropolitan community receive inadequate support in the form of funds, materials, supplies, and services from both public and private agencies; and
WHEREAS, there is a need for a thorough study of all matters relating to the establishment of a children and youth service council, the purpose of which shall be child development and the prevention and control of juvenile delinquency and the coordination of such efforts in the five county Atlanta metropolitan area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Metropolitan Youth Study Council for the five county Atlanta metropolitan area to be com posed of ten (10) members of the House of Representatives to be ap pointed by the Speaker of the House. Said committee shall make a thor ough study of all matters relating to the establishment of a metro politan youth study council devoted to youth development and control of juvenile delinquency in the five (5) county Atlanta metropolitan area.

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JOURNAL OP THE HOUSE,

BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Com mittee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to re ceive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a re port of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legisla tion that may be recommended by the Committee.

Referred to the Committee on Local Affairs.

HR 438. By Messrs. Matthews and Farmer of the 16th, Collier of the 54th and others:
A RESOLUTION
Creating the Financing of Student and Faculty Dormitories Study Committee; and for other purposes.
WHEREAS, the educational facilities at our institutions of higher learning are expanding at a tremendous and pleasurable rate; and
WHEREAS, this expansion, however, has overlooked one important, but extremely necessary feature: there are enough dormitories to house only a fraction of the students and faculty members who attend and teach at the universities and colleges of our State; and
WHEREAS, this problem has become critical, and it would be a worthwhile use of legislators' time and energies if a study were made to determine a fiscally sound method of financing new dormitories at our institutions of higher learning.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Financing of Student and Faculty Dormitories Study Committee, to be composed of five members of the House chosen by the Speaker.
The Committee shall research and determine a fiscally sound method for financing student and faculty dormitories at our institu tions of higher learning, and do such things as are necessary in order to arrive at meaningful and well-considered decisions.

TUESDAY, MARCH 25, 1969

2831

The members of the Committee shall receive the expenses and al lowances authorized to legislative members of interim study committees, but for no longer than 10 days.

The Committee shall prepare a report of its findings and recom mendations, which shall be submitted to the Clerk of the House for printing, on or before December 1, 1969, at which time the Committee shall stand abolished.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the legislative branch of the State government.

Referred to the Committee on University System of Georgia.

HR 439. By Messrs. Ware of the 30th, Dean of the 19th, Wood of the llth, Gignilliat of the 89th and Russell of the 70th:
A RESOLUTION
Authorizing the Defense and Veterans Affairs Committee to func tion after final adjournment of the 1969 Session of the General Assem bly; and for other purposes.
WHEREAS, there is considerable activity in the field of veterans legislation on the State and National levels; and
WHEREAS, the State and Federal agencies administering veterans programs schedule seminars, training classes, service schools and con ferences throughout the year to review legislation and rules and regu lations affecting veterans and veterans benefits; and
WHEREAS, it is the desire of the members of this body to co operate with the State and Federal agencies administering veterans programs and to stay abreast of the developments affecting veterans and veterans benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Defense and Veterans Affairs Commit tee is hereby authorized to function after final adjournment of the 1969 Session of the General Assembly. The committee shall be authorized to conduct studies of State and Federal laws relating to veterans and to cooperate and meet with State and Federal officials concerning vet erans programs and to attend seminars, service schools, and confer ences conducted by State and Federal agencies administering veterans programs. The committee shall be authorized to function as a full com mittee or as subcommittees appointed by the chairman. The committee may hold such meetings at such places and at such times as it con siders expedient and may do all other things consistent with this reso lution which are necessary or convenient to enable it to fully and effec-

2832

JOURNAL OF THE HOUSE,

tively exercise its powers, perform its duties, and accomplish the objec tives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The commit tee shall make a report of its findings, recommendations and sugges tions for proposed legislation, if any, to the 170 Session of the General Assembly, at which time the authority granted by this resolution to the Defense and Veterans Affairs Committee shall stand repealed.

Referred to the Committee on Defense and Veterans Affairs.

HR 440. By Messrs. Bell of the 73rd, Keen and Evans of the 81st, Davis of the 75th and Collins of the 72nd:
A RESOLUTION
Creating the State Central Accounting Department Study Com mittee; and for other purposes.
WHEREAS, the various agencies and departments of the State of Georgia have accounting divisions within such agencies and depart ments; and
WHEREAS, there have been various recommendations that there should be a new State department created which shall have the responsi bility of handling accounting matters for the various State agencies and departments; and
WHEREAS, the General Assembly is in need of information in order to determine the feasibility of creating a State Central Account ing Department.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Central Accounting Department Study Committee. The committee shall be com posed of five members of the House chosen by the Speaker of the House. The committee shall be authorized to study all aspects of the feasi bility of creating a State Central Accounting Department. All depart ments of State government shall make available to the committee their records, statistics and other information upon request of the commit tee and shall render any assistance to the committee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it con siders expedient and may do all other things consistent with this Reso lution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the com mittee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no

TUESDAY, MARCH 25, 1969

2833.

more than the number of days as determined by the Speaker of the House. The funds necessary to carry out the purposes of this Resolu tion shall come from the funds appropriated to or available to the legis lative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the Gen eral Assembly, at which time it shall stand abolished.

Referred to the Committee on State of Republic.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SB 150. By Senators Doss of the 52nd, Fincher of the 54th, and others:
A Bill to be entitled an Act to amend Code Section 23-1704, relating to bonds required of contractors contracting with the county, so as to provide that the requirements of certain Code Sections shall not apply to the building or repairing of any public bridge or other work when the same can be done at a cost of less than $1,500; and for other purposes.

The report of the Committee, which was favorable to the passage of theBill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander
Anderson Atherton Ballard Barber Battle Bell
Bennett Berry Black Bohannon Bostick Bowen
Brantley, H. H. Bray Brown, C.

Buck Burruss
Busbee Games Cates Cato Chandler Clarke
Cole Collier Collins, M. Collins, S. Colwell Conger
Connell Cook Crowe

Dailey Daugherty
Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson
Dixon Dorminy Edwards Egan Ezzard Fallin
Felton Floyd, L. R. Funk

2834

JOURNAL OF THE HOUSE,

Gary Gaynor Geisinger
Graves Hale Hargrett Harrington Harris, J. F. Harris, R. W.
Hawes Henderson Higginbotham
Hill, B. L. Hill, G. Holder Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill)

Lee, W. S. Leonard Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Miller Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard

Potts Reaves Roach Ross Rowland Rush Russell Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Blalock
Bond Brantley, H. L.
Brooks Brown, B. D. Caldwell Conner Cooper DeLong Dodson Douglas Ellis Evans Farmer Farrar

Floyd, J. H. Gignilliat Grahl Gunter Hadaway Hamilton Harris, J. R. Harrison Hood Howell Knapp Lane, Dick Levitas Lewis Matthews, C. McDaniell

Mo ate Moore Odom Phillips, L. L. Pinkston Poole Rainey Salem Scarborough Simmons Thomason Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 0.

TUESDAY, MARCH 25, 1969

2835.

The Bill, having received the requisite constitutional majority, was passed.

SR 83. By Senators Reeder of the 55th, Miller of the 43rd, and others:
A Resolution designating "Georgia Authors' Week"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Alexander
Anderson Atherton Ballard Barber Bell Bennett Berry Black Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Conner Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Douglas Edwards Egan Ellis Ezzard Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Graves Hale Hargrett Harrington Harris, J. F. Harris, R. W. Hawes Higginbotham Holder Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M.

Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill). Lee, W. S. Leonard Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W.. Patterson

2836
Peters Peterson Phillips, G. S. Phillips, W. K. Potts Rainey Roach Ross Rowland Scarlett Shanahan

JOURNAL OF THE HOUSE,

Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason

Thompson, A. W. Thompson, R. Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wilson

Those not voting were Messrs.:

Barfield
Battle Blalock Brooks Connell Cook Cooper DeLong Dent Dickinson Dixon Dodson Dorminy Evans Fallin Farmer Floyd, J. H. Gignilliat

Grahl Gunter Hadaway Hamilton Harris, J. R. Harrison Henderson Hill, B. L. Hill, G. Hood Howell Lane, W. J. Levitas Lewis Matthews, C. McDaniell Miller Moate

Moore Nash Odom Phillips, L. L. Pickard Pinkston Poole Reaves Rush Russell Salem Scarborough Townsend Vaughn Wamble Ware Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 141, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
SB 279. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend the Georgia Securities Act so as to provide for an exemption from the registration requirements of said Act for transactions involving the issuance of certain securities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MAKCH 25, 1969

2837

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Anderson Atherton Ballard Barber Bell Bennett Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans

Fallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Grahl Graves Hale Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Housley Hudson Hutchinson Johnson
Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt

Miles Milford Miller
Moate Morris Mullinax
Murphy Nash Nessniith Nunn Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Russell Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T.
Snow Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble
Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles

2838

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Patterson.

Those not voting were Messrs.:

Alexander Barfield
Battle Blalock Bond Brown, B. D. Clarke Cook Cooper DeLong Ezzard Farmer Floyd, J. H. Gignilliat Gunter

Hadaway Hamilton
Harris, J. R. Holder Horton Howell
Jordan, G. Keen Knapp Lee, W. J. (Bill) Lewis Longino McCracken McDaniell Moore

Northcutt Odom Phillips, G. S. Phillips, L. L. Pickard Poole Rush Salem Scarborough Smith, J. R. Thompson, R. Williams
Wilson Wood Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

The Clerk was directed to request the Secretary of the Senate to correct a typographical error appearing in SB 279 as follows:
Insert a comma in sub-section K, line 4, after the word "indi viduals".
The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:
HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd: A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of all counties with population of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 908 as follows:

TUESDAY, MARCH 25, 1969

2839

By striking from the title and in Section 1 the figures "17,000" and "34,000" and by inserting in lieu thereof the following figures, re spectively: "23,050" and "23,750".

Mr. Bostick of the 63rd moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 908 was agreed to.

The following communication from His Excellency, Governor Lester Maddox, was received and read:
EXECUTIVE DEPARTMENT Atlanta
March 24, 1969
Honorable George L. Smith II Speaker of the House of Representatives
and
Members of the House of Representatives State Capitol Atlanta, Georgia 30334
Ladies and Gentlemen:
I return herewith House Bill 12 entitled "An Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable serv ice who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to con tinue his membership in the Retirement System; and for other pur poses."
It has been difficult for me to decide whether to approve, veto or allow House Bill 12 to be approved by operation of law. I realize that whatever action I take thereon will disappoint some people. As Gover nor of the State of Georgia, I must determine in my own mind what is in the best interests of the State, the taxpayers and the State em ployees.
I feel there are both good and bad features of this particular legis lation. I feel that many good things will be brought about by the honor afforded the State of Georgia when Phil Campbell accepted the

2840

JOURNAL OP THE HOUSE,

position of Under Secretary of Agriculture of the United States of America. This was a great honor to the State, and Phil Campbell helped make it possible. In his position, he will be able to make significant contributions to the agricultural programs of this State and of the Nation.

However, even with the consideration cited above, I feel I could not sign special legislation like this for the benefit of one or a few when so many unmet needs still hang over the State of Georgia and its citizens.

I feel I could not sign a bill like this when there are people in this State on retirement incomes of $100 per month, starving, ill-clothed and ill-housed, and some of whom are State employees or former State employees.

I feel I could not sign a bill like this when the same body that passed this legislation is presenting an appropriation bill to the State that is denying what could have been done for many people. On the request of this Governor, the policemen, firemen and other personnel at the city and county level would have received substantial salary in creases that have been needed for so long.

I feel I could not approve a special interest retirement fund like this when the cities and counties in this State are desperate for funds; when the prisons that have been ignored for forty years are to be ignored again; when the State is unable to staff many of its hospitals and to build others that are needed; and when Georgia teachers will be denied salary increases while teachers in other States are receiving large increases this year.

I feel I could not approve this legislation when property owners in this State continue to be gutted and their property tax increased by another 75 million dollars in 1969 or 1970.

I feel I cannot sign a special bill for a special individual, and, therefore, pursuant to the provisions of Article V, Section I, Para graph XV of the Constitution of Georgia, I have vetoed House Bill 12 on the 21st day of March, 1969.

Sincerely, /s/ Lester Maddox
Governor

LM.-jc cc: Honorable Arthur K. Bolton
Honorable Ben W. Fortson, Jr. Honorable Frank H. Edwards Honorable Glenn Ellard

TUESDAY, MARCH 25, 1969

2841

Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SB 164. By Senators Smith of the 18th, Fincher of the 54th, and others:
A Bill to be entitled an Act to amend Code Section 88-7719 so as to pro vide for additional copies of the application for a marriage license and the disposition thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SR 95. By Senators Hensley of the 33rd and Holloway of the 12th:
A Resolution relative to the tax exemption on municipal bonds; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, and Russell and Keyton of the 70th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other pur poses.

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JOURNAL OF THE HOUSE,

Mr. Dixon of the 65th moved that the House recede from its position in disagreeing to the Senate amendment.

On the motion to recede, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Atherton
Barber Bostick
Bowen Brown, C. Burruss Busbee Clarke Cooper Daugherty Dean, N. Dent Dickinson Dixon Fallin Farrar Gary Gaynor

Holder Housley Howell Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M.
Keyton Kreeger Lane, W. J. Levitas Lowrey Marcus Melton Nunn Pafford Paris

Parker, C. A. Phillips, G. S. Phillips, W. R. Russell Sherman Smith, V. T. Sorrells Sweat Thomason Wamble Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Ballard Bell Bond Brantley, H. H. Brantley, H. L. Games Chandler Cole Collier Collins, M.
Collins, S.
Conger
Cook
Crowe
Dailey
Davis, W.
Dean, J. E.
Dorminy

Douglas Ezzard Floyd, J. H. Floyd, L. R. Graves Hadaway Harris, J. F. Hill, B. L. Hood Hudson Joiner Jordan, G. Jordan, H. S.
Knapp
Knowles
Lane, Dick
Lee, W. S.
Lewis
Longino
Mauldin
Milford

Moate Morris Mullinax Parker, H. W. Patterson Peters Pinkston Potts Ross Rowland Scarborough Shanahan Shepherd
Simkins
Snow
Toles
Townsend
Ware
Westlake
Wilkerson

TUESDAY, MARCH 25, 1969

Those not voting were Messrs.:

Barfield Battle Bennett Berry Black Blalock Bohannon Bray Brooks Brown, B. D. Buck Caldwell Gates Cato Colwell Connell Conner Davis, E. T. DeLong Dodson Edwards Egan Ellis Evans
TTarmer
Felton
Punk

Geisinger Gignilliat Grahl Gunter Hale Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Horton Keen Lambert Lee, W. J. (Bill) Leonard Mason Matthews, C. Matthews, D. R. Maxwell
McClatchey
McCracken
McDaniell

2843
Merritt Miles Miller Moore Murphy Nash Nessmith Northcutt Odom Peterson Phillips, L. L. Pickard Poole Rainey Reaves Roach Rush Salem Scarlett Simmons Sims Smith, J. R. Thompson, A. W. Thompson, R.
Vaughn
Whaley Mr. Speaker

On the motion to recede, the ayes were 52, nays 62.

The motion to recede was lost.

Mr. Jordan of the 55th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 407 and that the Speaker appoint a Committee of Conference to confer with a like Committee on the part of the Senate.

The motion prevailed, and the Speaker appointed as a Committee of Confer ence on the part of the House the following members: Messrs. Bennett of the 71st, Reaves of the 71st, and Tallin of the 63rd.

The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:

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JOURNAL OF THE HOUSE,

HB 160. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend the charter of the City of Macon so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 160 as follows:
By adding at the end of Article I of quoted Section 70A, which Sec tion is quoted in Section 1 of said bill, a new subsection to be num bered subsection (16) and to read as follows:
"(16) 'Prior System' shall mean the Retirement System for police and fire department employees in effect prior to the enact ment of the System."
By striking in its entirety subsection (1) of Article II of said Sec tion 70A and substituting in lieu thereof the following:
"(1) Eligibility. Each employee who is in the employ of the City on the effective date, may elect to become a member of the System as of the effective date. Such election must be made prior to July 1, 1969. Employees who elect not to become members of the System will become Prior System members and will be entitled to benefits as defined by the Prior System and will continue to make contributions as required by that System."
By striking the first sentence of subsection (2) of Article II of said Section 70A and substituting in lieu thereof the following sentence:
"(2) Membership. Each employee who becomes a member or a Prior System member on the effective date of this System, and each new member after the effective date, shall make application for membership in the System."
By deleting from subsection (2) of Article III of said Section 70A the following:
"; Provided, however, that such period or periods shall not ex tend past the 60th birthday of the employee."
By renumbering subsection (3) of Article III of said Section 70A as subsection (4), and by inserting following subsection (2) of said Article a new subsection (3) to read as follows:
"(3) Early Retirement Date. An employee may retire from the employment of the City on the first day of any month prior to his Normal Retirement Date, provided the employee has com-

TUESDAY, MARCH 25, 1969

2845

pleted twenty-five years of service. Such date of retirement shall be the early retirement date of the employee."

And, by renumbering subsection (3) of Article IV of said Section 70A as subsection (4), and by inserting following subsection (2) of said Article a new subsection (3) to read as follows:

"(3) Early Retirement Benefit. An employee, upon retirement on his early retirement date shall receive an immediate monthly retirement benefit which shall commence on the employee's early retirement date and shall be continued on the first day of each month thereafter during the lifetime of the employee. The amount of such monthly retirement benefit shall be computed in the same manner as for his normal retirement benefit, based on average compensation as of his early retirement date, except that such amount shall be reduced by five twenty-fourths of one per cent (5/24%) for each month by which the early retirement date pre cedes the normal retirement date."

The following House amendment to the Senate amendment was read and adopted:
Messrs. Miller of the 83rd, and Keen, Knapp, Evans and Pinkston of the 81st move to amend the Senate amendment to HB 160, as follows:
By striking quoted Section 17A in its entirety and inserting in lieu thereof a new Section 17A, to read as follows:
"Section 17A. The mayor of the City of Macon is hereby authorized to determine the days which constitute legal holidays for the employees of the City; provided, however, the mayor shall set no less than five such legal holidays. The employees of the City of Macon shall be paid for such legal holidays."

Mr. Miller of the 83rd moved that the House agree to the Senate amend ment, as amended by the House.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 160 was agreed to, as amended by the House.

Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

2846

JOURNAL OF THE HOUSE,

SB 26. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Barber Barfield Bennett Brooks Buck Carnes Gates Cato Clarke Collier Collins, M. Conger Connell Cook Dailey Dean, J. E. DeLong Dodson Douglas Edwards Farmer Farrar Felton Gary

Gaynor Geisinger Hale Hargrett Harrison Housley Howell Hudson Johnson Jones, M. Keyton Knowles Kreeger Lambert Lee, W. J. (Bill) Leonard Levitas Lewis Marcus Mason Matthews, C. McClatchey McCracken Miles Moate

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard Battle Bell Berry Bohannon

Bond Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss Cole

Murphy Nash Northcutt Nunn Paris Parker, C. A. Peters Phillips, G. S. Phillips, W. R. Pickard Rainey Reaves Roach Rowland Rush Russell Scarlett Simmons Smith, V. T. Snow Thomason Thompson, A. W. Thompson, R. Wheeler, J. A.
Collins, S. Crowe Davis, W. Dean, N. Dickinson Dixon Dorminy Evans

Fallin Floyd, J. H. Floyd, L. R. Funk Craves Harrington Harris, J. F. Harris, J. R. Hill, B. L. Hill, G. Hood Horton Hutchinson Jones, Herb Jordan, H. S. Keen

TUESDAY, MARCH 25, 1969
Lane, Dick Lee, W. S. Longino Lowrey Matthews, D. R. Mauldin Milford Moore Morris Mullinax Pafford Patterson Phillips, L. L. Potts Scarborough Shepherd

2847
Sherman Sims Smith, J. R. Sorrells Sweat Toles Wamble Westlake Whaley Wheeler, Bobby Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Black Blalock Bostick Bray Busbee Caldwell Chandler Colwell Conner Cooper Daugherty Davis, E. T. Dent Egan Ellis Ezzard Gignilliat

Grahl Gunter Hadaway Hamilton Harris, R. W. Hawes Henderson Higginbotham Holder Joiner Jones, C. M. Jordan, G. Knapp Lane Maxwell McDaniell Melton

Merritt Miller Nessmith Odom Parker, H. W. Peterson Pinkston Poole Ross Salem Shanahan Simkins Townsend Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 74, nays 71.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Messrs. Melton of the 32nd and Simkins of the 78th requested that they be recorded as having voted against the passage of SB 26.

Mr. Rowland of the 42nd gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 26.

2848

JOURNAL OP THE HOUSE,

SB 277. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend Code Section 40-802 so as to change the provisions relating to the destruction of records by the Department of Archives and History; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bennett
Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent
Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard
Fallin Farmer Farrar Felton Floyd, L. E. Funk
Gary Gaynor Geisinger Gignilliat Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham

Hill, B. L.
Hill, G. Holder Hood
Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Mauldin
Maxwell McClatchey McCracken McDaniell

Melton Merritt Miles Milford Miller
Moate Moore Morris Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson

TUESDAY, MARCH 25, 1969
Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Reaves Roach Ross Rowland Rush Russell Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow

2849
Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Bell Blalock Bostick Bowen Clarke Floyd, J. H. Grahl Hadaway

Hale Hamilton Henderson
Lewis Matthews, D. R. Mullinax Patterson Pickard

Poole Potts Rainey Salem Scarborough Ware Mr. Speaker

On the passage of the Bill, the ayes were 172, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:

HB 218. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend an Act so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program; and for other purposes.

The following Senate amendment was read:

2850

JOURNAL OF THE HOUSE,
Senator Webb of the llth moves to amend HB 218 by striking the word "move" from Section 3 and by inserting in lieu thereof the word "operate".

Mr. Williams of the llth moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Black Bohannon Bond Bo stick Bo wen Brantley, H. H. Brooks Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes .Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. E. Funk Gary Geisinger Gignilliat Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hudson Johnson

Joiner Jones, Herb Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Murphy Nash Nunn Pafford Paris

Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Reaves Roach Ross Rowland Rush

TUESDAY, MARCH 25, 1969
Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sweat

2851
Thomason Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Ballard Berry Blalock Brantley, H. L. Bray Buck Dorminy Egan Ellis Felton Gaynor Grahl Hadaway Hamilton

Harris, J. R. Hawes Hill, B. L. Howell Hutchinson Jones, C. M. Jones, M. Keen, M. Lane, W. J. Mullinax Nessmith Northcutt Odom Parker, H. W.

Pickard Pinkston
Poole Potts Rainey Simmons Smith, J. R. Sorrells Thompson, A. W. Thompson, R. Townsend Vaughn
Ware Mr. Speaker

On the motion to agree, the ayes were 153, nays 0. The Senate amendment to HB 218 was agreed to.

HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th, and Hutchinson of the 61st:
A Bill to be entitled an Act to provide how motorcycles shall be oper ated in this State, and for other purposes.

The following Senate amendment was read:
Senate Committee on Public Utilities and Transportation moves to amend HB 409 as follows:
By inserting in the title, immediately before the phrase:

2852

JOURNAL OF THE HOUSE,

"to repeal conflicting laws"

the following:

"to provide for penalties;"

By striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. Any person who shall violate the provisions of this Act or any rule or regulation promulgated by the Director shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."

Mr. Williams of the llth moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Black Bohannon
Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Burruss Busbee Caldwell Carries
Gates Cato Chandler Clarke
Cole

Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong
Dent Dickinson Dixon Dodson Edwards Evans Ezzard Fallin Farrar Floyd, J. H. Funk
Gary Geisinger Gignilliat

Graves Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner
Jones, Herb Jordan, H. S. Keen
Keyton Knapp Knowles
Kreeger Lambert Lane, Dick Lane, W. J.
Lee, W. J. (Bill)

Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moate Moore Morris Murphy

TUESDAY, MARCH 25, 1969
Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Reaves Roach Ross Rush Russell Salem Scarborough

2853
Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Thompson, R.
Toles
Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs. Ballard and Farmer.

Those not voting were Messrs. :

Berry Blalock Bray Buck Collier Collins, S. Dean Dorminy Douglas Egan Ellis Felton Floyd, L. R. Gaynor Grahl

Gunter Hadaway Hale Hamilton Hargrett Harris, J. R. Hawes Hood Jones, C. M. Jones, M. Jordan, G. Levitas Miller Mullinax Odom

Pickard Poole Potts Rainey Rowland Simkins Sorrells Sweat Thomason Thompson, A. W. Townsend Vaughn Ware Mr. Speaker

On the motion to agree, the ayes were 149, nays 2.

The Senate amendment to HB 409 was agreed to.

2854

JOURNAL OF THE HOUSE,

HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to mu nicipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Title 34A, relating to munici pal elections, so as to provide the circumstances under which a certifi cate of nomination shall be issued by a political party to the nominees of such a party; to authorize certain municipalities to provide that no political party may conduct primaries for the purpose of nominating candidates for municipal elections; to provide that unless a candidate is the duly nominated nominee of a political party, his name shall be listed on the ballot under the Independent column; to provide the pro cedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 34A, relating to municipal elections, is here by amended by adding at the end of subsection (b) of Code Section 34-901, relating to the filing of notice of candidacy, the following:
"A certificate of nomination shall not be issued to a candidate by any political party unless the candidate is the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said cer tificate is the substituted nominee of such political party pursuant to the provisions of Code Section 34A-903.",
so that when so amended subsection (b) shall read as follows:
"(b) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of candi dacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such certificate of nomination shall be sworn to by the chairman and secretary of the municipal or other appropriate executive committee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other in formation as may be prescribed by the officer with whom the candidate files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as required by

TUESDAY, MARCH 25, 1969

2855

Chapter 34-9 of the Georgia Election Code and with the city clerk as required by Section 34B-801 of this Code. A certificate of nom ination shall not be issued to a candidate by any political party unless the candidate is the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said candidate is the substituted nominee of such political party pursuant to the provisions of Code Section
34A-903."

Section 2. Said Title is further amended by striking in its entirety Code Section 34A-905, relating to the conduct of primaries and nonpartisan primaries, and substituting in lieu thereof a new Code Section to read as follows:

"Section 34A-905. Primaries to be conducted only by political parties or non-partisan municipal executive committees; conduct of primaries.--Either a political party as defined in this Code or a nonpartisan municipal executive committee duly registered with the city clerk may conduct a municipal primary for the purpose of elect ing its own officials or nominating candidates for municipal elec tions. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regula tions of such party or nonpartisan municipal executive committee not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be con ducted in such manner as to guarantee the secrecy of the ballot. Municipalities may provide by their charter or ordinance that no political party shall conduct primaries for the purpose of nominat ing candidates for municipal elections; provided, however, the ex isting provisions of any charter or ordinance prohibiting primaries by political parties shall not be repealed by this Act."

Section 3. Said Title is further amended by renumbering subsec tion (e) of Code Section 34A-1004, relating to the form of the official election ballot, as subsection (f), and by inserting following subsection (d) a new subsection (e) to read as follows:

"(e) The name of a candidate shall not be listed on the ballot under the name of a political party column unless the candidate has accompanied his notice of candidacy by the certificate of nom ination required by subsection (b) of Code Section 34A-01."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Cook of the 95th moved that the House disagree to the Senate substitute.
The motion prevailed, and the House disagreed to the Senate substitute to HB 381.

2856

JOURNAL OF THE HOUSE,

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, and Paris of the 14th:
A Bill to be entitled an Act to provide appropriations for the fiscal year beginning July 1, 1969; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions, and for all other governmental ac tivities, projects and undertakings authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971, as pre scribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1969.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation, expenses, mileage allowances, travel and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Rep resentatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of reno vating and repairing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distributing the Acts and Journals of the General As sembly, and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statis-

TUESDAY, MARCH 25, 1969

2857

tical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legis lative Counsel as authorized by law.
1969-70 .._.__....__-_.._..-.--~_~____._.--_---_---$ 4,825,000.00
1970-71 _---,,_.-___._.__.._.__._..___..._._-_-_.$ 4,825,000.00

Changed Objects:

Personal Services _..__.----__...-.._$ 2,740,000.00 Operating Expenses .__..._...___._._$ 1,985,000.00 Capital Outlay -_-.___...-,,__._..__.._._$ 100,000.00

Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expendi ture of funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the expendi ture of funds appropriated to the legislative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the legislative branch of government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Audits, Department of.

Operations 1969-70 1970-71
Changed Objects:

750,000.00 750,000.00

Personal Services _ Operating Expenses

691,100.00 83,900.00

PART II

JUDICIAL BRANCH

Section 3. Superme Court. For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each

2858

JOURNAL OF THE HOUSE,

additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on ap peal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

1969-70 1970-71

Changed Objects:

Personal Services --_____.__---_------__$ 531,811.00

Section 4. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and re tirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be in creased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.

1969-70 1970-71

Changed Object:

Personal Services

662,800.00

550,441.00 550,441.00
662,800.00 662,800.00

Section 5. Superior Courts.

A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Judge Emer itus position established during the fiscal year.

1969-70 1970-71

1,756,967.00 1,756,967.00

Changed object:

Personal Services ____.____--_.,,__...._-_-___-___$ 1,690,667.00

Provided, further, that the listed appropriation shall be increased by the amount of $25,000.00 per annum for

TUESDAY, MARCH 25, 1969

2859

each Judgeship created by law during the 1969 session of the General Assembly.

B. For payment of salaries, contingent expense al lowances, and other expenses as may be authorized by law for the District Attorneys and District Attorneys Emeri tus. Provided, however, that the listed appropriations shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.
1969-70 ._.......
1970-71 --_--

975,100.00 975,100.00

Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
1969-70 ,,--..._r--_-----..-.-----_-_-_--_--____._.______.._____.$ 1970-71 ___________________.._....._...._._......._____..____..?

35,000.00 35,000.00

PART III

EXECUTIVE BRANCH GENERAL GOVERNMENT
Section 7. Commission on Aging.
1969-70 -------_--__--________________________________.$ 1970-71 _-__--___--_,,____.___.______________.._.__$

57,655.00 57,655.00

Changed objects:
Personal Services ________________,,____________,__$ Operating Expenses _.,,____.________________,,$

70,353.00 16,362.00

Section 8. Art Commission, Georgia.

1969-70 ____________________________________.._______..__....$

1970-71 . .

_.___._____.___.__,,.,,.._$

57,060.00 57,060.00

Changed objects:
Personal Services ___-___._-..____...________._$ Operating Expenses _______________________$

32,460.00 24,600.00

2860

JOURNAL OF THE HOUSE,

Section 9. Banking, Department of.

1969-70 __________.______._.__------._----..._.$ 572,054.00 1970-71 .__...___....__.._____--.------------__.__.$ 572,054.00

Changed objects:

Personal Services __..._.__.____.__.f 452,054.00

Section 10. Capitol Square Improvement Committee.

A. Operating Costs.

1969-70 ___._____..__.____._._._............___.,,$ 150,000.00 1970-71 .-...____-......._.........__..__..........__.___$ 150,000.00

B. Capital Outlay--Authority Lease Rentals, Annual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1969-70 ___.__....._..........__---.-__.....----_----$ 3,112,752.87
1970-71 .....__----------------_.----......------___._.._...$ 3,112,752.87

Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act.

1969-70 __------------------_.__..............__.....------___._.$ 1,526,450.00 1970-71 -------------.....-- -.--------.-....__...-...$ 1,526,450.00

Changed objects:

Personal Services ------_._.._....$ 1,143,810.00 Operating Expenses ..__.....----_._...$ 382,640.00

Section 12. Coordinator of Highway Safety.

1969-70 .__--__.-.....--__--------__-------------.....$ 1970-71 ---.--.--._..------------_--__--_--------------$

70,924.00 70,924.00

Changed objects:

Personal Services ----_.........--.....--......_-$ Operating Expenses ...............__..--...$

80,148.00 61,700.00

TUESDAY, MARCH 25, 1969

2861

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organiza tions and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1969-70 __.__.....__.._._._._________._____.$ 1,070,393.00
1970-71 -__..__...._____._________.__-$ 1,070,393.00

Changed objects:
Personal Services ___-__.___.__$ 778,193.00
Section 14. Executive Department.
A. For the costs of operating the Executive De partment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governors' Conferences, the Southern Inter state Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special committee expenses.

1969-70 _._.__....._.._..__.......___.____....___...__$ 593,165.00 1970-71 __.___-.-..______________.__..__.__._...__..._$ 593,165.00

Changed objects:

Personal Services ___...__.._._..__..$ 393,165.00 B. For the Governor's Mansion allowance. 1969-70 __......__._._.._....______.._____._._.._.._.__$ 1970-71 _.---_..---_-_............_......__....._.._.__$ Section 15. Budget Bureau. 1969-70 _...__...__.__.._._.....__.__.._..__.._._._.$ 1970-71 _.__._...__..__....._._._..__._...._._.._.$
Changed objects: Personal Services ....._....__.__.._$ 235,085.00 Section 16. Planning and Programming Bureau, (a) General operating costs. 1969-70 ___....._...___.__.__...__._._..__--...$ 1970-71 ___.______._.__-__._.._.___._-.....$

25,000.00 25,000.00 281,585.00 281,585.00
492,561.00 492,561.00

2862

JOURNAL OF THE HOUSE,

Changed objects:

Personal Services -____._._._.._--_._-.$ 660,296.00 Operating Expenses ___..-_~__-_.$ 214,712.00

Provided, however, that from the funds appropriated above, the Bureau shall provide sums sufficient to imple ment the Omnibus Crime and Safe Streets Act, as set forth in the budget document.

(b) Grants to Area Planning and Development Commissions.

1969-70 ..___________...._________.______._,,_._$ 823,200.00 1970-71 ___________.___._._._._......_____.....__._$ 823,200.00

Section 17. Georgia Historical Commission.

1969-70 _._,,-____-.___..-._________...____-,, ___$ 416,400.00 1970-71 __________^ ______.___.__._..______._-______$ 416,400.00

Changed objects:

Personal Services ----_______._..__-_.$ 265,000.00 Capital Outlay .._..______._.........____..._.._.._$ 50,000.00

Section 18. Industry and Trade, Department of. A. General Operating Costs. 1969-70 _--___ -^ -_-___,,_,,__________--_____._.______.$ 2,591,014.00 1970-71 ---...---__-_..-....____-.............,,-....._.........$ 2,591,014.00

Changed objects:

Personal Services __-______,,____._._.......$ Operating Expenses -.________._________$ Capital Outlay .__..._._.__________.__$ Advertising ______,,,,_,,___________________._.____$

908,500.00 782,514.00
-0900,000.00

B. Capital Outlay--Metropolitan Atlanta Rapid Transit--to be expended under contract with the Met ropolitan Atlanta Rapid Transit Authority.
1969-70 _______________________________________________.$
1970-71 ___________________ _____ _____________.___,,____$

45,700.00 45,700.00

TUESDAY, MARCH 25, 1969

2863

C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.

1969-70 _____________________________________._-___$ 2,000,000.00 1970-71 --____-_-_._____.______________...____----...$ 2,000,000.00

Section 19. Labor, Department of.

A. For the cost of operating the Commissioner's Of fice and Factory Inspection Division.

1969-70 _______________________.............____._.__$ 326,200.00 1970-71 __________________________.._....._......_.______$ 326,200.00

Changed objects:

Personal Services -_______________.__________$ 265,800.00 Operating Expenses __-______--.___.$ 60,400.00

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act of March 8, 1945.

1969-70 ____________.__._____.______.__________.____,,._____$ 1970-71 --------------------------------..-----$

85,000.00 85,000.00

Changed objects:

Personal Services _________.______$ 9,229,050.00 Operating Expenses ______.__--____$ 1,672,750.00

Section 20. Law, Department of. For the cost of op erating the Department of Law, provided that the com pensation of all Assistant Attorneys General, Deputy Assitant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is autho
rized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reimburse ment to the Department of Law by the State Highway Department for expenses incurred for legal services by an Assistant Attorney General or Deputy Assistant At torneys General assigned by the Attorney General of Georgia to perform specific items of legal work in con nection with the acquisition of rights-of-way on the State

2864

JOURNAL OF THE HOUSE,

road system, and contract law suits, or unless the pay ment is made from funds appropriated to the Executive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.

1969-70 _._________._----_-___-------_----$ 888,000.00 1970-71 ___-__________._-____-----__--$ 888,000.00

Changed objects:

Personal Services ________._--_.,,$ 736,000.00

Section 21. Library, State.

1969-70 ---__~_--__------------._--.___....__-$ 122,200.00 1970-71 ----__--__----------------__.____----_$ 122,200.00

Changed objects:

Personal Services ________.___$ 90,200.00

Section 22. Literature Commission, State.

1969-70 ---________._____-___--_-------$ 1970-71 _.___________-______.____--.._.$

20,000.00 20,000.00*

Changed objects:

Personal Services _______._.___.__$ 10,464.00

Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.

1969-70 -_____-__--_-_________.___.__$ 127,330.00 1970-71 __________-_______,,____._.__$ 127,330.00

Changed objects:

Personal Services ____________$ Operating Expenses ___________$

95,730.00 31,600.00

Section 24. Public Safety, Department of. 1969-70 __________.___-____________$ 13,291,700.00 1970-71 ____-__.___..._----.___.____.____$ 13,250,700.00

TUESDAY, MARCH 25, 1969

2865

Changed objects:

Personal Services ______.__.__.$ 9,724,700.00 Operating Expenses __-______.__? 3,726,000.00 Capital Outlay 1969-70 -_________? 41,000.00 Capital Outlay 1970-71 .____.__._$ --0--

Provided, that from the above amount, $41,000.00 from Capital Outlay in 1969-70 shall be used as additional funds for construction of State Patrol Barracks in Ste phens County.

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).

Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.
1969-70 _______1970-71 ___-_____
Changed objects:
Personal Services ________._._.$ 594,158.00 Operating Expenses .____________.$ 93,973.00

688,131.00 688,131.00

Section 26. Purchases, Supervisor of. 1969-70 ___-___-_______-_____________$ 467,653.00 1970-71 ______________________.___..___$ 467,653.00 Changed objects:
Personal Services ___________$ 390,853.00 Operating Expenses __________$ 76,800.00

Section 27. Recreation Commission.
1969-70 ___________________ 1970-71 ________.________-_

103,123.00 103,123.00

2866

JOURNAL OF THE HOUSE,

Changed objects:

Personal Services ______._________? 67,145.00

Section 28. Revenue, Department of.

A. For cost of operating the Department of Revenue.

1969-70 ___.__________________________________$ 13,366,400.00 1970-71 _...________.____.______..._..._._._._$ 13,366,400.00

Changed objects:

Personal Services __________.___.__.__$ 9,800,500.00

B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies.

1969-70 -.._-..,,____-__.____._-____._-_-_______-_____-___.___? 1970-71 ._.._.._________-____________________._________._$

30,000.00 30,000.00

C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and 1970-71 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $400,000.00 in each fiscal year. Such amount shall be available for further tax evaluation loans to counties.

Section 29. Science and Technology Commission.

1969-70 ___________________________.__________._$ 1970-71 ____________________________-_.____________-$

96,350.00 96,350.00

Changed objects:

Personal Services _______________-$ 72,550.00

Section 30. Secretary of State.

A. Archives and Records. For the cost of operations of archives and history, microfilming and housing records, and the State Museum, including lease rental payments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per annum.

1969-70 _______,,_____________________________$ 1,448,900.00 1970-71 __.___.__.__________-__._.________________$ 1,448,900.00

TUESDAY, MARCH 25, 1969

2867

Changed objects:

Personal Services __..._._.__..__.$ 508,900.00

B. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, and for insurance on public property not otherwise provided for.

1969-70 ......__.___-_..___-_-_..-_--__--_--$ 461,049.00 1970-71 _._-_.__---_._.__._..._....,,...__._.._.._._._$ 461,049.00

Changed objects:

Personal Services _...._..__.__..__.._.,,$ 320,049.00

C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.

1969-70 ________._--_-_-..____--.--- __--_$ 851,921.00 1970-71 __,,_.__..____.___-__----_------.--_.._.$ 851,921.00

Changed objects: Personal Services -_...-_-_--.__.._--.$

545,121.00

D. Examining Boards.
1969-70 __--_....___.._._______---__._._.__$ 884,800.00 1970-71 _-_--__-___----_-__-----___--$ 884,800.00

Changed objects: Personal Services __....___.._._.__.$ 504,800.00

E. Executive Center. For operation of Executive Center.
1969-70 ___--_--,,__--_____.__,,__.---_-------$ 1970-71 __-----__-.--____--_-__-___-__--$
Changed objects:
Personal Services -____._._._._.$ 31,800.00

69,300.00 69,300.00

2868

JOURNAL OF THE HOUSE,

F. Special Repairs, Capitol Building and Legislative Chambers, Rooms, Offices and Facilities.

1969-70 _ 1970-71 _

-$ 50,000.00 50,000.00

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Com mission.

1969-70 _______.__.___________-__-___-S 1970-71 _________._____________._._._$

50,000.00 50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.

1969-70 ___...__.__-____________.._._$ 156,500.00 1970-71 .__.._..__-___-__.________...__._..,,.$ 156,500.00

Section 33. Veterans Service.

A. For the cost of operating the Department of Veterans Service.

1969-70 ..____._.__.....____..___._..._.._.__._._.$ 1,172,053.00 1970-71 __.__-______-_____-_--_..__..__._$ 1,172,053.00

Changed objects:

Personal Services ...____._____.$ 1,075,653.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.

1969-70 ..._.__..__.___________.______._-$ 1,088,314.00 1970-71 ._..._____.______.--..__.___._._._._$ 1,088,314.00

Changed objects:

Personal Services _________-_.$
Payments to Medical College of Georgia ___________$

54,614.00 582,540.00

C. For the cost of pensions to Confederate Widows.

1969-70 --______________________.__---$ 1970-71 _________._________________._$

55,570.00 55,570.00

TUESDAY, MARCH 25, 1969

2869-

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.

1969-70 ___-_-__._____-_.______._.__$ 707,345.00 1970-71 _____-__._____.____-__--___.$ 707,345.00-

Changed objects:

Personal Services _..._____.._.___-$ 626,845.00

AGRICULTURE AND CONSERVATION

Section 35. Agriculture, Department of.

A. For the operation of all activities of the Depart ment including the operation of Farmer's Markets.
1969-70 _______._______.______-__.__$ 9,518,575.00 1970-71 ___.___-__.____________......__---$ 9,518,575.00
Changed objects:
Personal Services ______._.__...$ 5,302,733.00 Operating Expenses _._______._.$ 2,951,866.00 Capital Outlay __....._._____._._.$ 33,500.00

Provided, that the amount of $33,500.00 from Capital Outlay shall be used for the construction of a peanut seed processing plant.

B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Markets).
1969-70 -__.-__....__..___._..._-__-___---$ 750,000.00 1970-71 ___--__________________._._--$ 750,000.00
Changed objects:
Authority Lease Rentals ....___.__.$ 750,000.00

C. Fire Ant Eradication.
1969-70 __.___..____..._._._._._._-__.__-___-- ._-- --------._._.$$ 1,000,000.00 1970-71 ___..__._.__.______-__--_~~~_.$ 1,000,000.00

2870

JOURNAL OP THE HOUSE,

Section 36. Conservation.

A. Forestry Commission.

1969-70 ..........____._._._.._.____.____-_____$ 5,806,633.00 1970-71 _._._--_______._____.__-_-_.__--._$ 5,806,633.00

Changed objects:
Personal Services __._______.__$ 6,240,387.00 Capital Outlay _____________$ --0--

B. Forest Research Council.
1969-70 ...___.____.__.__________________......$ 401,834.00 1970-71 .......___...._____.___..___.._..___...$ 401,834.00

Changed objects:

Personal Services __.,,_._._______$ Operating Expenses ..___.._____$ Capital Outlay .....__.__.______..$

66,544.00 351,885.00
--0--

C. Game and Fish Commission.

1969-70 .............................__............._......_._.._...__________$ 3,320,685.00 1970-71 ______________......_____________...._________$ 3,320,685.00

Changed objects:

Personal Services ________-_________? 2,664,329.00 Operating Expenses _-_,,______._.__.___.$ 1,604,634.00 Capital Outlay --_____--.__..._...___.$ --0--

D. Georgia Commission for the Development of Chattahoochee River Basin.

1969-70 __________________________.__......________$ 1970-71 ..._________,,__..___________.........________.$

6,710.00 6,710.00

Changed objects:

Operating Expenses ________________$

3,110.00

TUESDAY, MARCH 25, 1969

2871

E. Jekyll Island Committee.

1969-70 _.______.___.__._..__._._,,.__..._.._._$ 400,000.00 1970-71 ~__.__._...______________________________.______$ 400,000.00

Changed objects:

Operating Expenses __________$ 400,000.00

F. Mineral Leasing Commission.

1969-70 _____...._________._._._______..--__.$ 1970-71 ---_____--______-_________________.$

5,000.00 5,000.00

G. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.

(a) Regular Operation

1969-70 __________________---._..-.--________..____________._._$ 386,403.00 1970-71 .------_--_________________..________._-_._______.__$ 386,403.00

Changed objects:

Personal Services _.-____,,_.___.__.______.__-_..$ 170,468.00 Operating- Expenses .,,___-..-._..___--._$ 263,010.00

(b) South Georgia Minerals Exploration and Re search.

1969-70 ____________.___..____,,__.______.__________-_-____-_-__-_--_-___.__$ 228,500.00 1970-71 -----__--_-_---_-_--__-__---_--_-_--_,,$ 228,500.00

Changed objects: Operating Expenses .,,_-....-._-_.._.----.$

228,500.00

(c) Surfaced Mined Land Use Board. 1969-70 -.._.__._-__._.-_._-._.-_-,,_----_______-_____-.---_,,$ 1970-71 --_.__,,_.__-,,----,,---_._------_-__---_.__._-___$

119,000.00 119,000.00

Changed objects: Personal Services ---__--_---_--$ Operating Expenses .__.__-____-_._$

73,000.00 46,000.00

2872

JOURNAL OP THE HOUSE,

H. North Georgia Mountains Commission.

1969-70 ._._..___._______._.___._____.__-$ 300,000.00 1970-71 ..._._.__.._._.____________.._._.___.$ 300,000.00

Changed objects: Operating Expenses ......_____.____...__.___._.._$

300,000.00

Provided that the total State salary of the Director shall not exceed $24,000.00 per annum.

I. Ocean Science Center of the Atlantic.
1969-70 .____..._._.___.__.._._._.._.._._._._...$ 909,508.00 1970-71 ..._...._..._.____...____.._._....._._._._._._.._$ 909,508.00

Changed objects:

Personal Services _.....__...__..__.......? Operating Expenses _..__.__....._.$ Capital Outlay .._....__.__._.__..__.$

103,977.00 335,531.00 450,000.00

Provided, no capital outlay funds shall be expended to purchase additional land.

J. Department of Parks.
(a) For general operation and development of State Parks.
1969-70 _.,,._._._.._._._....,,.,,._._._....._....._...__.........$ 1,766,584.00 1970-71 _......__.....-..__..__.__.._...._..._.______.._..$ 1,766,584.00
Changed objects:
Personal Services --......--_.....__...,,._._$ 1,484,752.00 Operating Expenses __...._.._._._.__$ 750,612.00 Capital Outlay .__._--_,,__.____._._$ 206,220.00
Provided, however, that of the above amounts, there shall be allocated for expenses of the State Council for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 1970-71.

TUESDAY, MARCH 25, 1969

2873

Provided that no land shall be purchased for State park purposes without the approval of the State Proper ties Acquisition Commission.

(b) Capital Outlay--Authority Lease Rentals-- An nual Lease Payments to Jekyll Island-State Parks Au thority.
1969-70 .._.._._..___.-__.___.--______....__..$ 1,146,000.00 1970-71 ..-__.-_..._------.-_......__.___-_$ 1,146,000.00
Changed Objects:
Authority Lease Rentals ......._._..___$ 1,146,000.00

(c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial Asso ciation.
1969-70 __.._.._....__...._-_-_..._.,,_..._._.._...__._._.$ 1,000,000.00 1970-71 ..,,......._....__..._._...__..,,._....,,......._...._...._._..._.$ 1,000,000.00

(d) For Contract with Lake Lanier Island Develop ment Authority.
1969-70 ._.._._........-..-....-.._._.-_.__.._._.-._..-_...-_._...._.$ 208,194.00 1970-71 ..............._..__-._---_...-__.._-_-._,,-__....__$ 208,194.00
Changed objects:
Operating Expenses ._._._...,,.,,_........_..$ 208,194.00
K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee.
1969-70 ...__....._,._..._-_......._-.....___.__._..__--..._.__..$ 409,548.00 1970-71 - ----- ------- ----- -----$ 409,548.00
Changed objects:
Personal Services --~__._.._._.--.__.__$ 22,988.00 Operating Expenses _._.-....._._..._--...,,.$ 386,560.00

2874

JOURNAL OF THE HOUSE,
L. Stone Mountain Memorial Committee. For oper ating costs including costs of improvements by convict labor.
1969-70 ,,_________._.________......__.__.__..$ 175,000.00 1970-71 _____________.______..______._.._..___._$ 150,000.00
CORRECTIONS
Section 37. Corrections, State Board of.
A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Pension System.
1969-70 ___________________.________________$ 12,184,847.00 1970-71 ....________________________.__,,___._$ 12,184,847.00
Changed objects:
Personal Services ___-_._______$ 7,448,600.00 Operating Expenses ____.____.__.$ 5,518,247.00 Capital Outlay ..................................... ^ 600,000.00
Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in excess of the director's salary, except salaries for physi cians.
B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Penal).
1969-70 _____________________________,,__$ 790,000.00 1970-71 _._.__._-_____-_____.______-_______$ 790,000.00
Changed objects:
Authority Lease Rentals ____,,___$ 790,000.00
Section 38. Pardons and Paroles, State Board of.
1969-70 __.___.._______________.____________$ 1,025,500.00 1970-71 ___________________________________$ 1,025,500.00
Changed objects:
Personal Services ..._._-_-_________$ 834,100.00 Operating Expenses ______--________$ 191,400.00

TUESDAY, MARCH 25, 1969

2875

Section 39. Probation, State Board of. For the cost of operating the statewide Probation System, adminis tered by the State Board of Probation.

1969-70 __-...-__-__..--_-_.-_-_..-._-.__._.__._,,..._______$ 1,444,289.69 1970-71 _________________________....__._..._....,,.......$ 1,444,289.69

Changed objects:

Personal Services --....___..._,,....._.......$ 1,230,333.00 Operating Expenses -_____.__.__._.____._$ 213,956.69

EDUCATION
Section 40, State Board of Education--Department of Education.
A. For matching vocational rehabilitation funds in co operation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for excep tional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds, including the cost of the Teachers' Retirement Employer contribution.
Provide that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contribu tions to the Teachers' Retirement System applicable to such salary.
1969-70 ___._.._-,,_-_____--___---_-.__--._-__._-_-___._.-__._--.__.$358,813,335.00
1970-71 -,,.-_-......__....,,...,,--..___,,__,,-__._ _-_.___--_,, -__._$358,813,335.00'
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.
Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau

2876

JOURNAL OF THE HOUSE,

shall reduce the appropriation for any item or part there of which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Noth ing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for pro grams for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certified professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel. Changed objects:

Personnel Services _._.,,_.,,._...,,..__.____.__.,,.._.___.$ 22,176,273.00 Operating Expenses __.._..____.........__..._._____...__$ 22,453,538.00 Teachers Salaries _______.._._-._-__..........__._.$210,144,694.00 Other Certificated Professional Personnel
Salaries ..._______.__...__...__..__.___.._..,,_$ 36,166,600.00 Maintenance, Operation and Sick Leave _._.._,,___.__$ 34,124,741.00 Isolated Schools _.___._.___..__.___.._,,__._____.$ 42,047.00 Mid Term Adjustment ,,...__..______.._._..___.____$ 970,936.00 Salaries and Travel of Public Librarians ..._.__._.___$ 1,626,055.00 Total Vocational Education Grants .--....--_.._......_.$ 16,896,855.00 Alto Teachers Salaries __.___-___..._._._.__.,,..$ 176,772.00 Superintendents Salaries -____.._.--_..__._-__._._.....,,..$ 2,245,704.00 Teachers Retirement Employer Contribution _.._..._.$ 18,048,752.00 Fellowships for Teachers of Emotionally Disturbed
Children .____.__.._....,,________,,_______.___,,_$ Extended School Program .,,..._...__._,,._.._,,.._.__$ Capital Outlay ___________________________._..__..__.$ 814,513.00

Provided that a new object class shall be added to the Budget Report to read as follows:

Grants for operation of vocational rehabilitation workshops--development of Nephrology Cen ters .,,__..___._--___..____.__.__...__..____$

150,000.00

Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have renal diseases.

TUESDAY, MARCH 25, 1969

2877

Notwithstanding any other provisions of this Section to the contrary, the State Department of Education shall be authorized to allot funds provided under appropria tions for Section 11 of the Minimum Foundation Pro gram of Education Act to provide, in addition to those provided in the Budget Report, as amended, up to 125 teachers as provided in Section 20 of the Minimum Foundation Program of Education Act to staff classes exceptional children.

B. Capital Outlay--Authority Lease Rentals.

1969-70 ._..._._..__-_..__-_.___-___.____-._.$ 26,301,000.00 1970-71 ._--._-__._.-___._-_.___-_____$ 26,301,000.00

Changed objects:

Capital Outlay Grants ..__~__..__-$ 24,722,992.00

For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Authority (Schools) in acocrdance with Lease Rental Contracts.
Section 41. Educational Improvement Council.
1969-70 ___.__-_.__-_._._-..__-_...---_-..__---____.._..$ 110,655.00 1970-71 ___.---_..______._._-___.__._.-..__-__...$ 110,655.00
Changed objects:
Personal Services ......_._._..___._-$ 71,455.00
Section 42. Higher Education Assistance Committee.
1969-70 _....___.__.....__._-_____________-? 294,888.00 1970-71 ....._._-......__......___..__._.____.__.___.$ 294,888.00

Changed objects:

Personal Services -_____-- Operating Expenses ________

93,400.00 45,588.00

Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, includ-

2878

JOURNAL OF THE HOUSE,

ing the payment of medical scholarships as authorized by provision of the Georgia State Constitution.

1969-70 ...__----------_.__._______..___...__$ 201,726.00 1970-71 ---__---__.__._._.____.___--._$ 201,726.00

Changed objects:

Personal Services _.__-_______..$ 12,076.00

Section 44. State Board of Regents.
A. The general cost of operation of the Board; for aid to the University System; for Annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,0000.00; for the support of research and the cost of use and/or acquiring additions to plant and equipment for the Uni versity System; for the cost of Teachers' Retirement Em ployer contributions. Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any employer contribution to the Teachers Retirement Sys tem applicable to such salary.
1969-70 -.-----------------------__-____________$132,773,926.00
1970-71 __..-_--__.___-___----_----------------__--..---$132,773,926.00
Changed objects:
Personal Services ------------------------------__----$133,234,363.00
Operating Expenses ----------------------______.$ 35,321,000.00
Teachers Retirement Employer Contribution ...__.____$ 8,630,661.00
Capital Outlay ______________________________._____? 11,400,000.00
Authority Lease Rentals _____________------__.__....$ 15,863,500.00
Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gift, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriation, the amounts of $15,863,500.00 in 1969-70 and $15,863,500.00 in 1970-71 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Pro vided that the State Board of Regents shall, within the

TUESDAY, MARCH 25, 1969

2879<

first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commit ments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or ex penditure for educational and general or plant purposes until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and from any other source of in come shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00
per annum.

B. Eugene Talmadge Memorial Hospital -- State Board of Regents.
1969-70 __..______._______________.___________-_______.$ 5,882,800.001970-71 _......--._--___--_..-...__.__--....__--..,,_--_.-__.$ 5,882,800.00'
Changed objects:
Personal Services __________-______$ 8,076,000.00
Section 45. State Scholarship Commission.
1969-70 _________________________________._______$ 844,706.00 1970-71 ___-_.__________-__-_____________$ 844,706.00'
Changed objects:
Personal Services _______________.__$ 58,366.00
Section 46. Teachers' Retirement System. For the State contribution to the Teachers' Retirement Floor Fund.

2880

JOURNAL OF THE HOUSE,

1969-70 .........__._____.--._..____-._..__.___._____$ 347,000.00 1970-71 _.____________.______,,.___.____.....___......___$ 347,000.00

HEALTH AND WELFARE
Section 47. Public Welfare, Department of Family and Children Services.
A. For the cost of operation of the State Welfare Programs.
1969-70 ._.._______.-_._____.-.__.._......___........_...........__$ 3,335,050.00 1970-71 ----------.--.--__-____......_......_$ 3,335,050.00
B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1969-70 ......_._____.____.__._.___.._____$ 15,511,836.00 1970-71 __.__.......__,,...______-.___..______.._---$ 15,511,836.00
C. Benefits--AFDC Program. For matching federal funds to provide benefits to families with dependent chil dren.
1969-70 ......______..______._...__.__....__._-_...$ 11,716,743.00 1970-71 __---....______...__.___----___--$ 11,716,743.00
D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1969-70 ____.._,,-__.__-._.._.._.__._.__,,,,__......_...$ 1,539,021.00 1970-71 -__-__.__.__.._.__--____._...--..$ 1,539,021.00

Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the State Budget Bureau shall have au thority to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Senate.

E. Grants to Counties for administration and serv ices. For the cost of participating with the Federal gov ernment and counties in the administration of local wel fare programs.

TUESDAY, MARCH 25, 1969

2881

1969-70 _...-__________-____-_..________________________-_-$ 9,390,900.00 1970-71 -----_-----.-_-_----_-___...-__-..-_-_-_-$ 9,390,900.00

Changed objects:
Personal Services __._._.._._________$ 4,515,700.00 Operating Expenses ____...____._._.______..$ 1,203,000.00 Benefits _-_--____-_____________$146,292,500.00 Grants to Counties .----_____._____$ 26,244,000.00

F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned detention centers.
1969-70 ,,_----_---_--_-_-__-__$ 6,101,400.00
1970-71 ---_-_-__------_._--.-_.-__.______-_______.$ 6,101,400.00

Changed objects:
Personal Services _______________..____$ 3,698,800.00 Capital Outlay .._._._._.____..____.._,,.,,____$ 365,000.00

Provided, however, the $540,000.00 allotted under this Section for grants to county-owned detention cen ters shall be distributed to the several counties for oper ating expenses of the said centers without restriction.

G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.
1969-70 _.-_--___,,________________.____._._._._._..__.______$
1970-71 -_-_-_---______.________________._$

95,000.00 95,000.00

Changed objects:
Personal Services __,,.___________.__$ Capital Outlay ____..__._.________.__$

791,200.00 50,000.00

Section 48. Department of Public Health.

A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).

2882

JOURNAL OF THE HOUSE,

1969-70 _..----------__._ ___--------__----_$ 4,590,000.00 1970-71 .__-____-_______._._.--._-------$ 4,590,000.00

Provided that from the above appropriated amount $300,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to fi nance new projects.

Changed objects:

Authority Lease Rentals ____.._._.__$ 4,590,000.00

B. Battey State Hospital. For the cost of operation.

1969-70 ,_..__..._.._..._...__.___..._.._..._._._._.___--_$ 3,608,400.00 1970-71 __--------------------------_-----------___$ 3,608,400.00

Changed objects:

Personal Services --_----,,__._________---$ 4,016,400.00

C. Central State Hospital. For the cost of opera tion.

1969-70 _----------------------------------$ 29,479,399.00 1970-71 --------------.--------_----___._-._..._..__.$ 29,479,399.00

Changed objects:

Personal Services -_--__--___-_____,,__--_--$ 24,502,399.00

D. Georgia Mental Health Institute. For the cost of operation.

1969-70 ...................._._...__....._....._.,,___.__-__._.$ 4,762,364.00 1970-71 .._._._.._.____...._._.__.---_--__--__$ 4,762,364.00

Changed objects:

Personal Services ,,_.__._...___.__..$ 3,821,100.00 Operating Expenses .--------------------$ 1,275,000.00

E. Georgia Regional Hospital at Atlanta. For the cost of operation.

1969-70 .__._.._.__.._.___.._._.__.__._.__..____$ 3,772,160.00 1970-71 ----__-______________-----_---$ 3,772,160.00

TUESDAY, MARCH 25, 1969

2883

Changed objects:

Personal Services ....__......_..._..._..._$ 2,820,000.00

F. Georgia Regional Hospital at Augusta. For the cost of operation.
1969-70 .._.............._-_._.._._............._......______,,.______.$ 2,706,000.00 1970-71 --_---------_-__-.______________________________.$ 2,706,000.00

Changed objects: Personal Services _________________._._.._7__$ 2,015,000.00

G. Georgia Regional Hospitals at Columbus, Rome and Savannah. For the cost of development and opera tion.
1969-70 _.__________-______._-___.._--_____-$ 500,000.00
1970-71 -.--__-______---_-___-_..._,,__--_-_-_.-__---$ 500,000.00

Changed objects:
Personal Services ____._.,,_,,_._.._._.__._$ 300,000.00 Operating Expenses -_____,,___,,________________$ 200,000.00

Provided, that $100,000.00 of the above amount shall be allocated to complete the planning for and to com mence construction of the Columbus Regional Hospital.

H. Georgia Retardation Center. For the cost of op eration.
1969-70 ......__._._..__....__.__________._._.._$ 3,638,405.00 1970-71 _...__._____.___.____-_____,,_-_._..__$ 3,638,405.00

Changed objects: Personal Services ____-__--.__...._.$ 2,760,000.00

I. Gracewood State School and Hospital. For the cost of operation.
1969-70 ......_.._......__._.____._...__,,_.____.._,,_...$ 8,262,463.00 1970-71 ._-.._._.._._.___._.___._______.____.....$ 8,262,463.00

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JOURNAL OF THE HOUSE,

Changed objects:

Personal Services _______.___$ 6,812,463.00

J. Medical Assistance Program. For the cost of operation.

1969-70 _------___.____----_--.._.....__..__$ 20,652,387.00 1970-71 __.._________.___--------------__.$ 20,652,337.00

Changed objects:

Personal Services ___..____._._$ 477,592.00 Benefit Payments ......._....__._..___$ 69,593,689.00

K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and expended in the same manner as other public health funds, and in accordance with the provisions of the HillBurton Act, as amended, and the Mental Retardation Fa cilities and Community Mental Health Centers Construc tion Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.
1969-70 --------------------------__..,,_...___.._.._._$ 1,000,000.00
1970-71 --.___-----------------------------------$ 1,000,000.00

Changed objects: Operating Expenses ------__.._..--...$ 10,448,483.00

L. Regular Operations. For the cost of operation.

1969-70 _...._..____----------__._.__----..........._.$ 14,618,896.00 1970-71 ._...-__.___...__--------_____._...._...._.._..$ 14,618,896.00

Changed objects:

Personal Services ___-_.._._____$ 9,950,670.00
Operating Expenses ____.__.__..$ 5,259,092.00
Grants to County Health Unit ....__$ 6,843,399.00
Provided that of the above amount, at least $200,000.00 from Operating Expenses shall be used for Day Care Centers for the Mentally Retarded.

TUESDAY, MARCH 25, 1969

2885

M. Southwestern State Hospital. For the cost of operation.

1969-70 1970-71

5,564,166.00 5,564,166.00

Changed objects:

Personal Services ...._.._..__..___.__-$ 4,209,166.00

N. Water Quality Control Division. For the cost of operation.
1969-70 ....._...._.._..._.......___........._.._..__..__..-.____.$ 1970-71 ...._.__.._...._._.._._...___.__...._..._..._._._---?

380,948.00 380,948.00

Changed objects:

Personal Services ........................___.$ 391,748.00

Provided that for the purpose of receiving Federal matching funds under Titles XVIII and XIX of the So cial Security Act, each budget unit listed in this Section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in pay ment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX reimburse ments and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1969-71 for operating expenses and additional per sonnel as necessary to meet requirements for payment or reimbursement, subject to prior approval by the State Budget Bureau.

Section 49. State Nursing Home Board. For the cost of operation.

1969-70 1970-71

8,738.00 8,738.00

Changed objects:

Personal Services Operating Expenses

--0-- 8,738.00

Notwithstanding any other provisions of law to the contrary the costs of the operations of said board shall

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JOURNAL OF THE HOUSE,

be met out of the above appropriation, and the board shall not be authorized and shall not expend any other funds except as set forth herein.

HIGHWAYS

Section 50. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes re ceived by the State Treasurer in the immediately pre ceding year, less the amount of refunds, rebate and col lection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately pre ceding fiscal year and enter the full amount so deter mined on the records of the State as being the appro priation payable in lieu of the amount appropriated herein.

A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.

1969-70 _________,,___.._.____.___.____._._______$ 9,325,000.00 1970-71 _---------------_-$ 9,325,000.00

B. Capital Outlay--Authority Lease Rentals.
1969-70 _-..-.-.....-_..........-_..-.-_---..--.....---_--------$ 19,900,000.00 1970-71 ._.._..._.........._.-.______.--........-.....----------$ 19,900,000.00

For lease rental obligations of the Highway De partment to Georgia Highway Authority and the Geor gia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifi cally appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the

TUESDAY, MARCH 25, 1969

2887

Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the cost incident thereto (provided all expenditures for county contracts
shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department.

Maintenance and Betterments.

1969-70 _,,.___.__.._.___.______________-.._____._________,,___$ 43,436,344.00 1970-71 ___.__-_________.__._______________________._._______..__________.___.___$ 43,436,344.00

Planning and Construction.

1969-70 .-____,,_____.___.._.____.._._.,,.___.___.__.___,,_._______._____$ 55,322,393.00 1970-71 ........__.........._........._.....__.____-_.___------_______$ 55,322,393.00

Changed objects:

Capital Outlay ........._..-.........-.._.-..._..._...$127,200,853.00

D. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1969-70 _._..__.....--.-....__.._._...__.__......-__--_.._..........._$ 4,817,013.03 1970-71 .._...__..__._........_......_......_-_----__......__...............$ 4,817,013.03
E. For grants to counties for aid in county road construction and maintenance.
1969-70 ._______.__.__._______________$ 4,500,000.00 1970-71 .._____...--__._.........__._....._.._.._................._.._.._......$ 4,500,000.00

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Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law.

The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received
under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

OTHER
Section 51. Grants to Counties and Municipalities.
A. Grants to Municipalities. For grants to munici palities in accordance with the Act approved March 31, 1965, p. 458), as amended.
1969-70 .____.._______._,,._.....____.._..________.____._...._.____._._.____..._._____$ 9,317,000.00
1970-71 ...........__--...-............................-.................---...I 9,317,000.00
Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such munici pality in any future year.

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2889

B. Grants to counties.

1969-70 ...___.,,___.........__..,,.._.._...___.._____.__--_-? 2,700,000.00 1970-71 -.._,,,,_--_-...-__--________-__---? 2,700,000.00

Changed objects:

Operating Expenses: Grants to Counties _-_..._.___...__..$ 2,700,000.00

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888).

C. Grants to municipalities.

1969-70 __.._._..._...._.._._......._._.._-.._.____.._.___._..$ 3,700,000.00 1970-71 ...__..___..__.-......_..__.___.._...._.-.._._......f 3,700,000.00

Changed objects:

Operating Expenses: Grants to municipalities _.._.--._._..$ 3,700,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

PART IV.
MISCELLANEOUS
Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expendi ture of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1969-70 -..._--.,,..-_-_._._.__............,,..._.? 2,000,000.00
1970-71 -_.._._...._...._.....__..__..._._._.--....._-..........___$ 2,000,000.00
Section 53. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classifica tions following such term shall be changed to the amounts following such object classifications from the amounts listed in the Budget Report therefor. Such changes shall be for both fiscal years.

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JOURNAL OF THE HOUSE,

Section 54. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund cov ering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said whole sale distributor being engaged in retailing gasoline.

Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or in stitution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease contracts now in existence or as provided for in this Ap propriations Act between any department, agency or ininstitution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments re quired under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency, or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon Gen eral Funds.

Section 56. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as speci fied in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1969 session, except as otherwise specified in this Act; provided, however, the Director of the Bud get is authorized to make internal transfers within a bud get unit between objects and programs subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or
activity not currently having an appropriation, nor which

TUESDAY, MARCH 25, 1969

2891

would require operating funds or capital outlay funds be yond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to consider said trans fers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Com mittees of the Senate and House of Representatives of all instances revealed in his audit in which the object expenditures of any department, bureau, board, commis sion, institution or other agency of this State are in viola tion of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legis lative and judicial branches of the government, is au thorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 57. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction in the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

The amount of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget al lotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION 1969-70 ...._-_.-_-.._...J993,173,883.59 1970-71 ____.__-.-__$933,107,883.59

Section. 58. All laws and parts of laws in conflict with this Act are hereby repealed.

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Mr. Murphy of the 19th moved that the House disagree to the Senate sub stitute.

The motion prevailed, and the House disagreed to the Senate substitute to HB 77.

The following Resolutions of the House were read and adopted:

HR 441. By Mr. Caldwell of the 39th:
A RESOLUTION
Relative to the outstanding athletes produced by Robert E. Lee Institute; and for other purposes.
WHEREAS, for many years, Robert E. Lee Institute in Thomaston, Georgia, has been in the forefront of those educational institutions which have developed an outstanding athletic program; and
WHEREAS, as an example of the type of student athlete which is produced by Robert E. Lee Institute's athletic program, five seniors connected with the University of Georgia's football team have been produced by Robert E. Lee Institute; and
WHEREAS, Robert Dale Jones, a former student of Robert E. Lee Institute, is a trainer for the University of Georgia football team;
WHEREAS, Johnnie L. Caldwell, Jr., a graduate of Robert E. Lee Institute, is the senior manager of the University of Georgia football team; and
WHEREAS, Harold Madison Tarrer, Joseph Terry Osbolt and William Pruitt Woodall, Jr., were outstanding varsity members of the 1968 University of Georgia football team and contributed greatly to gaining for the school the honor of being Champions of the South eastern Conference; and
WHEREAS, all of the above named seniors, as well as being out standing athletes, are also outstanding scholars; and
WHEREAS, this is the first time that the University of Georgia has had five seniors connected with the football team who came from the same high school.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does by this Resolution honor these young men for their outstanding character and scholastic achieve ments as well as their exceptional athletic ability.

TUESDAY, MARCH 25, 1969

2893

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to prepare appropriate copies of this Resolution for presentation to each of these outstanding scholars and athletes.

HR 442. By Messrs. Smith of the 43rd, Busbee of the 61st and others:
A RESOLUTION
Commending Mr. Remer Tyson; and for other purposes.
WHEREAS, Mr. Remer Tyson, one of the finest political writers in the South, is leaving the Atlanta Constitution after 5-% years; and
WHEREAS, he has won four Associated Press news writing awards for his penetrating articles on local and State political issues; and
WHEREAS, in recognition of his journalistic ability, he was granted a Nieman Fellowship to study for one year at Harvard Uni versity; and
WHEREAS, he was previously associated with the Valdosta Times as city editor and the Columbia Ledger as state news editor and govern ment affairs reporter; and
WHEREAS, since he has been covering State Government for the Atlanta Constitution, he has reported the news clearly, accurately and in an unbiased manner; and
WHEREAS, his excellent reporting for the Atlanta Constitution will be missed by the thousands of readers of the "South's Standard Newspaper".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Remer Tyson for the impartial and able manner in which he has reported the State Government news and extends to him its best wishes for success in his future endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to Mr. Remer Tyson.

The Speaker announced the House recessed until 1:30 o'clock this afternoon.

AFTERNOON SESSION The Speaker called the House to order.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.

The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:

SB 104. By Senator Eldridge of the 7th:
A Bill to amend an Act authorizing the Superintendent of Purchasesto permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968, so as to au thorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.

The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:
SB 193. By Senators Coggin of the 35th and Smith of the 18th: A Bill to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, as amended, so as to remove the limitation on the number of motor vehicles which may be pur chased; to repeal conflicting laws; and for other purposes.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 611. By Mr. Matthews of the 63rd:
A Bill to repeal and Act known as the "Georgia Agricultural Com modities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section 11, Paragraph 1-A of" the Constitution as amended in 1968; and for other purposes.

TUESDAY, MARCH 25, 1969

2895

The President has appointed on the part of the Senate the following Senators: Spinks of the 9th, Rowan of the 8th, and Pennington of the 45th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide appropriations for the fiscal year beginning July 1, 1969; and for other purposes.

Mr. Paris of the 14th moved that the House insist on its position in dis agreeing to the Senate substitute, and the Speaker appoint a Committee of Conference on the part of the House to confer with a like Committee on the part of the Senate.

The motion prevailed, and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Floyd of the 7th, Busbee of the 61st, and Murphy of the 19th.

The following Resolutions of the House were read and adopted:

HR 394. By Messrs. Howell of the 60th and Brooks of the 17th:
A RESOLUTION
Creating the Property Classification Study Committee; and for other purposes.
WHEREAS, House Resolution No. 231 is pending in the General Assembly; and
WHEREAS, House Resolution No. 231 is a proposal to amend the Constitution so as to authorize the General Assembly to classify property for taxation purposes; and
WHEREAS, House Resolution No. 231 was postponed by the House of Representatives for consideration at the 1970 session of the General Assembly in order that this important legislation might be studied during the interim period.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Property Classification Study Committee" to be composed of seven members of the House to be appointed by the Speaker thereof. The Committee shall

2896

JOURNAL OF THE HOUSE,

make a thorough and exhaustive study into the advisability and all ramifications of perrmitting the General Assembly to classify property for taxation purposes. The Committee shall make a report of its find ings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The Committee shall be authorized to meet for a period not in excess of ten days. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative study com mittees.

HE 395. By Messrs. Jones of the 59th, McDaniell of the 117th and Buck of the 84th:
A RESOLUTION
Creating the Revenue Collection Study Committee; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Revenue Col lection Study Committee", to be composed of ten members of the House of Representatives to be appointed by the Speaker thereof. The Com mittee shall make a thorough and exhaustive study into the practices, procedures and agencies charged with the responsibility of collecting State revenue. The Committee shall be authorized to meet for a period not in excess of twenty days. The members of the Committee shall receive the per diem, allowances and compensation authorized for legislative members or interim study committees. The Committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished.

HR 443. By Messrs. Mauldin and Milford of the 12th:
A RESOLUTION
Commending the Franklin County High School band, majorette corps and flag corps; and for other purposes.
WHEREAS, the Franklin County High School band, directed by Mr. Charles "Bill" Martin, has received a superior rating in the State Music Festival for the past five years; and
WHEREAS, three to four members annually, during the past five years, have made the All-State band; and
WHEREAS, the band has made many public appearances, includ ing participating in Band Day at the University of Georgia, playing at a Braves' baseball game, and playing at least once during each year of the last five years before the Governor of Georgia; and

TUESDAY, MARCH 25, 1969

2897

WHEREAS, the majorette corps and flag corps, directed by Mrs. Charles "Bill" Martin, have also received a superior rating each year during the past five years in the State Music Festival; and

WHEREAS, these are truly remarkable feats.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Franklin County High School band, di
rected by Mr. Charles "Bill" Martin, and the majorette corps and flag corps, directed by Mrs. Charles "Bill" Martin, are hereby commended for their many outstanding achievements.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Franklin County High School, Mr. and Mrs. Charles "Bill" Martin, and to each member of the Franklin County High School band, majorette corps and flag corps.

HR 444. By Messrs. Rainey and Bowen of the 47th:
A RESOLUTION
Expressing sincerest regrets at the passing of the Honorable James (Jim) L. Dorough, Clerk of the Superior Court of Crisp County; and for other purposes.
WHEREAS, the Honorable James (Jim) L. Dorough, Clerk of the Superior Court of Crisp County for twenty-nine years, passed away on the morning of Tuesday, March 18, 1969, at the age of seventy-five years; and
WHEREAS, he was elected to his first of eight four-year terms in the Fall of 1940; and
WHEREAS, in his capacity as Clerk of the Superior Court, he served the residents of Crisp County in a dedicated and honorable manner, and he was highly respected by the legal practitioners and citizens thereof; and
WHEREAS, he was recognized by his fellow Superior Court Clerks to be one of the most outstanding men to ever hold such office in Georgia; and
WHEREAS, in addition to his public service, he was an active member of the Third Street Baptist Church, and he contributed his services and talents to the American Legion and other worthwhile community activities; and
WHEREAS, he served admirably and honorably in the United States Navy during World War I.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest regrets at the passing of the Honorabe James (Jim) L. Borough, and offers its deepest sympathy and condolences to his lovely wife.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Mrs. James Dorough, Cordele, Georgia.

HR 445. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A RESOLUTION
Commending the Citizens Voters League; and for other purposes.
WHEREAS, the Citizens Voters League of Augusta, Georgia, is one of the most outstanding and dedicated civic organizations in Rich mond County and the State of Georgia; and
WHEREAS, the members of said organization are completely dedicated to the improvement of their community and are very active in political affairs and in keeping the people informed regarding their rights, duties and responsibilities as citizens of their city, county, State and country; and
WHEREAS, said organization acts as a vehicle for organizing the energies of politically aware citizens into constructive and effective channels which benefit all citizens as well as the members of said organization; and
WHEREAS, said organization makes a valuable contribution to improving democratic processes by making government more responsive to and representative of the will of the people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Citizens Voters League for performing an outstanding public service.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is hereby authorized and directed to transmit and ap propriate copy of this Resolution to the Citizens Voters League.

HR 446. By Messrs. Connell and Dent of the 79th and Miles of the 78th: A RESOLUTION
Commending the Augusta Political Club; and for other purposes. WHEREAS, the Augusta Political Club is one of the most out-

TUESDAY, MARCH 25, 1969

2899

standing and dedicated civic organizations in Richmond County and the State of Georgia; and

WREREAS, the members of said Club are completely dedicated to the improvement of their community and are very active in political affairs and in keeping the people informed regarding their rights, duties and responsibilities as citizens of their city, county, State and country; and

WHEREAS, said Club acts as a vehicle for organizing the energies of politically aware citizens into constructive and effective channels which benefit all citizens as well as the members of said Club; and

WHEREAS, said Club makes a valuable contribution to improving democratic processes by making government more responsive to and representative of the will of the people.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Augusta Political Club for performing an outstanding public service.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Augusta Political Club,

HR 447. By Messrs. Dent and Connell of the 79th, Sherman of the 80th, Maxwell, Simkins and Miles of the 78th:
A RESOLUTION
Commending the Augusta-Richmond County Voters League; and for other purposes.
WHEREAS, the Augusta-Richmond County Voters League is one of the most outstanding and dedicated civic organizations in Richmond County and the State of Georgia; and
WHEREAS, the Augusta-Richmond County Voters League was organized six years ago for the purpose of encouraging the people of Augusta and Richmond County to register and vote in city, county, State and national elections and thereby exercise the most basic right that citizens of a democratic society have; and
WHEREAS, the members of said organization have served with complete dedication by donating their time and energies in voter regi stration drives and in getting citizens to the polls on election days; and
WHEREAS, said organization makes a valuable contribution to improving democratic processes by making government more respon sive to and representative of the will of the people.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Augusta-Richmond County Voters League for performing an outstanding public service.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Augusta-Richmond County Voters League.

HR 448. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A RESOLUTION
Commending the Progressive Political Club; and for other purposes.
WHEREAS, the Progressive Political Club of Augusta, Georgia is one of the most outstanding and dedicated civic organizations in Richmond County and the State of Georgia; and
WHEREAS, the members of said Club are completely dedicated to the improvement of their community and are very active in political affairs and in keeping the people informed regarding their rights, duties, and responsibilities as citizens of their city, county, State and country; and
WHEREAS, said Club acts as a vehicle for organizing the energies of politically aware citizens into constructive and effective channels which benefit all citizens as well as the members of said Club; and
WHEREAS, said Club makes a valuable contribution to improving democratic processes by making government more responsive to and representative of the will of the people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Progressive Political Club for performing an outstanding public service.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Progressive Political Club.

HR 449. By Mr. Connell of the 79th:
A RESOLUTION
Commending, with certain stipulations, the "Mustard Shop"; and for other purposes.

TUESDAY, MARCH 25, 1969

2901

WHEREAS, the "Mustard Shop" is a place in Augusta, Georgia, where many local politicians and other disreputable persons meet todiscuss local, State, national, international and universal problems; and

WHEREAS, solutions to all of these problems are usually quickly found at each meeting but the problem of getting the appropriate people to adopt and implement the solutions found continues to be knotty and unsolved; and

WHEREAS, on rare occasions, it is necessary to retire to th& "Onion Department" and partake of a "Cat and Dog Breakfast" before solutions to a few universal problems are found, because of the narrow and localistic view of some participants, particularly 92, 99 and 601 (in the order of extreme localism); and

WHEREAS, universal problems were the most easily solved when the picture of "Smilin' Jack", the most universal of all participants, adorned the walls, but unfortunately, in a hasty, ill-considered, con spiratorial and contrived action, said picture was removed, thus taking away the inspiration for conditioned response type solutions to universal problems.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the "Mustard Shop" of Augusta, Georgia, is hereby commended effective when the following conditions have been complied with:

(1) That the picture of "Smilin' Jack" be enlarged at least 10times, properly framed (a gold frame would be acceptable) and forth with restored to its place of honor on the west wall; and

(2) that the participants in the activities of the "Mustard Shop" adopt a resolution, with no dissenting votes of record, supporting "Smilin' Jack" for Governor of Georgia.

The following Resolution of the House was read and referred to the Com mittee on Local Affairs:

HR 450. By Messrs. Dodson of the 82nd and Clarke of the 33rd:
A RESOLUTION
Creating "Local Government Needs Study Committee"; and for other purposes.
WHEREAS, municipalities are creatures of the State and operate under charters granted by the General Assembly; and,
WHEREAS, municipalities provide services to its citizens which are essential to the health, safety, progress and growth of the State; and,.

2902

JOURNAL OF THE HOUSE,

WHEREAS, State-local government partnerships should be re viewed periodically and continuous efforts should be made to strengthen this relationship; and,

WHEREAS, the municipalities of this State in a recent study indicated a blackleg of needed municipal improvements and services of $283 million for the next twelve months and approximately $1.4 billion in new revenue requirements for the next five years; and,

WHEREAS, of these new revenue requirements, $105.4 million for the next year, and $855.8 million for the next five years, must come from additional taxes imposed upon the present sources of revenue, or from new sources of revenue; and,

WHEREAS, certain counties are experiencing unprecedented urban problems which demand solution in the public interest; and,

WHEREAS, it is desirable to make a comprehensive study relative to the needs of the municipalities and urban areas of this State and to finding ways and means of assisting municipalities in meeting their needs; and,

WHEREAS, alternative means for relieving the ad valorem tax as the major source of revenue for providing municipal services and improvements should be studied.

NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives of Georgia that there is hereby created the "Local Govern ment Needs Study Committee" to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The Committee shall review all matters relative to the State-local government partnership and shall recommend areas for improved in tergovernmental cooperation.

The Committee shall make a comprehensive study relative to the sources of taxation available to the municipalities of this state. It shall consider the need to open additional avenues of taxation to the munici palities of this State other than the field of ad valorem taxation. It shall make all other inquiries, studies, and investigations which are
necessary to determine the needs of municipalities, the inequity or fairness of the present procedures followed relative to meet present needs; and the sources of additional revenue which might be available to meet future needs of municapilities. The Committee shall study all matters relative to the needs of municipalities, ways and means to re lieve the economic burden on the property tax for providing expensive municipal services and improvements, and shall recommend such legis lation as it deems necessary.

The Committee shall state its findings and conclusions in a report to the House of Representatives on or before December 31, 1969, at which time the Committee shall stand abolished. The Committee shall work with any corresponding committee created by the State Senate.

TUESDAY, MARCH 25, 1969

2903

The members of the Committee shall receive the expenses and allowances which are authorized to legislative members of interim, committees, but for no longer than ten days unless an extension is granted by the Speaker of the House, from funds appropriated to or available to the Legislative Branch of the Government.

Mr. Davis of the 86th requested that the following communication be re corded in the Journal:

SUPERVISOR OF PURCHASES 142 State Capitol
Atlanta, Georgia 30334

C. Clayton Turner Supervisor of Purchases

MEMORANDUM:

TO: Representative Earl Davis

FROM: C. Clayton Turner, Supervisor of Purchases

This is to confirm the fact that until you came to my office about noon of March 25, 1969 with House Bill Vehicle Committee Substitute to Senate Bill 104, I had not seen the substitute prior to your entering my office.

I did tell you that the substitute bill, as originally offered, would neces sitate three (3) times more help, if it should pass, in my office than the present staff which I have, and it had been reported to House members prior, that we were understaffed for the heavy work load we are now operating under.

March 25,1969

/s/ C. Clayton Turner Supervisor of Purchases

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 104. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act relating to the Superin tendent of Purchases so as to authorize the purchase of motor vehicles.

2904

JOURNAL OF THE HOUSE,
for political subdivisions in the name of the State, and for other purposes.

Mr. Peterson of the 41st moved that the House insist on its position in substituting SB 104.

Mr. Davis of the 86th objected.

On the motion to insist, the ayes were 91, nays 7.

The motion prevailed, and the House insisted on its position in substituting

SB 104.

,,

Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

.SB 126. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize insurance coverage of all of the employees of the State of Georgia for the receipt of benefits as pre scribed by the Workmen's Compensation statutes of the State of Geor gia, and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Industrial Relations moves to amend Senate Bill No. 126 as follows:
By inserting in the title and in Section 1 immediately after the phrase "the employees of the State of Georgia" the following:
", except employees of the State Highway Department,".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 25, 1969

2905

Those voting in the affirmative were Messrs.

Alexander Anderson Athertoni Barber Barfield Battle Bell Bennett Berry Black Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Gates Cato Chandler Cole Collier Collins, M. Collins, S. Col^ell Conger Connell Conner ,Cook Crowe
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dickinson
Dixon
Dodson
Dorminy
Douglas
Edwards
Egan
Ellis
Evans
Ezzard
Fallin

Farrar Floyd, J. H. Floyd, L. E. Funk Gary Gaynor Geisinger Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen
Keyton
Knapp
Knowles
Kreeger
Lambert
Lane, W. J.
Lee, W. S.
Leonard
Le vitas
Lewis
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey

McDaniell Melton Merritt Miles Milford Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patter son Peterson Peters Phillips, W. R. Pickard Potts Rainey Reaves Roach Ross Rowland Salem Scarlett Shanahan Shepherd Sherman Simkins
Simmons
Sims
Smith, V. T.
Snow
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Vaughn
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Wilson

2906

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams

Lane, Dick

Winkles

Those not voting were Messrs.:

Ballard Blalock Bond Bostick Bowen Brown, B. D. Caldwell Games Clarke
Cooper DeLong Farmer Felton Gignilliat Gunter

Hamilton Harris, J. F. Hawes Higginbotham Holder Jones, C. M. Lee, W. J. (Bill) Longino McCracken Miller Moate Moore Odom Pafford Phillips, G. S.

Phillips, L. L. Pinkston Poole Rush Russell Scarborough Smith, J. R. Sorrells Townsend Wamble Williams Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, and others:
A Bill to be entitled an Act to create the Institute for Research in BioTechnology, and for other purposes.

The report of the Committee, which was favorable to the passage of theBill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was asfollows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber

Barfield Battle Bell Bennett Berry Black

Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks

Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dodson
Dorminy
Edwards
Egan
Ellis
Evans
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves

TUESDAY, MARCH 25, 1969

2907

Gunter Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert
Lane, Dick
Lee, W. J. (Bill)
Lee, W. S.
Leonard
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Miller

Moore Morris Mullinax Nash Nessmith Northcutt Nunn Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Salem Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, V. T.
Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Townsend
Vaughn
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Wilson
Winkles
Wood

Those voting in the negative were Messrs Douglas and Paris.

2908

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Blalock Bostick Bowen Games Clarke DeLong Dickinson
Hadaway Hamilton Hill Holder

Jones, C. M. Keyton Lane, W. J. Levitas Lewis McCracken Moate
Murphy Odom Pafford Phillips, L. L.

Poole Rowland Rush Russell Scarborough Simkins Smith, J. R.
Wamble Whaley Williams Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Levitas of the 77th requested that he be recorded as having voted for the passage of SB 263.

SB 215. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act relating to trial procedures in civil cases so as to provide that a third-party complaint shall have attached thereto, as exhibits, a copy of the original complaint and all other pleadings in the case; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle
Bell Berry

Black Bohannon Bond Brantley, H. H. Bray Brooks Brown, B. D. Brown, C.
Buck Burruss

Busbee Gates Cato Chandler Cole Collier Collins, M. Collins, S.
Colwell Conger

Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans "Ezzard Fallin Farrar Felton ,;Floyd,J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes

TUESDAY, MARCH 25, 1969
Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldini McClatchey McDaniell Melton Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash

2909
Nessmith Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Salem Scarlett Shanahan Shepherd Simmons Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Bennett Blalock Bostick Bowen Brantley, H. L. Caldwell 'Games

Clarke Farmer Hadaway Hamilton Housley Howell Jones, C. M.

Keyton Lambert Matthews, C. Maxwell McCracken Miles Northcutt

2910
Odom Phillips, L. L. Pickard Poole Rush

JOURNAL OF THE HOUSE,

Russell Scarborough Sherman Simkins Sims

Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and London of the 50th:
A Resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as folows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Gates

Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson

Dorminy Douglas Edwards Egan Ellis Evans Ezzard Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hale Hargrett Harrington Harris, J. F.

Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino

TUESDAY, MARCH 25, 1969
Lowrey Mason Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Moate Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Potts

2911
Rainey Reaves Roach Rowland Salem Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Townsend Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles

Those voting in the negative were Messrs.:

Cato Conger

Morris Whaley

Wood

Those not voting were Messrs.:

Berry Blalock Brantley, H. H. Brooks Caldwell Carnes Farmer Gunter Hadaway
Hamilton
Henderson
Holder

Housley Howell Keyton Knapp Lambert Marcus Matthews, C. 'Matthews, D. R. McDaniell
Miller
Moore
Phillips, L. L.

Pinkston Poole Ross Rush Russell Scarborough Simkins Smith, J. R. Thompson, A. W
Wamble
Wilson
Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 5.

2912

JOURNAL OF THE HOUSE,

The Eesolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 207. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compen sation of the chief deputy; and for other purposes.

The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HB 207

The Conference Committee on HB 207 recommends the following:

That the House and Senate recede from their respective positions and that the attached substitute bill be adopted.

FOR THE SENATE:
Roy V. Noble Senator, 19th District
Joseph E. Kennedy Senator, 4th District
Martin Young Senator, 13th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
Jimmy Conner Representative 56th District
J. Crawford Ware Representative 30th District
William J. Lee Representative, 21st District

A BILL
To be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2046), so as to change the compensation of the sheriff; to change the compensation of the chief deputy; to change the com pensation of the office clerk; to authorize the furnishing of uniforms to the sheriff's office; to authorize the governing authority of Jeff Davis County to provide an additional deputy and one automobile for the sheriff's office in their discretion; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 25, 1969

2913

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act placing the sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2046), is hereby amended by striking from Section 2 the symbol and figures "$8,000.00" and substituting in lieu thereof the symbol and figures "$10,500.00", so that when so amended Section 2 shall read as follows:
"Section 2. The sheriff of Jeff Davis County shall receive an annual salary of $10,500.00, payable in equal monthly installments from the funds of Jeff Davis County."
Section 2. Said Act is further amended by striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. The sheriff of Jeff Davis County shall have the power and authority to appoint a chief deputy sheriff and to fix his compensation at not less than $498.00 per month. In addition, the sheriff is authorized to employ an office clerk who shall be com pensated in the amount of $75.00 per week. Such personnel's com pensation shall be paid from the funds of Jeff Davis County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed, as provided above, and to prescribe their duties and assignments and to remove or replace such personnel at will and within the sole discretion of the sheriff."
Section 3. Said Act is further amended by inserting in the second sentence of Section 6 between the words "utilities" and "and" the follow ing: ", uniforms", so that when so amended Section 6 shall read as follows:
"Section 6. Jeff Davis County shall furnish two automobiles for the use of the sheriff and his deputies, which automobiles shall be the property of Jeff Davis County. Such automobiles shall be used for official business and the gas, oil and upkeep of said auto mobiles shall be paid from the funds of Jeff Davis County. All supplies, materials, furnishings, furniture, utilities, uniforms and equipment, except as hereinbefore provided, and the repair, re placement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county avail able for such purpose. The governing authority of Jeff Davis County shall be responsible for feeding the prisoners confined in the county jail."

Section 4. Said Act is further amended by inserting between Sections 6 and 7 a new Section 6A and to read as follows:

"Section 6A. The governing authority of Jeff Davis County is authorized to provide an additional deputy and one additional

2914

JOURNAL OP THE HOUSE,
automobile for the use of the sheriff's office if, in the discretion of the governing authority, such additional deputy and automobile are required. Such additional deputy shall receive such com pensation as shall be fixed by the governing authority of Jeff Davis County."
Section 5. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otheriwse becomes law.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ware of the 30th moved that the House adopt the report of the Commit tee of Conference.

On the motion to adopt, the ayes were 117, nays 0.

The report of the Committee of Conference on HB 207 was adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 210. By Mr. Conner of the 56th:
A Bill to be entitled an Act to change the compensation of the clerk of the superior court of Jeff Davis County from the fee system to an an nual salary; and for other purposes.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HB 210
The Conference Committee on HB 210 recommends the following:
That the Senate and House recede from their respective positions and that the attached substitute bill be adopted.

Respectfully submitted,

FOR THE SENATE:
Roy V. Noble Senator, 19th District
Joseph E. Kennedy Senator, 4th District
Martin Young Senator, 13th District

FOR THE HOUSE OF REPRESENTATIVES:
Jimmy Conner Representative, 56th District
J. Crawford Ware Representative, 30th District
William J. Lee Representative, 21st District

TUESDAY, MARCH 25, 1969

2915

A BILL

To be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County, known as the fee system; to provide in lieu thereof annual sal aries for such officers; to provide that all fees, costs or other emolu ments of each said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to pro vide for periodic statements; to provide for the payment of the operating expenses of said offices; to provide for the employment of deputies, clerks, assistants and all required personnel by such officers; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County, known as the fee system, is hereby abolished, and in lieu thereof, annual sal aries for such officers are prescribed as hereinafter provided.

Section 2. The Clerk of the Superior Court shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Jeff Davis County.

Section 3. The Tax Commissioner shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Jeff Davis County.

Section 4. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the country treasury. The statement shall show the respective amounts of money; collected and the source thereof.

Section 5. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for
which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain per-

2916

JOURNAL OP THE HOUSE,

centage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.

Section 6. The clerk is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $75.00 per week. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

Section 7. The tax commissioner is authorized to employ such per sonnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $75.00 per week. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

Section 8. During the period of the year in which the workload within the tax commissioner's office shall become particularly heavy, the governing authority of Jeff Davis County may authorize the tax commissioner to employ such additional clerical personnel as the govern ing authority may authorize and such personnel shall receive such com pensation for their services as the governing authority shall fix.

Section 9. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenace thereof, as may be reason ably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Jeff Davis County.

Section 10. The official bonds of each of said officers, and the
respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds avail able for that purpose.

Section 11. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

TUESDAY, MARCH 25, 1969

2917

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Nessmith of the 44th moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the ayes were 117, nays 0.

The report of the Committee of Conference on HB 210 was adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Com modities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 611
The Conference Committee on HB 611 recommends the following:
(1) That the Senate recede from its position on the amendment offered to Section 17.
(2) That the Senate amendment to Section 17 (i) be adopted, with the following amendment:
"By inserting in the first sentence of said amendment, between the words 'highest' and 'interest' the word 'bank'."
(3) That the House recede from its position on the amendment to Section 19 (k).

2918

JOURNAL OP THE HOUSE,

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Brooks Pennington Senator, 45th District
Robert A. Rowan, Senator, 8th District
Ford B. Spinks Senator, 9th District

Paul E. Nessmith, Sr. Representative, 44th District
Marcus E. Collins Representative, 62nd District
Henry L. Reaves Representative, 71st District

Mr. Nessmith of the 44th moved that the House adopt the report of the Committee of Conference.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Black Bohannon Bond Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burrus Busbee Caldwell Gates Chandler Cole Collier Collins, M. Colwell Connell Conner
Cook Cooper

Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Hadaway

Hargrett Harrington Harris, J. F. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas
Longino

Lowrey Mason Mauldin McClatchey McCracken McDaniell Melton Merritt Milford Miller Morris Mullinax Murphy Nash Nessmith Nunn Pafford Paris Parker, C. A.

TUESDAY, MARCH 25, 1969

2919

Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Scarlett Shanahan Shepherd Simrnons Sims

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.:

Carnes Cato

Conger Marcus

Moate Winkles

Those not voting were Messrs.:

Adams Berry Blalock Bostick Bo wen Brantley, H. H. Clarke Collins Farmer Geisinger Gunter Hale

Hamilton Harris, J. R. Harris, R. W. Holder Howell Johnson Keyton Lambert Lewis Matthews, C. Matthews, D. R. Maxwell Miles Moore

Odom Phillips, L. L. Poole Rush Russell Salem Scarborough Sherman Simkins Smith, J. R. Thompson, A. W. Townsend Wamble Mr. Speaker

On the motion, the ayes were 149, nays 6.

The motion prevailed, and the report of the Committee of Conference on HB 611 was adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

2920

JOURNAL OP THE HOUSE,

HB 253. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HB 253
The Conference Committee on HB 253 recommends the following:
That the Senate and House recede from their respective positions and that the following amendment be adopted to said bill:

(1) By striking from the title of said bill the following:
"an itemized account of receipts and expenditures for the pre ceding three month period",
and substituting in lieu thereof the following:
"an itemized account of expenditures":.

(2) By striking in its entirety subsection (2) of quoted Section 15-A, which Section is quoted in Section 2 of said bill, and substituting in lieu thereof a new subsection (2) to read as follows:
(2) "The County Commissioner shall publish an itemized list of all warrants and checks issued for each immediately preceding four months period within 30 days following each period, commenaing April 1, 1969. The itemized list shall be posted on the bulletin board of the Gordon County Courthouse and maintained thereon for at least 30 days."
Respectfully submitted,

FOR THE SENATE:
Jack C. Fincher Senator, 51st District
Culver Kidd Senator, 25th District
Maylon K. London Senator, 50th District

FOR THE HOUSE OF REPRESENTATIVES:
Tom L. Shanahan Representative 8th District
Billy Lee Representative, 61st District
Ben B. Ross Representative, 26th District

Mr. Shanahan of the 8th moved that the House adopt the report of the Com mittee of Conference.

TUESDAY, MARCH 25, 1969

2921

On the motion, the ayes were 117, nays 0.

The report of the Committee ol Conference on HB 253 was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Coggins of the 35th, Holloway of the 12th, and Plunkett of the 30th.

The Senate has agreed to the House amendment, as amended by the Senate, to the following Bill of the Senate, to-wit:

SB 21. Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd, and others:
A Bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.

The Senate has agreed to the House amendment to the following Bills of the Senate, to-wit:

SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others:
A Bill to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation; and for other purposes.

2922

JOURNAL OF THE HOUSE,

SB 179. By Senators Chapman of the 32nd, Hardy of the 56th, and Pincher of the 54th:
A Bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal laws in conflict herewith; and for other purposes.

SB 196. By Senator London of the 50th:
A Bill to abolish the present mode of compensating the ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 197. By Senator London of the 50th:
A Bill to abolish the present mode of compensating the clerk of the superior court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; and for other purposes.

SB 198. By Senator Trippe of 31st:
A Bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; to repeal con flicting laws; and for other purposes.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 85. By Senator Hensley of the 33rd:
A Bill to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to make regulations for installation, construction and maintenance of any public utility Project; to make violation a misdemeanor; to repeal conflicting laws; and for other purposes.

The Senate recedes from its amendment to the following Bill of the House, to-wit:

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A Bill to add one additional judge of the superior courts of the South ern Judicial Circuit of Georgia; and for other purposes.

TUESDAY, MARCH 25, 1969

2923

The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

SB 281. By Senator Holley of the 22nd:
A Bill to amend Code Chapter 84-2, relating to certification of account ants, as amended, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 253. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.

Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 202. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law of Georgia", so as to remove the provisions relating to private banks, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Atherton Barber Battle Bell Berry Brantley, H. H. Brantley, H. L. Brown, B. D.

Buck Burruss Carnes Chandler Cole Collins, S. Colwell Connell Crowe

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon

2924
Douglas Egan Ellis Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gaynor Geisinger Gignilliat Hargrett Harrington Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley

JOURNAL OF THE HOUSE,

Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lee, W. S. Levitas Lowrey Marcus Mason Maxwell McClatchey McCracken McDaniel Morris Nash Nunn Peters

Phillips, G. S. Pinkston Rowland Russell Scarlett Shanahan Shepherd Sherman Simkins Sims Snow Sweat Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.:

Adams Anderson Ballard Barfield Bohannon Bray Brooks Brown, C. Gates Cato Collins, M. Cooper Dodson Dorminy Evans Tallin Gary Grahl

Graves Harrison Holder Hood Howell Hudson Johnson Joiner Jordan, G. Lane, W. J. Lee, W. J. (Bill) Lewis Longino Matthews, C. Mauldin Melton Milford Mullinax

Northcutt Pafford Parker, C. A. Patterson Phillips, W. R. Potts Rainey Reaves Roach Ross Salem Sorrells Toles Whaley Wilkerson Wood

Those not voting were Messrs.:

Bennett Black Blalock Bond Bostick Bowen Busbee

Caldwell Carnes Clarke Collier Conger Conner Cook

Dailey Edwards Floyd, J. H. Gunter Hadaway Hale Hamilton

TUESDAY, MARCH 25, 1969

2925

Harris, R. W. Knapp Lane, Dick Leonard Matthews, D. R. Merritt Miles Miller Moate

Moore Murphy Nessmith Odom Paris Parker, H. W.
Peterson Phillips, L. L.
Pickard

Poole Rush Scarborough Simmons Smith, J. R. Smith, V. T. Ware Winkles
Mr. Speaker

On the passage of the Bill, the ayes were 95, nays 52.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Harris of the 77th gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 202.

SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th: A Bill to be entitled an Act to amend Code Title 56, known as the "Geor gia Insurance Code", so as to make certain changes in regards to hos pital care; and for other purposes.
An amendment, offered by Mr. Ware of the 30th, was read and lost.
The following amendments were read and adopted:
Mr. Gaynor of the 88th moves to amend SB 41 as follows:
By inserting in the title before the phrase "to repeal conflicting laws;" the following:
"to provide that, when certain individual contracts and certain group or blanket contracts of accident and sickness insurance pro vide benefits for hospital care, there may be included within the scope of coverage hospital care rendered on account of mental ill nesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia;".
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.
By adding a new Section 3 to read as follows:
Section 3. Said Title is further amended by adding at the end of Code Section 56-1706, relating to extension of hospital serv ice, the following:

2926

JOURNAL OF THE HOUSE,

'When an individual contract or a group or blanket contract of accident and sickness insurance, except contracts providing special coverage for limited diseases, accident protection only or dental contracts, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psy chiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the contract, a statement that the con tract does not cover mental illnesses shall be (1) printed in the contract in bold-face type or stamped on the face of the contract and (2) printed or stamped on any identification card issued pur suant to any such contract.' "

Mr. McClatchey of the 113th moves to amend SB 41 by striking the words "in bold face type" in Sections 1 and 2.

Mr. McClatchey of the 113th moves to amend SB 41 by changing the word "and" in next to last line of Sections 1 and 2 to the word "or".

The following amendment was read:
Messrs. Brantley of the 114th and Harris of the 77th move to amend SB 41 as follows:
By adding in the caption before the phrase "to repeal conflicting laws;" the following: "to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that when ever any group or blanket accident and sickness insurance policy or con tract provides for reimbursement for any service which is within the lawful scope of an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist when prescribed by a physician;".
By adding a new Section 3 to read as follows: "Section 3. Code Chapter 56-31, relating to group and blanket accident and sickness insur ance, is hereby amended by adding at the end thereof a new Section to be designated Section 56-3111 and to read as follows: "56-3111. Policies providing reimbursement for services within the scope of practice of an applied psychologist. Notwithstanding any provision of any group or blanket accident and sickness insurance policy or contract hereafter issued, delivered, renewed or amended in this State, whenever such pol icy or contract provides for reimbursement for any service which is with in the lawful scope of practice of an applied psychologist who is duly licensed pursuant to the Act making provision for the licensure of ap plied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, any person covered under any such policy or contract shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist when the services of such psychologist are prescribed by a physician."

TUESDAY, MARCH 25, 1969

2927

By renumbering Sections 3 and 4 as Sections 4 and 5.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Barber Battle Bell Berry Black Bond Brantley, H. H. Bray Brown, B. D. Burruss Cato Cole Collins, S. Conger Connell D alley Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Douglas Ellis Evans Ezzard Farrar

Floyd, L. R. Gaynor Graves Hadaway Hargrett Harris, J. P. Harris, J. R. Hawes Henderson Hill, B. L. Hood Horton Housley Hudson Johnson Jones, M. Jordan, G. Jordan, H. S. Kreeger Lans, W. J. Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin McDaniell Miles

Milford Moate Nash Northcutt Nunn Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Ross Russell Shanahan Shepherd Simmons Sims Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.

Adams Atherton Bohannon Bowen Brantley, H. L. Brown, C. Games Gates Chandler Clarke
Collins, M. Colwell Cook

Cooper Crowe Davis, W. DeLong Dickinson Dixon Dodson Dorminy Egan Fallin Farmer
Felton Gary

Geisinger Grahl Harrison Holder Howell Jones, Herb Keen Knapp Knowles Lane, Dick Lee, W. J. (Bill) Lee, W. S.

2928
Longino McClatchey Melton Merritt Moore Mullinax Odom

JOURNAL OP THE HOUSE,

Potts Rainey Reaves Sherman Simkins Smith, J. R. Sweat

Townsend Wamble Ware Westlake Whaley Wilkerson Winkles

Those not voting were Messrs.:

Barfield Bennett Blalock Bostick Brooks Buck Busbee Caldwell Collier Conner Edwards
Ployd, J. H. Funk Gignilliat
Gunter Hale Hamilton

Harrington Harris, R. W. Higginbotham Hill, G. Hutchinson Joiner
Jones, C. M. Keyton Lambert Leonard Matthews, D. R. Maxwell McCracken
Miller Morris Murphy Nessmith

Pafford Parker, H. W. Phillips, L. L. Pickard Poole Roach Rowland Rush
Salem Scarborough Scarlett Smith, V. T. Snow Sorrells Wood Mr. Speaker

On the adoption of the amendment, the ayes were 86, nays 59.

The amendment was adopted.

Mr. Conger of the 68th moved that SB 41 be tabled.

The motion to table was lost. Mr. Egan of the 116th moved that the amendments to SB 41 be printed. On the motion to print, the ayes were 40, nays 70.

The motion to table was lost.

TUESDAY, MARCH 25, 1969

2929

Mr. Gaynor of the 88th moved that the House reconsider its action in failing to adopt the following amendment:

Mr. Ware of the 30th moves to amend SB 41 as follows: By inserting in the title before the phrase "to repeal conflicting laws;" the following: "to provide and effective date;". By renumbering Section 4 as Section 5. By adding a new Section 4 to read as follows: "Section 4. This Act shall become effective on July 1,1970."

On the motion to reconsider, the ayes were 80, nays 35.

The House reconsidered its action in failing to adopt the Ware amendment.

The Ware amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Barber Barfield Bell Bennett Berry Black Bond Bo wen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C.

Busbee Caldwell Gates Chandler Clarke Collins, S. Connell Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong

Dent Dickinson Dixon Dodson Dorminy Douglas Egan Evans Ezzard Fallin Farrar Felton Floyd, L. R. Gary Grahl

2930
Graves Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Hawes Henderson Hill, B. L. Hill, G. Holder Hood Housley Hudson Johnson. Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Lane, W. J. Lee, W. J. (Bill) Levitas Lewis

JOURNAL OF THE HOUSE,

Longino Lowrey Marcus Mason Matthews, C. McDaniell Melton Merritt Miles Moate Moore Morris Nash Nessmith Northcutt Nunn Paris Parker, C. A. Peters Peterson Phillips, W. R. Pickard Pinkston Rainey Roach

Ross Rowland Salem Scarborough Scarlett Shanahan Sherman Simkins Simmons Sims Smith, J. R. Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson

Those voting in the negative were Messrs.

Adams Atherton Ballard Bohannon Brantley, H. L. Carnes Cato Cole Colwell Conger Cook Crowe Ellis

Farmer Gaynor Geisinger Harrison Howell Joiner Jones, Herb Keyton Kreeger Lane, Dick Lee, W. S. Mauldin McClatchey

McCracken Milford Mullinax Odom Pafford Patterson Phillips, G. S. Potts Reaves Russell Townsend Wamble Winkles

Those not voting were Messrs.:

Battle Blalock Bostick Buck Burruss Collier Collins, M. Conner Edwards
Floyd, J. H.

Funk Gignilliat Gunter Hale Hamilton Harris, R. W. Higginbotham Horton Hutchinson
Jones, C. M.

Lambert Leonard Matthews, D. R. Maxwell Miller Murphy Parker, H. W. Phillips, L. L. Poole
Rush

Shepherd Smith, V. T. Snow

TUESDAY, MARCH 25, 1969
Sorrells Ware Wood

Mr. Speaker

2931

On the passage of the Bill, as amended, the ayes were 119, nays 39.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Messrs. Smith of the 3rd and Ware of the 30th requested that they be re corded as having voted for the passage of SB 41, as amended.

SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A Bill to be entitled an Act to repeal House Resolution No. 14a. adopted at the 1949 Extraordinary Session of the General Assembly, which Resolution authorized the Secretary of State to mail sections of the. Georgia Laws to the lawyers of this State; and for other purposes.

The following substitute, offered by Mr. Busbee of the 61st, was read:
A BILL
To be entitled an Act to amend House Resolution No. 14a., adopted at the 1949 Extraordinary Session of the General Assembly of Georgia, which Resolution authorized the Secretary of State to mail sections of the Georgia laws to the lawyers of this State and other public officials, so as to change the persons to whom the Secretary of State is authorized to send such material; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. House Resolution 14a., adopted at the 1949 Extraordi nary Session of the General Assembly of Georgia, which Resolution authorized the Secretary of State to mail sections of the Georgia laws to the lawyers of this State and other public officials, is hereby amended by striking therefrom the following:
"BE IT RESOLVED, That the House of Representatives by this Resolution, request and authorize the Secretary of State of the State of Georgia to include in the number of loose-leaf sections printed of the laws passed, a sufficient number in the total amount printed, to be sent to the lawyers of the State and other public officials. These sections to be sent at the same time and in the same

2932

JOURNAL OF THE HOUSE,

manner as are those now required by law to be mailed to the county officials and members of the General Assembly.",

and inserting in lieu thereof the following:
"BE IT RESOLVED, That the House of Representatives by this Resolution, request and authorize the Secretary of State of the State of Georgia to include in the number of loose-leaf sections printed of the laws passed, a sufficient number in the total amount printed, to be sent to all lawyers and public officials of the State who annually make a request for such laws in writing prior to Janu ary 1. These sections to be sent at the same time and in the same manner as are those now required by law to be mailed to the county officials and members of the General Assembly."
Section 2. This Act shall become effective January 1, 1970.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 41, nays 64.

The substitute was lost.
The report of the Committee, which was favorable to the passage of the Bill, -was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having the requisite constitutional majority, was passed.

Mr. Levitas of the 77th gave notice that at the proper time he would move that the House reconsider its action in passing SB 246.

SB 128. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act so as to provide that cer tain rules and regulations adopted by the Board of Pardons & Paroles shall be adopted, and for other purposes.
The following amendment was read and adopted:

TUESDAY, MARCH 25, 1969

2933

Mr. Egan of the 116th moves to amend SB 128 by adding the follow ing words at the end of page 3:

"same may now or hereafter be amended, and the courts shall take judicial notice of any such rules and regulations."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Busbee Games Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, B. L. Holder Hood

Horton Housley Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill> Lee, W. S. Leonard Levitas Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Miller Moate Morris

2934
Mullinax Nash Nunn Odom Pafford Paris Parker, C. A. Patterson Peterson Phillips, G. S. Phillips, W. E. Pinkston Potts Rainey

JOURNAL OF THE HOUSE,

Roach Ross Rowland Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow

Sweat Thomason Thompson, R. Toles Townsend Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles

Those not voting were Messrs.:

Ballard Barfield Blalock Brantley, H. L. Burruss Caldwell Cates Collins, M. Floyd, J. H. Funk Gunter Hale Hamilton Hargrett Harris, R. W.

Henderson Hill, G. Joiner Lambert Lane, W. J. Marcus Mason McDaniell
Moore Murphy Nessmith Northcutt Parker, H. W. Peters Phillips, L. L.

Pickard Poole Reaves Rush Russell Scarborough Sorrells Thompson, A. W. Vaughn Wamble Wilson Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and referred to the Com mittee on Education:

HR 451. By Messrs. Hutchinson of the 61st and Parker of the 44th:
A RESOLUTION
Creating the Joint Committee to Study House Bill No. 35, relating to allotments of teachers to local units of administration; and for other purposes.

TUESDAY, MARCH 25, 1969

2935

WHEREAS, House Bill No. 35 seeks to require a pupil-teacher ratio of one teacher per each 18 students in the first grades of the schools Georgia; and

WHEREAS, although the merits of the bill are beyond dispute, there appears to be a shortage of necessary funds with which to imple ment the provisions of House Bill No. 35; and

WHEREAS, it would be an excellent use of legislators' time and energies if a joint interim committee were to study the fiscal effects of House Bill No. 35, and to propose the ways and means by which it can be implemented.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Joint Committee to Study House Bill No. 35" which will be composed of five members of the House, chosen by the Speaker, and five members of the Senate, chosen by the President.

The Committee shall study the fiscal requirements of House Bill No. 35, and such other areas found to be needed or desirable, to see how the bill can be implemented once its provisions are enacted into law.

The Committee shall prepare a report of its findings and recom mendations which shall be submitted to the Clerk of the House for printing on or before December 15, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive the expenses and allow ances authorized to members of interim legislative committees, but for no longer than ten days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 281. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, so as to provide that the members thereof may succeed themselves; and for other purposes.

Mr. Wamble of the 69th moved that the House insist on its position in amending SB 281.

2936

JOURNAL OF THE HOUSE,

The motion prevailed, and the House insisted on its position in amending SB 281.

The following Resolutions of the House were read and adopted:

HR 452. By Messrs. Murphy of the 19th, Lane, Nessmith and Parker of the 44th and many, many others:
A RESOLUTION
Congratulating and commending Honorable James W. Paris; and for other purposes.
WHEREAS, Honorable James W. Paris, the distinguished and able Representative from the 14th Representative District, is celebrating his 48th birthday today; and,
WHEREAS, this distinguished gentleman is serving his llth year as a member of the House of Representatives of the State of Georgia; and
WHEREAS, he also served as a member of the Senate for one term in 1957-58; and
WHEREAS, he is married to the former Grace L. Harbin of Cherokee County and they have one daughter, Miss Patsy Latrell Paris; and
WHEREAS, he graduated from the University of Georgia in 1952 with BBA and LLB degrees and began the active practice of law in
1952; and
WHEREAS, he is active in the religious, civic and fraternal affairs of his community and is active in the political affairs of his community and the State of Georgia; and
WHEREAS, he is presently Assistant Administration Floor Leader in the House of Representatives; and
WHEREAS, this veteran legislator is highly respected and loved by his fellow members and his counsel and advice is constantly sought; and
WHEREAS, because of his common sense, keen mind and legal ability, he has been called upon to perfect many important items of legislation; and
WHEREAS, it is the desire of the members of this body to con-

TUESDAY, MARCH 25, 1969

2937

gratulate this distinguished and outstanding Georgian on this joyous occasion.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Honor able James W. Paris upon his 48th birthday and wish for him many happy returns and commend him for his outstanding and dedicated service as a member of this body and for the honest and fair manner in which he has discharged his duties and responsibilities as a member of the House of Representatives.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Honorable James W. Paris.

HR 453. By Messrs. Smith of the 43rd, Harris of the 77th, Matthews of the 16th, Brooks of the 17th, Grahl of the 40th, Matthews of the 63rd and many, many others:
A RESOLUTION
Congratulating and commending Miss Janette Hirsch; and for other purposes.
WHEREAS, Miss Janette Hirsch, the congenial and capable As sistant Clerk of the House of Representatives, is celebrating her birth day today; and

WHEREAS, she is constantly called upon to produce more work for the House of Representatives than is humanly possible; and

WHEREAS, she meets all of her deadlines by working as long and as hard as any one of her employees; and

WHEREAS, her office is open and functioning at night and on weekends during the Session preparing, printing, and distributing bills, resolutions, status reports, and other reports for the members of this }>ody; and

WHEREAS, her extraordinary ability to perform impossible tasks

is one of the primary reasons the House of Representatives functions so

smoothly; and

i

WHEREAS, it is the desire of the members of this body to recogTiize this outstanding staff member for the amazing job she is doing and to share this joyous occasion with her.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Miss Janette Hirsch upon the occasion of her 39th birthday and wish for her

2938

JOURNAL OF THE HOUSE,

many happy returns and commend her for the extraordinary manner in which she discharges her duties and responsibilities.

BE IT FURTHER RESOLVED THAT THE CLERK OF THE House of Representatives is hereby authorized and directed to forward an appropriate copy of this resolution to Miss Janette Hirsch.

The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, and others:
A Bill to be entitled an Act to amend Title 34 of the Code of 1933 so as to provide that when the last day for exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB NO. 564
The Conference Committee on HB No. 564 recommends the following:
(1) That the House and Senate recede from their respective positions on Section 6, and that the following Section 6 be adopted:
"Section 6. Said Title is further amended by striking, wherever it shall appear in Code Section 34-629, relating to where electors shall vote, the following figure:
'40,000',
and substituting in lieu thereof:
'50,000'."
(2) That the House and Senate recede from their respective posi tions on Section 11, and that the Senate amendment to Section 11 be adopted with the following paragraph being substituted for the first paragraph in Section 34-1006:
"Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in ac cordance with the procedural rules of their party; provided, how ever, that no person shall be prohibited from qualifying for such office who meets the requirements of such procedural rules and

TUESDAY, MARCH 25, 1969

2939

(i) who is eligible to hold the office which he seeks, (ii) who is not prohibited from being nominated or elected by provisions of Code Section 34-106 or 34-107, as presently written or hereafter amended, and (iii) who, if party rules so require, affirms his allegiance to his party by signing the following oath:

'I do hereby swear or affirm my allegiance to the--------_--__--____------_------------__-(name of party) Party."'

(3) And, that the House recede from its position on the amend ment to Section 22, and that the Senate amendment to Section 22 be adopted.

SENATE
Senator Zipperer of the 3rd Senator Walling of the 42nd Senator Starr of the 44th

Respectfully submitted,
HOUSE OF REPRESENTATIVES
Rep. McCracken of the 36th Rep. Lambert of the 25th Rep. Howell of the 60th

Mr. McCracken of the 36th moved that the House adopt the report of the Committee of Conference.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennettt Berry Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D.

Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, S. Conger Connell Conner Cook Cooper Crowe Dailey

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar

2940
Felton Floyd Gary Gaynor Geisinger Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger

JOURNAL OF THE HOUSE,

Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson

Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W Toles Townsend Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams

Those not voting were Messrs. :

Blalock Brantley, H. H. Brooks Collier Collins, M. Colwell
Dixon
Floyd, J. H.
Funk
Gignilliat
Hale
Hamilton
Harris, R. W.

Henderson Hill, G. Howell Joiner Leonard Longino
Matthews, D. R.
McDaniell
Miller
Northcutt
Patterson
Phillips, L. L.
Poole

Rush Scarborough Shanahan Sweat Thompson, R. Vaughn
Wamble
Ware
Wilson
Wood
Mr. Speaker

On the motion to adopt, the ayes were 158, nays 0.

TUESDAY, MARCH 25, 1969

2941

The report of the Committee of Conference on HB 564 was adopted.

Under the general order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 171. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to provide for inclusion in sentences in criminal cases a statement of the duration of the defendant's in carceration prior to conviction and a statement of the consideration given such incarceration by the trial judge in imposing sentence; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as Jollows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes :Cates Cato

Chandler Cole Collier Collins, S. Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, 3. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard

Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Hudson

2942
Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken

JOURNAL OP THE HOUSE,

Melton Merritt Miles Milford Moate Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, W. R. Pickard Potts Rainey Reaves Roach Ross Rowland

Russell Salem Scarlett Shanahan Shepherd Sherman Sinikins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Town send Wamble Westlake Wheeler, Bobby Wheeler, J. A. Wilson Winkles Williams Wilkerson

Those not voting were Messrs.:

Blalock Bohannon Caldwell Clarke Collins, M. Colwell Crowe Punk Gunter Hale Hamilton Harris, R. W.

Hill, G. Howell Jones, C. M. Lane, Dick Leonard Matthews, D. R. McDaniell Miller Moore Northcutt Phillips, G. S. Phillips, L. L.

Pinkston Poole Rush Scarborough Snow Thompson, R. Vaughn Ware
Whaley Wood Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Davis of the 86th arose to a Point of Personal Privilege and addressed the House.

TUESDAY, MARCH 25, 1969

2943

Mr. Rainey of the 47th, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bill and Resolution of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 90. Do Pass By Substitute. HR 436. Do Pass.
Respectfully submitted, Rainey of the 47th, Chairman.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 453. By Mr. Ware of the 30th:
A Bill to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th, and others:
A Bill to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; to provide for all procedures, requirements and other matters in con nection with the foregoing; to provide for penalties; and for other purposes.

The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

2944

JOURNAL OF THE HOUSE,

SB 126. By Senator Kidd of the 25th:
A Bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other purposes.

The Senate recedes from its amendment to the following Bill of the House, to-wit:
HB 534. By Mr. Brantley of the 52nd: A Bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
The Speaker Pro Tern assumed the Chair.
The following Bill of the Senate was taken up for the purpose of consideringthe Senate's disagreement to the House amendment to the same:
SB 126. By Senator Kidd of the 25th: A Bill to be entitled an Act to authorize insurance coverage of all of the employees of the State of Georgia, including employees of au thorities for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other purposes.
Mr. Pickard of the 84th moved that the Hoouse insist on its position in amending the same.
The motion prevailed.
Mr. Barber of the 15th, Chairman of the Committee on Education submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations r

TUESDAY, MARCH 25, 1969

2945

HE 434. Do Pass.

HR 432. Do Pass.

HR 451. Do Pass.

HR 110-283. Do Pass.

SB

55. Do Pass.

Respectfully submitted, Barber of the 15th, Chairman.

The following Resolutions of the House were read and adopted:

HR 454. By Messrs. Miller of the 83rd, Scarborough, Pinkston, Keen, Knapp and Evans of the 81st and Dodson of the 82nd:
A RESOLUTION
Commending the Honorable Selby McCash and the editors and publisher of the Macon Telegraph; and for other purposes.
WHEREAS, the members of this Body are extremely fortunate in that they are daily presented with free copies of the Macon Telegraph; and
WHEREAS, in addition to being free to the members of this Body, the newspaper constantly reflects the highest quality news reporting, and the articles are always up-to-date and well written, and the editorial comments are fair and just; and
WHEREAS, the news stories regarding the goings-on of the General Assembly are written by the Honorable Selby McCash; and
WHEREAS, the men most responsible for the excellence of the Macon Telegraph are the Honorable Selby McCash, Reporter; the Honorable Bert Struby, General Manager; the Honorable William A. Ott, Editor; the Honorable Jim Chapman, Managing Editor; and the Honorable Nathan Gans, Associate Editor.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Macon Telegraph and the above-named gentlemen for excellent journalism.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to each of the above-named gentlemen.

2946

JOURNAL OF THE HOUSE,

HR 455. By Messrs. Miller of the 83rd, Scarborough, Pinkston, Keen, Knapp and Evans of the 81st and Dodson of the 82nd:

A RESOLUTION

Commending the Honorable Selby McCash and the editors and publisher of the Macon News; and for other purposes.

WHEREAS, the members of this Body are extremely privileged in that they are afforded free copies of the Macon News, Macon's highly respected and admired evening newspaper; and

WHEREAS, in addition to being free to the members of this Body, the newspaper contains extremely well-written and up-to-date news coverage, and its editorial comments are fair, just and thought-provok ing; and

WHEREAS, one reason for the newspaper's excellent coverage of the goings-on of the General Assembly is that the Honorable Selby McCash is on full-time duty, covering all the activities at the Capitol;

WHEREAS, the Honorable Selby McCash has proven himself to be an excellent journalist who is dedicated to the highest principles of the printed news media.

and

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Selby McCash, and his newspaper, and thanks the publisher and editors of the Macon News for providing free copies of their excellent work product.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Selby McCash and to the publisher and editors of the Macon News.

HR 456. By Messrs. Miller of the 83rd, Keen, Pinkston, Knapp, Scarborough and Evans of the 81st and Dodson of the 82nd:
A RESOLUTION
Commending the Honorable Jim Lee of Radio Station WMBL, Macon, for excellent newscasting; and for other purposes.
WHEREAS, the residents of Macon, Georgia, who listen to Radio Station WBML are extremely fortunate in that they are blessed with up-to-date, accurate and stimulating reports on the activities of the General Assembly; and

TUESDAY, MARCH 25, 1969

2947

WHEREAS, the main reason why Radio Station WMBL's reports are so accurate and excellent is because the Honorable Jim Lee, of said Station, is on full-time assignment at the Capitol; and

WHEREAS, the Honorable Jim Lee is a dedicated and responsible person whose sole interest is in conveying the facts to the public and in adhering to the high principles of the journalistic profession.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body hereby commends the Honorable Jim Lee of Radio Station WBML, Macon, for excellent newscasting.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Jim Lee, Radio Station WBML, Macon, Georgia.

HR 457. By Messrs. Miller of the 83rd, Pinkston, Keen, Knapp, Scarborough and Evans of the 81st and Dodson of the 82nd:
A RESOLUTION
Commending Radio Station WMAZ and Television Station WMAZTV, Macon, and for other purposes.
WHEREAS, the residents of the Macon-Bibb County area are extremely fortunate in that they comprise the listening and viewing audience of Radio Station WMAZ and Television Station WMAZ-TV; and
WHEREAS, these stations afford their respective audiences com plete, up-to-date, and well-presented reports of the activities of the Georgia General Assembly, and, on Sundays, afford the people of Macon and Bibb County panel discussions in which the important issues of the day are brought to light and discussed in meaningful and highly in formative ways; and
WHEREAS, the three men most responsible for the high quality content of the stations' programs are the Honorable Albert Sanders, General Manager, and the Honorable Dick Johnson, Director of Public Affairs, and the Honorable Bill Tribble, news director.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Radio and Television Stations WMAZ, and the Honorable Albert Sanders and Dick Johnson for excellent use of the audio and video airwaves.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Radio and Television Stations WMAZ and to the above named gentlemen.

2948

JOURNAL OP THE HOUSE,

HR 458. By Messrs. Miller of the 83rd, Keen, Pinkston, Knapp, Scarborough and Evans of the 81st and Dodson of the 82nd:

A RESOLUTION

Commending the Honorable Tim Dobbs, veteran political editor for radio station WMAZ and WMAZ-TV; and for other purposes.
WHEREAS, the residents of the Macon and Bibb County area who listen to radio station WMAZ and watch WMAZ-TV are extremely fortunate in that they are afforded an opportunity to hear and see newscasts concerning the Georgia General Assembly which are extremely accurate, up-to-date, and which are presented in a pleasant and appeal ing manner; and
WHEREAS, the man most responsible for coverage of the General Assembly's activities for radio and television stations WMAZ is the Honorable Tim Dobbs; and
WHEREAS, the Honorable Tim Dobbs has demonstrated to the members of this Body that he is a highly articulate person, and that he is dedicated to the highest principles of the audio-visual journalistic media.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body hereby commends the Honorable Tim Dobbs for his excellent reporting of events concerning the General Assembly of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Tim Dobbs.

HR 459. By Messrs. Miles of the 78th, Connell of the 79th, Lewis of the 37th, DeLong of the 80th and many others:
A RESOLUTION
Expressing regret at the passing of Mr. Prank W. Dye; and for other purposes.
WHEREAS, Mr. Prank W. Dye of Blythe, Georgia, passed away on Monday, March 24, 1969; and
WHEREAS, he was a lifelong resident and one of the most prominent farmers in Richmond and Burke Counties; and
WHEREAS, he was active in the religious, civic, and governmental affairs of his community and State; and

TUESDAY, MARCH 25, 1969

2949

WHEREAS, the many contributions made by this distinguished and outstanding citizen of the State of Georgia will be sorely missed by his untimely passing; and

WHEREAS, he is survived by his widow, Mrs. Frank W. Dye; a daughter, Mrs. Jane Dye Snell; and three sons, Wayne Dye, Jr., Nat Dye, and Pat Dye, three of the most outstanding football players in University of Georgia Football history.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the passing of one of the most outstanding and distinguished citizens of this State, and the sincerest sympathy of each member of this body is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to the family of the late Frank W. Dye.

HR 460. By Mr. Wheeler of the 18th:
A RESOLUTION
Commending the Elbert County High School Marching Band and Majorette Corps; and for other purposes.
WHEREAS, the Elbert County High School Marching Band and Majorette Corps, directed by Mr. Marvin Chidister, has received a superior rating by making a perfect score in the annual Governor's Marching Festival; and
WHEREAS, the band has made many public appearances including participation in the ceremonies of an Atlanta Braves' baseball game and in the activities of a pre-season football game of the Atlanta Falcons; and
WHEREAS, the band was selected as one of the top 15 marching bands in the Southeast and was invited to, and did participate in, the activities of the first annual Peach Bowl Game; and
WHEREAS, it was the only band selected to represent the State of Georgia in the Festival of States which will be held at Saint Peters burg, Florida, from April 8 through April 12, 1969; and
WHEREAS, all members of the band and the majorette corps may be justly proud of their remarkable achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Elbert County High School Marching

2950

JOURNAL OF THE HOUSE,

Band and Majorette Corps, directed by Mr. Marvin Chidister, are hereby commended for their many outstanding achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this Resolution to Mr. Marvin Chidister and to each member of the Elbert County High School Marching Band and Majorette Corps.

HR 461. By Messrs. Knapp, Pinkston and Keen of the 81st, Fallin of the 63rd, Peterson of the 41st, Dodson of the 82nd and many others:
A RESOLUTION
Commending the Honorable Gail Luke Carver; and for other purposes.
WHEREAS, the Honorable Gail Luke Carver, recent recipient of the "Highest Technical Award" of the Southeastern Section of the Society of American Foresters, is a ninety year old gentleman whose numerous successes include the following:
He was a professor for 41 years, at Mercer University, retiring in 1954 as Chairman of the Biology Department;
He established the first college conservation course in Georgia, in 1935;
He pioneered practical forest fire protection and conservation of natural resources in the vast middle Georgia region;
He, at Mercer, taught Physics, Astronomy, Geometry, Geology, History of Education, Experimental Psychology, and Biology, and was a master of each of these subjects; and
WHEREAS, the erosion of soil, the loss of timber by fire, the flooding of rivers, the muddy waters containing eroded soil, the spread ing of rabies by foxes and other mammals, the smoking of cigarettes, and the drinking of alcoholic beverages have challenged this man and made of him a crusader--a formidable force, and one of Dr. Carver's outstanding characteristics is his unusual vigor in fighting for a cause in which he believes; and
WHEREAS, he received his Bachelors Degree from the University of Michigan in 1907, and a Master of Science Degree in 1908 from the same institution, and he attended Columbia University and the Uni versity of Chicago.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members thereof do hereby com mend and congratulate the Honorable Gail Luke Carver for all his

TUESDAY, MARCH 25, 1969

2951

magnificent achievements and contributions to the people and natural resources of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Gail Luke Carver.

HR 462. Messrs. Farmer and Matthews of the 16th:
A RESOLUTION
Commending the members of the Athens-Clarke County Charter Commission; and for other purposes.
WHEREAS, the Athens-Clarke County Charter Commission was created by the General Assembly of the State of Georgia at the 1967 Session; and
WHEREAS, the members of the Charter Commission were a representative cross-section of the citizens of the City of Athens and Clarke County; and
WHEREAS, they worked harmoniously together for an untold number of hours; and
WHEREAS, as a result of their hours of endless effort and dedica tion to the task for which they were selected, the citizens of Athens and Clarke County will certainly benefit in future years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the mem bers of the Athens-Clarke County Charter Commission for their tireless efforts and dedication.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this resolution to each member of the Athens-Clarke County Charter Com mission.

HR 463. By Mr. Farmer of the 16th:
A RESOLUTION
Commending the girls in the back office of the Clerk of the House of Representatives; and for other purposes.
WHEREAS, the girls in the back ooffice of the Clerk of the House of Representatives have rendered faithful service during this 1969 Session of the General Assembly; and

2952

JOURNAL OF THE HOUSE,
WHEREAS, their friendliness and cordial conduct to the members of the House of Representatives have assisted the members greatly in attempting to accomplish the task for which they were elected; and
WHEREAS, the friendly and cheerful smiles of the girls in the back office have been especially helpful to the members on "Blue Mondays"; and
WHEREAS, they have been of extremely important assistance by extending expedient service to the members of the House in preparing privilege resolutions for distribution to the various individuals com mended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Genevieve Bethea, Beth Marshall, Faye Posea, Willene Almand, Betty Gippert, Martha North and Margaret Strickland for their very able and helpful assistance to the members of the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to each of the above-named persons.

HR 466. By Messrs. Patterson and Bohannon of the 20th, Simmons of the 4th, Knowles of the 22nd and Hadaway of the 27th:
A RESOLUTION
Commending Honorable Dick Lane; and for other purposes.
WHEREAS, Honorable Dick Lane, our distinguished colleague from the 101st District, who is presently serving his second term, has rapidly become one of the most effective and popular members of the House of Representatives; and
WHEREAS, he has consistently displayed an outstanding dedica tion to the public interest by his faithful attendance at all sessions of the House and by his able and careful analysis of the various measures which have been considered; and
WHEREAS, his courage in openly admitting that a mistake had been made in adopting a certain retirement bill and his tireless efforts in seeking to remedy that mistake are examples of the outstanding representation this young man is providing for the people of Georgia; and
WHEREAS, his constituents may take just pride in having elected a man who represents the State of Georgia with such honor, dedication and remarkable ability.

TUESDAY, MARCH 25, 1969

2953

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com ment Honorable Dick Lane, the distinguished gentleman from the 101st District, for his outstanding service on behalf of the people of the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a copy of this Resolution to Honorable Dick, the distinguished gentleman from the 101st District.

HR 436. By Mr. Rainey of the 47th:
A RESOLUTION
Creating the Game and Fish Revenues Study Committee; and for other purposes.
WHEREAS, at each session of the General Assembly bills are introduced revising the license fees and affecting other sources of revenue of the State Game and Fish Commission; and
WHEREAS, a thorough study should be made of such license fees and other sources of revenue; and
WHEREAS, such study should determine the extent to which the Game and Fish Commission is self-sustaining from the license fees and other revenues prescribed by the Commission and the laws relating to Game and Fish Committee and four other members of said Committee our neighboring states; and
WHEREAS, such study should also include an analysis of such game and fish, and comparisons should be made in this connection with game and fish resources by citizens of and visitors to our State.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Game and Fish Revenues Study Committee to be composed of the Chairman of the Game and Fish Committee and four other members of said committee of to be appointed by the Speaker of the House. Said Committee shall make a thorough study of all matters relating to license fees and other revenues of the State Game and Fish Commission and the laws, rules and regulations related thereto. Said Committee shall be au thorized to work in cooperation with any similar committee of the State Senate.
BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for not more than fifteen days in carrying out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to receive the expenses and allowances provided by law for members of legislative interim com-

2954

JOURNAL OP THE HOUSE,
mittee. Any funds necessary to carry out the provisions of this Resolu tion shall come from funds appropriated or otherwise available to the legislative branch of government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legislation that may be recommended by the Committee.

The following Resolution of the House was read and referred to the Com mittee on Highways:

HR 464. By Messrs. Connell of the 79th, Sherman of the 80th, Vaughn of the 74th, Gaynor of the 88th, Thompson of the 86th, Cook of the 95th and Pinkston of the 81st:
A RESOLUTION
Creating the State Toll Bridge Authority Study Committee; and for other purposes.
WHEREAS, the State of Georgia is in dire need of constructing much needed highway projects similar to the interstate system of high ways which would connect vital points within the State of Georgia with limited access highways; and
WHEREAS, notwithstanding the need for such highways, these projects have not been included within the Federal system of inter state highways; and
WHEREAS, there is a need to study alternative methods provid ing these much needed highways.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Toll Bridge Authority Study Committee to be composed of seven members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the feasibility of ex panding the powers, duties and responsibilities of the State Toll Bridge Authority as an alternative method of providing this State with much needed highway projects. The Committee shall make a report of its findings and recommendations to the 1970 session of the General As sembly at which time it shall stand abolished. The Committee shall be authorized to meet for a period not in excess of ten days.

Mr. Smith of the 43rd moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 9:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 26, 1969

2955

Representative Hall, Atlanta, Georgia Wednesday, March 26, 1969

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.

The following prayer was offered by Father T. A. McCarthy, Pastor, Holy Trinity Catholic Church, Swainsboro, Georgia:
"Almighty and eternal Father who has created the world for our use and has brought order out of chaos, we thank You for Your cre ation and for allowing man to share in the work of governing this creation. We thank You for the many blessings You have given to us as a nation and as a state. You have endowed us with rich farm lands, beautiful rivers and lakes, mighty forests and pc vertul mountains. You have entrusted to our care, Your animals. HelTM us, Father, to realize the great responsibilities You have given us t'_ use these masterworks of Your creation properly and for man's benefit without destroying them.
"Help us, Father, to always remember that man is the greatest work of Your creation and that all men are reflections of Your good ness which gives to man a great dignity. You have given to us gathered here a tremendous task to serve our fellow man in order to carry out this mantle of responsibility. Give us the wisdom and vision as You gave Solomon so that we can enact laws that are fair and just and which will benefit all of Your people. Enlighten our minds so that we can see both sides of the issues honestly.
"Forgive us for our many shortcomings, our pride which holds us back from being objective in our viewpoints, our prejudices which have fostered division instead of harmony and our failure to use to our fullest the talents that we have been given.
"Watch over us and guide us this day in our actions so that when day ends we can say we have given our best in the service of others and when the Lord and Judge comes on the final day we can hear the words 'Well done good and faithful servant.' We ask this in the name of Jesus, who reigns forever,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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JOURNAL OP THE HOUSE,

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

HB 1024. By Messrs. Northcutt of the 21st, Lane of the 101st, Matthews of the 63rd, Moore of the 6th, Rush of the 51st, Parker of the 44th and others:
A Bill to be entitled an Act to repeal an amendment to an Act promot ing temperance and prosperity for Georgia people, etc., approved March 23, 1935 (Ga. L. 1935, p. 429), so as to repeal the 1968 amendment to the 1935 Act promoting for Georgia people and legalizing the making of light domestic wines, and which amendment authorized sale of wine in airports; and for other purposes.
Referred to the Committee on Temperance.

HB 1025. By Messrs, Northcutt of the 21st, Lane of the 101st, Matthews of the 63rd, Moore of the 6th, Rush of the 51st, Parker of the 44th and others:
A Bill to be entitled an Act repealing an amendment to the Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. L. 1938, p. 103), which amendment is found in Georgia Laws 1968, p. 1444; and for other purposes.
Referred to the Committee on Temperance.

WEDNESDAY, MARCH 26, 1969

2957

HB 1026. By Messrs. Northcutt of the 21st, Lane of the 101st, Matthews of the 63rd, Moore of the 6th, Rush of the 51st, Parker of the 44th and others:
A Bill to be entitled an Act to repeal an amendment to an Act pro viding for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, which amendment is found in Ga. L. 1968, p. 1441; and for other purposes.
Referred to the Committee on Temperance.

HR 465-1026. By Messrs. Geisinger of the 72nd, Floyd of the 75th, Marcus of the 105th, Wilson of the 117th, Bell of the 73rd and others:
A Resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly shall remain in session no longer than sixty days each year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.

HB 1027. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, and revo cation of motor vehicle driver licenses, so as to provide for a Medical Advisory Board; and for other purposes.
Referred to the Committee on Motor Vehicles.

By unanimous consent, the following Bill of the House was read the second time.

HB 1023. By Mr. Bohannon of the 20th: A Bill to be entitled an Act to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely because she is the wife of a serviceman; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, "Wednesday, March 26, 1969, and submits the following:

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SB 12. Trial Judges, Practice of Law--PP SB 14. Garnishment, Exempt Wages SB 51. Time for Observing Certain Holidays SB 54. Sheriffs Retirement Fund SB 62. Solicitors, Members Retirement Fund, 20 years SB 83. Circuit Probation Supervisors--PP SB 88. Contracts, Periods of Limitation of Actions SB 90. Georgia Scenic Rivers System SR 101. Uniform Consumer Credit Code Study Committee SR 102. Lease Tract, Black Rock Mountain State Park SR 104. General Assembly Members, Adequate Parking Space SR 106. Public Buildings, Plan to be used as fallout shelters SR 107. Revenue Bond Study Committee SR 108. Highway Department, Cancel Certain Easements SR 117. Scholarship Study Committee SR 123. Dispose Land, Meriwether County SB 181. Game Promotions, Lessee, Agent SB 214. Broker, Insure wtih a Foreign Insurer SB 231. Welcome Centers, Federal Highways SB 250. Eviction Proceedings, Tenants Defense SB 275. Handicapped Pre-School Age Children

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman.

Mr. Ware of the 30th, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, MARCH 26, 1969

2959

HR 439. Do Pass.

Respectfully submitted, Ware of the 30th, Chairman.

Mr. Dixon of the 65th, Vice-Chairman of the Committee on Insurance, sub mitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 222. Do Pass.
Respectfully submitted, Dixon of the 65th, Vice-Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 143. Do Pass As Amended. SB 144. Do Pass. SB 252. Do Pass. SB 284. Do Pass. SB 188. Do Pass. SB 270. Do Pass. HR 437. Do Pass. SB 142. Do Pass. SB 269. Do Pass. SB 35. Do Pass. SB 38. Do Pass As Amended.

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SB 44. Do Pass. SB 133. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tions of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

SR 100. Do Pass. SR 130. Do Pass.

Respectfully submitted, Busbee of the 1st, Vice-Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 435. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:

WEDNESDAY, MARCH 26, 1969

2961

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 433. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

By unanimous consent, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SB 55. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; and for other purposes,", as amended, so as to increase the amount of de pendent benefits from 50% to 60%; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 259. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Fannin County, as amended, so as to create a Board of Commissioners of Fannin County to consist of a Chairman and two other members; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted: The Committee on Local Affairs moves to amend SB 259 as follows:

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By striking from subsection (a) of quoted Section 6 of Section 1 the figure "$8,600.00" and inserting in lieu thereof the figure, '$9,600.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 233. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Fannin County upon an annual salary, approved Mar. 11, 1965 (Ga. L. 1965, p. 2294), as amended, so as to change the compensation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 35. By Senators Johnson of the 38th, Ward of the 39th, Hardy of the 56th and others:
A Bill to be entitled an Act to amend the Act authorizing the Board of Commissioners of Roads and Revenues of Pulton County to establish rules and regulations governing the payments of pensions to County employees of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 26, 1969

2963

SB 44. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act creating the Civil Court of Fulton County, so as to change the compensation of the judges thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 133. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and Johnson of the 38th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof, so as to provide the method for filling of vacancies in the office of presiding judge or associate judge of the municipal court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 142. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of an assistant solicitor-general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

SB 144. By Senators Padgett of the 23rd, Holley of the 22nd, McGill of the 24th and Cox of the 21st:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, as amended, so as to change the compensa tion of the chief assistant district attorney; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, "was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 188. By Senator Zipperer of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Guyton, and amendatory Acts thereto, providing for the qualifications of mayor and fixing the salary of city officials; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 252. By Senator Coggin of the 35th: A Bill to be entitled an Act to fix the compensation of the judges of the juvenile court in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

WEDNESDAY, MARCH 26, 1969

2965

The Bill, having received the requisite constitutional majority, was passed.

SB 269. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act defining and prescribing1 the purposes, powers and duties of the Tift County Development Au thority and the exercise thereof, approved April 9, 1963, so as to in crease the maximum interest rate on bonds and other obligations of the authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 270. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Rabun County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 284. By Senator London of the 50th:
A Bill to be entitled an Act to provide a new charter for the City of Helen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

SR 130. By Senators Tysinger of the 41st, Miller of the 53rd, Walling of the 42nd and Reeder of the 55th:
A Resolution requesting that the Governing Authority of DeKalb County provide certain information to the members of the General As sembly, creating a local study commission, providing for the payment of expenses; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requiiste constitutional majority, was adopted.

SB 38. By Senators Johnson of the 38th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the Criminal Court of Atlanta, approved Sept. 6, 1891," as amended, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend SB 38 as follows:
By striking subsection (C) of Section 1 in its entirety and inserting in lieu thereof a new subsection (C) to read as follows:
"(C) The increased compensation provided by this Act shall not operate to increase the amount of pension payable upon retire ment to the officers whose compensation is thus increased. Before the increased compensation shall be due and payable, such officers shall execute a written waiver to be prepared by the county at torney in which such officer shall agree that the increased com pensation provided herein shall not operate to increase the amount of the pension payable to such officers upon retirement."

WEDNESDAY, MARCH 26, 1969

2967

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, amended.

SB 143. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to provide that in all counties of this State having a certain population, the district attorney of the Judicial Circuit shall receive additional compensation; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend SB 143 as follows:
By striking from Section 1 the figure "6,000.00" and inserting in lieu thereof the figure "4,000.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

SB 104. By Senator Eldridge of the 7th: A Bill to amend an Act authorizing the Superintendent of Purchases

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JOURNAL OF THE HOUSE,

to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Andrews of the 49th, Eldridge of the Yth, and Abney of the 53rd.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Com modities Promotion Act", so as to implement Article VII, Section II, Paragraph 1-A of the Constitution as amended in 1968; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 259. By Messrs. Smith and Caldwell of the 39th:
A Bill to amend, consolidate and supersede the several Acts of the Gen eral Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 72-184. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Paul Cochran; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

WEDNESDAY, MARCH 26, 1969

2969

HB 137. By Mr. Lambert of the 25th:
A Bill to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other purposes.

HB 389. By Mr. Harris of the 77th:
A Bill to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said court; and for other purposes.

HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to amend an Act entitled "An Act to provide supplementary ap propriations for the remainder of the fiscal year ending June 30, 1969, etc.", approved February 28, 1969 (Act No. 57), so as to delete the ap propriation relating to hog cholera indemnities; to provide an appropria tion for livestock indemnities; and for other purposes.

HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th:
A Bill to amend an Act providing a new charter for the City of Marietta, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.

HB 582. By Messrs, Snow, Crowe and Hale of the 1st, Peters of the 2nd and Floyd of the 7th:
A Bill to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.

HB 878. By Messrs. Kreeger, Wilson, Housley, McDaniell, Henderson and Ather ton of the 117th:
A Bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court shall be a court of record except in certain cases and for other purposes.

HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A Bill to provide for an associate judge of the city court in all counties of this state having a population of not less than 135,000 nor more than 140,000; and for other purposes.

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HB 911. By Mr. Maxwell of the 78th:
A Bill to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assem bly; and for other purposes.

HB 912. By Mr. Maxwell of the 78th:
A Bill to fix the compensation of certain elected officials in certain counties; and for other purposes.

HB 940. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd and others:
A Bill to provide two additional court reporters for certain judicial cir cuits; to provide additional secretary and clerical help in such circuits; and for other purposes.

HB 947. By Mr. Busbee of the 61st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sanitary services in said districts; etc.; to provide for a tax or assessment to pay for same; and for other purposes.

HB 975. By Mr. Collins of the 62nd:
A Bill to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Com missioners of Mitchell County; to provide for a depository; and for other purposes.

HB 983. By Messrs. Harris, Levitas, Farrar and Thomason of the 77th, Jordan of the 74th, and others:
A Bill to amend the charter of the City of Avondale Estates, so as to modify and expand the limits of said city; and for other purposes.

HB 992. By Messrs. Farmer and Matthews of the 16th:
A Bill to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allowance for the prisoners confined in the county jail; and for other purposes.

WEDNESDAY, MARCH 26, 1969

2971

HB 995. By Messrs. Smith and Caldwell of the 39th:
A Bill to amend Code Section 21-105 of the Code of Georgia of 1933, re lating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.

HB 996. By Messrs. Farmer and Matthews of the 16th:
A Bill to amend an Act establishing a City Court in the County of Clarke (now known as the City court of Athens), so as to provide for a special investigator; to provide for his qualifications; and for other purposes.

HB 1003. By Mr. Collwell of the 5th:
A Bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes.

HB 1005. By Messrs. Mason and Nash of the 13th:
A Bill to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the provisions relating to audits; and for other purposes.

HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to amend an Act creating a new charter for the City of Albany, so as to change the compensation of the mayor and city commissioners; and for other purposes.

HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board; and for other purposes.

HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A Bill to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.

HB 248. By Mr. Murphy of the 19th:
A Bill to amend an Act creating the Department of Public Safety, so as to provide for Chief Radio Operators and Chief license examiners; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th and others:
A Bill to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the com mission to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate review; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A Bill to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.

HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd, and others:
A Bill to provide that it shall be unlawful for any person, firm or cor poration to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.

The Senate has adopted, by the requisite constitutional majority the following Eesolution of the House, to-wit:

HR 298-851. By Mr. Collier of the 54th:
A Resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.

HR 307-904. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of a certain tract of land lo cated in Baldwin County; and for other purposes.

WEDNESDAY, MARCH 26, 1969

2973

HR 257-758. By Messrs. Parker and Nessmith of the 44th:
A Resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane Bridge"; and for other purposes.

HR 304-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meet ing of the General Assembly; and for other purposes.

HR 305-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution to ratify, approve and confirm the Executive Order Of the Governor, dated March 11, 1968, suspending the collection of taxes im posed upon the sale of tangible property to certain general non-profit hospitals; and for other purposes.

HR 306-889. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Orders of the Governor, suspending the collection of taxes imposed on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State; and for other purposes.

The Senate has adopted, as amended, by the requisite constitutional major ity the following Resolution of the House, to-wit:

HR 226-630. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property", and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

SB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th, and others:
A Bill to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to provide that special elections

2974

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called shall be conducted in conformity with the Georgia Election Code; and for other purposes.

HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A Bill to amend the "Building and Loan Act", so as to define certain terminology permitted by Federal Law to Federal savings and loan associations to denote any portion of the capital of such associations; and for other purposes.

HB 953. By Mr. Barber of the 15th:
A Bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to authorize the Commission to use and administer in terest in property; and for other purposes.

HB 954. By Mr. Barber of the 15th:
A Bill to amend an Act creating the Georgia Higher Education Assist ance Corporation so as to authorize the Corporation to enter into cer tain contracts; and for other purposes.

HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th, Hawes of the 95th, Chandler of the 34th and Busbee of the 61st:
A Bill to amend an Act known as the "Georgia Building Authority Act" (formerly known as the "State Office Building Authority Act"), so as. to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.

HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th and Cook of the 95th:
A Bill to require safe construction and installation of boilers and pres sure vessels; to provide for the safety of persons and property; and for other purposes.

HB 607. By Mr. Conner of the 56th:
A Bill to amend an Act entitled "An Act to levy a tax upon fees, inter ests, insurance premiums and all other charges of whatever kind col lected by persons licensed under the Georgia Industrial Loan Act"; and for other purposes, so as to conform the rate of taxation therein to the provisions of a resolution approved February 13, 1956, to change the method of remitting said tax; and for other purposes.

WEDNESDAY, MARCH 26, 1969

2975

HB 684. By Mr. Wamble of the 69th:
A Bill to authorize the creation, within the State Division of Conserva tion, an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political sub divisions pursuant to the United States "Land and Water Conservation Fund Act of 1965" and for other purposes.

HB 1008. By Mr. Jones of the 59th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referen dum; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 917. By Mr. McCracken of the 36th:
A Bill to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.

HB 977. By Mr. Hargrett of the 58th:
A Bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners shall appoint the city attorney; and for other purposes.

HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to amend an Act creating the office of commissioner for the County of Walker, so as to authorize an automobile for the use of the commissioner in conducting the official duties of his office; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 190-527. By Mr. Wamble of the 69th:
A Resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a

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new State Park site known as the Tired Creek project located in Grady County; and for other purposes.

HE 228-644. By Messrs. Dickinson of the 118th, Farrar, Thomason and Levitas of the 77th and others:
A Resolution urging the Governor to take the necessary action to acquire title to a certain tract of property located in Sweetwater Valley in Douglas County; and for other purposes.

HR 310-905. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A Resolution authorizing the conveyance of land by Dougherty County; and for other purposes.

The Senate has passed by the requisite constitutional majority the following1 Bills of the House, to-wit:

HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th, and others:
A Bill to amend an Act creating the Ocean Science Center of the At lantic Commission, so as to provide for the establishment of marine resources extension centers; and for other purposes.

HB 838. By Mr. Rainey of the 47th: A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Pish Commission, so as to change a certain definition; to authorize the Com mission to accept grants and donations; and for other purposes.
HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st and others: A Bill to create the Groveland Lake Development Authority; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Con ference to confer with a like Committee on the part of the House on the follow ing Bill of the House, to-wit:
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th and others: A Bill to amend Code Title 34A, relating to municipal elections, so as

WEDNESDAY, MARCH 26, 1969

2977

to prohibit municipalities from conducting non-partisan primaries; and for other purposes.

The president has appointed on the part of the Senate the following Senators: Johnson of the 38th, Walling of the 42nd, and Garrard of the 37th.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th, Hood of the 99th and others:
A Bill to create a separate retirement system for certain employees of public schools who are not eligible for Teachers' Retirement; and for other purposes.

HB 524. By Messrs. Matthews of the 63rd, and Lowrey of the 9th:
A Bill to be known as the "Georgia Meat Inspection Act"; and for other purposes.

HB 999. By Mr. Lee of the 61st:
A Bill to create the Policy and Evaluation Committee for Electronic Date Processing; and for other purposes.

HB 208. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of superior court; and for other purposes.

HB 209. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court and others on an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.

HB 531. By Mr. Wheeler of the 57th:
A Bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.

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HB 284. By Mr. Harrison of the 66th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.

HB 287. By Mr. Harrison of the 66th: A Bill to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.
HB 382. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Daugherty of the 109th and others: A Bill to amend an Act establishing a. new charter for the City of Atlanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.
HB 770. By Mr. Jordan of the 55th: A Bill to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit con ducted of the financial affairs, books and records of the City of Douglas; and for other purposes.

HB 771. By Mr. Jordan of the 55th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in the county of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit con ducted of the financial affairs, books and records of Coffee County; and for other purposes.

HB 774. By Mr. Wheeler of the 57th:
A Bill to amend an Act creating a new Charter for the City of Alma, so as to remove certain provisions in the title of said Act relating to limitations on taxation; to provide for the levy and collection of taxes; and for other purposes.

HB 845. By Mr. Hargrett of the 58th:
A Bill to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other pur poses.

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2979

HB 859. By Mr. Wheeler of the 57th:
A Bill to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.

HB 920. By Mr. DeLong of the 80th:
A Bill to amend an Act changing from the fee to the salary system cer tain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.

HB 936. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling county upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.

HB 937. By Mr. Conner of the 56th:
A Bill to fix the compensation of the members of the Board of Educa tion of Appling County; and for other purposes.

HB 938. By Mr. Conner of the 56th:
A Bill to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.

HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th, Jones of the 87th and Funk of the 92nd:
A Bill to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that the employees of Chatham County shall be afforded an opportunity to elect three members to the said Civil Service Board, which three members shall be in addition to the present membership thereof; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 617. By Mr. Bostick of the 63rd: A Bill to amend an Act creating a new charter for the City of Tifton,

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so as to extend the corporate limits of the City of Tifton; and for other purposes.

HB 976. By Mr. Hargrett of the 58th: A Bill to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd: A Bill to amend an Act promoting the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.

HB 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88th:
A Bill to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.

HB 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A Bill to create a State Building Administrative Board; to authorize the Board to adopt Standard Minimum Codes; to provide for local enforce ment and administration of such codes; to provide for permissive adop tion of such codes by municipalities and counties; and for other purposes.

HB 585. By Mr. Harrison of the 66th:
A Bill to provide for the election of the members of the Board of Edu cation of Charlton County; and for other purposes.

HB 190. By Mr. Harris of the 77th:
A Bill to provide that the salary of the District Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Moun tain Judicial Circuit; and for other purposes.

WEDNESDAY, MARCH 26, 1969

2981

HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A Bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, so as to abolish the annual salary of the district attorney of said judicial circuit; and for other purposes.

HB 285. By Mr. Harrison of the 66th: A Bill to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Subdivision, Unit Two, City of Saint Marys; and for other purposes.
HB 928. By Messrs. Scarlett and Harris of the 67th:
A Bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.

HB 930. By Messrs. Scarlett and Harris of the 67th:
A Bill to amend an Act creating the City Court of Brunswick, so as to change the name of said court, and for other purposes.

HB 957. By Messrs. Levitas, Thomason, Farrar and Harris of the 77th, and others:
A Bill to amend an Act establishing a new charter for the City of At lanta, relating to corporate boundaries; and for other purposes.

The Senate has adopted the following Resolutions of the House, to-wit:

HR 412. By Messrs. Adams of the 100th, Salem of the 51st, Brown of the 32nd, Carnes of the 104th, and many, many others:
A Resolution commending the lovely ladies of the Legislative Council's Office; and for other purposes.

HR 417. By Messrs. Adams of the 100th, Salem and Rush of the 51st, Brown and Melton of the 32nd and many others.
A Resolution commending the Legislative Counsel and his staff and for other purposes.

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The Senate has adopted the report of the Committee of Conference on the following Bills of the House and Senate, to-wit:

SB 149. By Senators Padgett of the 23rd and Cog-gin of the 35th:
A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth; and for other purposes.

HB 30. By Mr. Levitas of the 77th:
A Bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

SB 96. By Senator Chapman of the 32nd:
A Bill to amend an Act approved March 14, 1963, so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other pur poses.

SB 191. By Senator Bateman of the 27th:
A Bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.

SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A Bill to provide that foreign merchandise in transit shall acquire no situs in this State for the purposes of property taxation; and for other purposes.

The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

WEDNESDAY, MARCH 26, 1969

2983

SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A Bill to amend Code Title 56 known as the "Georgia Insurance Code", as amended, to make certain changes in regard to hospital care; and for other purposes.

The Senate has passed, as amended, hy the requisite constitutional majority the following Bills of the House, to-wit:

HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A Bill to amend the Code of Georgia of 1933, as amended, so as to in crease the time within which certain vehicles must be registered and a license plate required; and for other purposes.

HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, and others:
A Bill to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 236. By Mr. London of the 50th:
A Bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Mr. Harris of the 77th asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the Senate:

SB 202. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law of Georgia", so as to remove the provisions relating to private banks; and for other purposes.

The consent was granted, and the House reconsidered its action in failing to pass SB 202.

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Mr. Rowland of the 42nd asked unanimous consent that the House recon.sider its action in failing to pass the following Bill of the Senate:

SB 26. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend an Act so as to change the sal aries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
The consent was granted, and the House reconsidered its action in failing to pass SB 26.
Mr. Conner of the 56th asked unanimous consent that the following Bill of the Senate be recommitted to the Committee on Insurance:

SB 222. By Senator Holloway of the 12th:
A Bill to be entitled an Act relating to the establishment of a FAIR Plan to make essential property insurance available to all qualified applicants, and for other purposes.

The consent was granted, and SB 222 was recommitted to the Committee on Insurance.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 30. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act so as to change the compo sition of the Code Revision Council of the Legislative Services Commit tee; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMITTEE REPORT ON HB 30
The Conference Committee on HB 30 recommends the following:
That the Senate recedes from its position and that House Bill No. 30 be adopted as it passed the House of Representatives.

WEDNESDAY, MARCH 26, 1969

2985

Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE OF REPRESENTATIVES

R. Eugene Holley Senator, 22nd District
Robert H. Smalley, Jr. Senator, 28th District
Julian Webb Senator, llth District

George D. Busbee Representative, 61st District
J. Robin Harris Representative, 77th District
Elliott H. Levitas Representative, 77th District

Mr. Levitas of the 77th moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber
Battle Bell Bennett Berry Black Bohannon Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Collier Collins, M. Collins, S. Colwell Conger Connell Conner Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Egan
Ellis Ezzard Farmer Farrar Felton Floyd, L. R. Funk
Gary Gaynor Gignilliat Graves Gunter Harrington Harris, J. F. Harris, J. R. Hawes Higginbotham Hill, B. L.
Hill, G.

Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Melton

2986
Merritt Miles Milford Moate Moore Morris Mullinax Nessmith Nunn Odom Pafford Parker, C. A. Parker, H. W. Peters Peterson

JOURNAL OF THE HOUSE,

Phillips, L. L. Phillips, W. R. Pinkston Reaves Ross Rowland Russell Scarlett Shepherd Sherman Simkins Simmons Sims Snow Sorrells

Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles

Those not voting were Messrs.:

Barfield Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Caldwell Clarke Cole Cook Cooper Dean, J. E. DeLong Dodson Edwards Evans Fallin Floyd, J. H. Geisinger

Grahl Hadaway Hale Hamilton Hargrett Harris, R. W. Harrison Henderson Holder Hood Knapp Lambert Leonard Mason Matthews, D. R. McCracken McDaniell Miller Murphy Nash Northcutt

Paris Patterson Phillips, G. S. Pickard Poole Potts Rainey Roach Rush Salem Shanahan Smith, J. R. Smith, V. T. Townsend Williams Wilson Wood Mr. Speaker Scarborough

On the motion to adopt, the ayes were 134, nays 0.

The report of the Committee of Conference on HB 30 was adopted.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:

HB 593. By Messrs. Harris of the 77th, Jones and Buck of the 84th, and others: A Bill to be entitled an Act to amend an Act striking in its entirety

WEDNESDAY, MARCH 26, 1969

2987

Title 22 of the Code, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.

The following Senate amendments were read:
SENATE JUDICIARY COMMITTEE MOVES TO AMEND HOUSE BILL 593
By striking in caption of said Bill the following:
"to further define the term 'earned surplus';
and by substituting in lieu thereof the following:
"To define the term 'address';"
And by striking in said caption the following:
"To provide for execution of deeds after dissolution of a cor poration" and substituting in lieu thereof the following:
"To provide for execution of deeds or other transfer instru ment after dissolution of a corporation;"
And by striking in said caption the following:
"to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of such number of the voting shares as may be required under the articles of incorporation or the bylaws for the election of directors;" And substituting in lieu thereof the following:
"to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or such greater number of the voting shares as may be required under the articles of incorporation or the bylaws for the election of directors;"
And by striking in said caption the following:
'to remove the requirement that the Secretary of State notify each corporation that has failed or refused to file its annual report 30 days after each said annual report is due;"
And substituting in lieu thereof the following:
"to provide for application to undomesticated foreign corpora tions heretofore authorized to transact business in this State;"

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And by striking in said caption the following:

"to strike Code Chapter 22-99, relating to crimes, and to provide a new Code Chapter containing provisions relating to crimes of a corporation, corporate officers or any persons, and providing pen alties; to provide that foreign corporations required to have cer tificates of authority shall not maintain actions in any court of the State until they have obtained such certificates and to provide for the voidability of contracts of such corporations;"

And substituting in lieu thereof the following:

"to preserve certain executive committees validly created under prior general corporation law; to provide for a fee of $50 for filing a petition to amend a petition; to renumber Code Section 22-9901.1 as Section 22-9902; to provide for notice to corporation of ficers by registered agent who resigns; to eliminate Code Section 22-405; to provide that certain series of shares may have voting rights fixed by the articles of incorporation or by resolution of board of directors or shareholders; to provide for notice to share holders in certain mergers of subsidiaries; to provide for special proceedings for dissenting shareholders; to provide for procure ment of certificates of authority to transact business by foreign corporations; to eliminate Code Section 22-2405; to provide for forfeiture of the charter of corporations chartered by the Secre tary of State; to explain intention as to venue;"

By striking Section 1 in its entirety and substituting in lieu thereof the following:

"Section 1. An Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22 containing the "Georgia Business Corporation Code", the "Georgia Nonprofit Corporation Code"; provisions relating to corporations chartered by the Secretary of State, miscellaneous provisions of corporation law, and provisions relating to crimes of a corporation, corporate officers or any person, approved April 3, 1968 (Ga. Laws 1968, p. 565), is hereby amended by striking sub section (q) of Section 22-102 in its entirety and substituting in lieu thereof a new subsection (q) to read as follows:

(q) "Address" means a complete mailing address including the county and whenever practicable a street and number or building and floor.'"

And by striking in Section 3 the phrase "Section 23-103" and sub stituting in lieu thereof the phrase "Section 22-103".

And by inserting in Section 5 after the phrase "(e) Deeds" and before the phrase "requiring execution" the phrase "or other transfer instrument" and by inserting after the phrase "in the real estate" and before the word "described" the phrase "or other property".

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2989

And by striking Section 33 in its entirety and substituting in lieu thereof the following:

"Section 33. Said Act is further amended by striking from subsection (c) of Section 22-703 the second sentence which reads "The provisional director shall have all rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is re moved by order of the court or by vote or written consent of the holders of a majority of the voting shares" and by substituting in lieu thereof the following sentence: 'The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or holders of such higher number of voting shares as may be re quired under the articles of incorporation or the bylaws for the election of directors.'"

And by inserting in Section 38 in proposed subparagraph (3) of subsection (b) of Section 22-1002 after the phrase "of cash and such securities" and before the phrase "which is to be paid" a comma (,).

And by striking Section 51 in its entirety and substituting in lieu thereof the following:

"Section 51. Said Act is further amended by striking Section 22-1419 in its entirety and substituting in lieu thereof the following:

"22-1419. Application to Undomesticated Foreign Corporations Heretofore Authorized to Transact Business in this State. Undo mesticated foreign corporations which have complied with an Act passed January 31, 1946 (Ga. Laws 1946, p. 687), at the time this Code takes effect and which pursue in this State a purpose or pur poses for which a corporation might be organized under any stat ute of this State, shall be entitled to all the rights and privileges applicable to foreign corporation procuring certificates of authority hereunder to transact business in this State, and from the time this Code takes effect, such corporations shall be subject to all the limitations, restrictions, liabilities and duties prescribed herein for foreign corporations procuring certificates of authority hereunder to transact business in this State."

And by striking Section 66 in its entirety and substituting in lieu thereof the following:

"Section 66. Said Act is further amended by adding at the end of Section 22-2606 a new subparagraph to be designated subpara graph (e) and to read as follows:

'(e) Nothing in this Section shall be construed to invali date any executive committee validly created under the prior

2990

JOURNAL OP THE HOUSE,

general corporation law and existing on the effective date of this Code.'"

And by striking Section 71 in its entirety and substituting in lieu thereof the following:

"Section 71. Said Act is further amended by adding to Section 22-4701 a new subsection, to be designated subsection '(i)' and to read as follows:

'(i) filing a petition to amend a petition on file with the Secretary of State, $50. "

And by striking Section 75 in its entirety and substituting in lieu thereof the following:

"Section 75. Said Act is further amended by renumbering Section 22-9901.1 as Section 22-9902."

And by striking Section 76 in its entirety and substituting in llieu thereof the following:

"Section 76. Said Act is further amended by striking subsec tion (d) of Section 22-402 in its entirety and by substituting in lieu thereof a new subsection (d) to read as follows:

'(d) Any registered agent of a corporation may resign as such agent upon filing a written notice thereof with the Secre tary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least 10 days prior to the date of filing such notice a written notice of the agent's inten tion to resign was mailed or delivered to the president, secre tary or treasurer of the corporation for which such agent is acting.'"

And by Striking Section 77 in its entirety and substituting in lieu thereof the following:

"Section 77. Said Act is further amended by changing in sub section (a) of Section 22-403 the comma (,) after the word 'com plaint' to a period (.) and by striking the words 'as if the registered agent were a defendant'."

And by striking Section 80 in its entirety and by substituting in lieu thereof the following:

"Section 80. Said Act is further amended by striking Section 22-405 in its entirety."

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2991

And by striking Section 81 in its entirety and by substituting in lieu thereof the following:

"Section 81. Said Act is further amended by adding a new sen tence at the end of subsection (a) of Section 22-501 to read as follows:

'The voting rights of each series within a preferred or special class of shares may be fixed and determined by the articles of incorporation or, when permitted under Section 22-502 (b), by resolution of the board of directors or share holder.' "

And by adding a new Section to be numbered 82 and to read as follows:

"Section 82. Said Act is further amended by adding at the end of Section 22-508 a new paragraph (h) to read as follows:

'(h) Nothing in this Section shall be construed to invali date any share certificate validly issued and outstanding on the leafwfe'c."tive date of this Code under the prior general corporation

And by adding a new Section to be numbered 83 and to read as follows:
"Section 83. Said Act is hereby amended by inserting after the phrase 'of all outstanding' and before the word 'shares' in the first sentence of subsection (b) of Section 22-703 the word 'voting'."
And by adding a new Section to be numbered 84 and to read as follows:
"Section 84. Said Act is hereby amended by adding at the end of Section 22-708 a new subparagraph to be designated subparagraph (e) and to read as follows:
'(e) Nothing in this Section shall be construed to invali date any executive committee validly created under the prior general corporation law and existing on the effective date of this Code'."
And by adding a new Section to be numbered 85 and to read as follows:
"Section 85. Said Act is hereby amended by inserting in sub section (b) of Section 22-807 after the phrase 'articles of incorpora tion' and before the phrase 'but any bylaws' the phrase 'or in by laws previously adopted by the shareholders'."

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JOURNAL OF THE HOUSE,

And by adding a new Section to be numbered 86 and to read as follows:

"Section 86. Said Act is hereby amended by striking subsec tion (c) of Section 22-1005 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:

'(c) In the event all the shares of a subsidiary corporation party to a merger effected under this Section are not at the time owned by the parent corporation, the parent corporation
shall, no later than ten days prior to the date on which the merger is to become effective, notify each shareholder of the subsidiary corporation that the merger is to become effective. The notice shall be sent by registered or certified mail, ad dressed to each shareholder at his address as it appears on the records of the corporation, and shall contain a clear and con cise statement that shareholders dissenting from the merger are entitled, if they comply with the provisions of this subsec tion, to be paid the fair value of their shares. A copy of the plan of mergers or an outline of the material features of the plan shall accompany the notice. Within 20 days after the date of the mailing of the notice, any shareholder to whom the parent corporation was required to give such notice and who elects to dissent shall file with the corporation a notice of such as provided in Section 22-1202 (c), and thereupon the parties shall have the rights and duties and shall follow the procedure set forth in subsections (d) through (k) of Section 22-1202.'"

And by adding a new Section to be numbered 87 and to read as follows:

"Section 87. Said Act is hereby amended by striking from subparagraph (1) of subsection (g) of Section 22-1202 the word

And by adding a new Section to be numbered 88 and to read as. follows:
"Section 88. Said Act is further amended by striking the sec ond sentence in subsection (a) of Section 22-1401 which reads, 'No foreign corporation shall be entitled to procure a certificate of au thority under this Code (Chapters 22-1 through 22-20) to transact in this State any business which a corporation organized under thi Code is not permitted to transact.' and by substituting in lieu there of the following:
"A foreign corporation shall be entitled to procure a cer tificate of authority hereunder to transact any business in this State which a corporation organized under the laws of this State is permitted to transact.' "
And by adding a new Section to be numbered 89 and to read asfollows:

WEDNESDAY, MARCH 26, 1969

2993

"Section 89. Said Act is further amended by striking subsec tion (c) of Section 22-1409 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:

'(c) Any registered agent of a foreign corporation may re sign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall termi nate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such no tice an affidavit of such agent that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary, or treasurer of the corporation for which such agent is acting.'"

And by adding a new Section to be numbered 90 and to read as follows:

"Section 90. Said Act is further amended by changing in sub section (a) of Section 22-1410 after the word 'complaint' the comma (,) to a period (.) and by striking the words 'as if the registered agent were a defendant'."

And by adding a new Section to be numbered 91 and to read as follows:

"Section 91. Said Act is further amended by striking in Sec tion 22-2104 the designation '(a)' at the beginning of said Section."

And by adding a new Section to be numbered 92 and to read as follows:

"Section 92. Said Act is further amended by striking Section 22-2405 in its entirety."

And by adding a new Section to be numbered 93 and to read as follows:

"Section 93. Said Act is further amended by striking subsection (a) of Section 22-4109 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

(a) A corporation may forfeit its Charter:

1. By failure to file its annual report to the Secretary of State within the time required by Section 22-4601, or by failure to file its annual license or occupation tax return on or before the day such return becomes due; or

2. By having procured its Charter through fraud; or

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JOURNAL OF THE HOUSE,

3. By continuing, after written notice by the Secretary of State to the corporation at its last known address as shown by the records of the Secretary of State, to violate the laws of this State in a manner likely to injure the pub lic or the corporation's shareholders, creditors, or debtors, except that the Secretary of State shall not declare a for feiture on this ground so long as the corporation is con testing in good faith, in any appropriate judicial or ad ministrative proceeding, the alleged violation or violations of the laws of this State.' "

And by adding a new Section to be numbered 94 and to read as follows:

"Section 94. Said Act is further amended by amending Chap ter 22-48 thereof by adding thereto a new Section to be designated Section 22-4802 to read as follows:

'22-4802. Intention as to Venue. Nothing in this Act shall affect existing statutes with respect to the venue of suits against railroad and electric companies, banking, insurance, canal, navigation, express and telegraph companies, which ex isting statutes include as to railroad and electric companies those statutes which are codified as Sections 41-201, 41-202 and 41-203 of the Code of Georgia of 1933; as to telegraph companies that statute codified as Section 104-208 of the Code of 1933; as to companies under the jurisdiction of the Georgia Public Service Commission the Acts of the General Assembly of Georgia as follows: Ga. Laws 1907, pp. 72, 79; Ga. Laws 1946, pp. 726, 756 (Section 93-416, Georgia Code Annotated).'"

And by adding a new Section to be numbered 95 and to read as follows:

"Section 95. Said Act is further amended by inserting in para graph (2) of subsection (d) of Section 22-803 after the phrase 'the official organ of said county' and before the phrase "(as of the date' the phrase 'or which is a newspaper of general circulation published within said county'."

And by adding a new Section to be numbered 96 and to read as follows:

"Section 96. This Act shall become effective April 1, 1969, or at such later date as the same shall be approved by the Governor or otherwise becomes law."

And by adding a new Section to be numbered 97 and to read as follows:

"Section 97. All laws and parts of laws in conflict with this Act are hereby repealed."

WEDNESDAY, MARCH 26, 1969

2995

Senator Smalley of the 28th moves to amend House Bill 593:

By adding a new section to be numbered 98 and to read as follows:

"98. Said Act is further amended by striking in subsection (a) of 22-802 the word "representative" and by substituting in lieu thereof the word "attorney".

And by adding a new section to be numbered 99 and to read as follows:

"99. Said Act is further amended by striking subsection (a) of Section 22-1801 in its entirety and by substituting in lieu thereof the following:

'(a) Each corporation, domestic or foreign that fails or refuses to file its annual report for any year shall be penalized $50 for each year in which it so fails or refuses.' "

And by adding a new Section to be numbered 100 and to read as follows:

"100. Said Act is further amended by inserting in subsection (a) of Section 22-1313 after the phrase "articles of dissolution, accompanied" and before the phrase "by a notice" the phrase "by the corporation's certification that all taxes have beeen paid and".

The following House amendment to the Senate amendments was read and adopted:
Messrs. Harris of the 77th, Levitas of the 77th and Egan of the 116th move to amend the Senate amendments to House Bill No. 593 in the following manner:
A. By amending the Senate Judiciary Committee amendment by striking everything following the words "Senate Judiciary Committee Amendment to House Bill 593" and substituting in lieu thereof the following:
"1. By striking in caption of said Bill the following:
'to further define the term "earned surplus";'.
2. By striking in said caption the following:
'To provide for execution of deeds after dissolution of a corporation',
and substituting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

'To provide for execution of deeds or other transfer instru ments after dissolution of a corporation;'.

3. By striking in said caption the following:

'to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of such number of the voting shares as may be required under the articles of incorporation or the by-laws for the election of directors;',

and substituting in lieu thereof the following:

'to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or such greater number of the voting shares as may be required under the articles of in corporation or the bylaws for the election of directors;'.

4. By adding in said caption the following:

'to provide for application to undomesticated foreign cor porations heretofore authorized to transact business in this State;'.

5. By adding in said caption the following:

'to preserve certain executive committees validly created
under prior general corporation law; to provide for a fee of $50 for filing a petition to amend a petition; to provide for pub lication in a newspaper in addition to the offical organ; to
provide for notice to corporation officers by registered agent who resigns; to eliminate Code Section 22-405; to provide that certain series of shares may have voting rights fixed by the articles of incorporation or by resolution of board of directors or shareholders; to provide for notice to shareholders in cer tain mergers of subsidiaries; to provide for special proceedings for dissenting shareholders; to provide for procurement of certificates of authority to transact business by foreign cor porations; to eliminate Code Section 22-2406; to provide for forfeiture of the charter of corporations chartered by the Sec retary of State; to explain intention as to venue;'.

6. By striking Section 1 in its entirety and substituting in lieu thereof the following:

'Section 1. An Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu
thereof a new Title 22 containing the "Georgia Business Corpo ration Code", the "Georgia Nonprofit Corporation Code", pro visions relating to corporations chartered by the Secretary of State, miscellaneous provisions of corporation law, and provi-

WEDNESDAY, MARCH 26, 1969

2997

sions relating to crimes of a corporation!!, corporate officers or any person, approved April 3, 1968 (Ga. Laws 1968, p. 565), is hereby amended by adding at the end of Section 22-2606 a new subparagraph to be designated subparagraph (e) and to read as follows:

"(e) Nothing in this Section shall be construed to in validate any executive committee validly created under the
prior general corporation law and existing on the effective date of this Code.'"

7. By striking in Section 3 the phrase 'Section 23-103' and substituting in lieu thereof the phrase 'Section 22-103'.

8. By inserting in Section 5 after the phrase '(e) Deeds' and before the phrase 'requiring execution' the phrase 'or other transfer instruments' and by inserting after the phrase 'last officers' the phrase 'or directors' and by inserting after the phrase 'in the real estate' and before the word 'described' the phrase 'or other prop erty'.

9. By striking Section 33 in its entirety and substituting in lieu thereof the following:

'Section 33. Said Act is further amended by striking from subsection (c) of Section 22-703 the second sentence which reads:

"The provisional director shall have all rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares.",

and by substituting in lieu thereof the following sentence:

"The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at sucjh meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or holders of such higher number of voting shares as may be required under the articles of incorpora tion or the bylaws for the election of directors."'

10. By inserting in Section 38 in proposed subparagraph (3) of subsection (b) of Section 22-1002 after the phrase 'of cash and such securities' and before the phrase 'which is to be paid' a comma (,).

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JOURNAL OF THE HOUSE,

11. By adding a new section to be known as Section 82 and to read as follows:

'Section 82. Said Act is further amended by striking Sec tion 22-1419 in its entirety and substituting in lieu thereof the following:

"22-1419. Application to Undomesticated Foreign Cor porations Heretofore Authorized to Transact Business in this State. Undomesticated foreign corporations which have complied with an Act passed January 31, 1946 (Ga. Laws 1946, p. 687), at the time this Code takes effect and which pursue in this State a purpose or purposes for which a corporation might be organized under any statute of this State, shall be entitled to all the rights and privileges ap plicable to foreign corporations procuring certificates of authority hereunder to transact business in this State, and from the time this Code takes effect, such corporations shall be subject to all the limitations, restrictions, liabili ties and duties prescribed herein for foreign corporations procuring certificates of authority hereunder to transact business in this State."'

12. By adding a new section to be known as Section 83 and to read as follows:

'Section 83. Said Act is further amended by adding at the end of Section 22-2606 a new subparagraph to be designated subparagraph (e) and to read as follows:

"(e) Nothing in this section shall be construed to inval idate any executive committee validly created under the prior general corporation law and exsiting on the effective date of this Code." '

13. By striking Section 71 in its entirety and substituting in lieu thereof the following:

'Section 71. Said Act is further amended by adding to Section 22-4701 a new subsection, to be designated (i) and to read as follows:

"(i) filing a petition to amend a petition on file with the Secretary of State, $50." '

14. By adding a new section to be known as Section 84 and to read as follows:

'Section 84. Said Act is further amended by striking sub section (d) of Section 22-402 in its entirety and by substituting in lieu thereof a new subsection (d) to read as follows:

WEDNESDAY, MARCH 26, 1969

2999

"(d) Any registered agent of a corporation may re sign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice hy the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary or treasurer of the corporation for which such agent is acting."'

15. By adding a new section to be known as Section 85 and to read as follows:

'Section 85. Said Act is further amended by changing in subsection (a) of Section 22-403 the comma (,) after the word "complaint" to a period (.) and by striking the words "as if the registered agent were a defendant".'

16. By striking Section 80 in its entirety and by substituting in lieu thereof the following:

'Section 80. Said Act is further amended by striking Sec tion 22-405 in its entirety.'

17. By striking Section 81 in its entirety and by substitutingin lieu thereof the following:

'Section 81. Said Act is further amended by adding a new sentence at the end of subsection (a) of Section 22-501 to read as follows:

"The voting rights of each series within a preferred or special class of shares may be fixed and determined by the articles of incorporation or, when permitted under Section 22-502 (b), by resolution of the board of directors or shareholders." '

18. By adding a new section to be numbered 86 and to read as follows:

'Section 86. Said Act is further amended by adding at the end of Section 22-508 a new paragraph (h) to read as follows:

"(h) Nothing in this section shall be construed to in validate any share certificate validly issued and outstand ing on the effective date of this Code under the prior gen eral corporation law."'

19. By adding a new section to be numbered 87 and to read asfollows:

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JOURNAL OF THE HOUSE,

'Section 87. Said Act is hereby amended by inserting after the phrase "of all outstanding" and before the word "shares" in t"hveotfiinrgs"t.'sentence of subsection (b) of Section 22-703 the word

20. By adding a new section to be numbered 88 and to read as follows :

'Section 88. Said Act is hereby amended by adding at the end of Section 22-708 a new subparagraph to be designated subparagraph (e) and to read as follows:
"(e) Nothing in this section shall be construed to in validate any executive committee validly created under the prior general corporation law and existing on the effective date of this Code.'"
21. By adding a new section to be numbered 89 and to read as follows:
'Section 89. Said Act is hereby amended by inserting in subsection (b) of Section 22-807 after the phrase "articles of incorporation" and before the phrase "but any bylaws" the phrase "or in bylaws previously adopted by the shareholders".'
22. By adding a new section to be numbered 90 and to read as follows:
'Section 90. Said Act is hereby amended by striking sub section (c) of Section 22-1105 in its entirety and by substitut ing in lieu thereof a new subsection (c) to read as follows:
"(c) In the event all the shares of a subsidiary cor poration party to a merger effected under this section are not at the time owned by the parent corporation, the parent corporation shall, no later than ten days prior to the date on which the merger is to become effective, notify each shareholder of the subsidiary corporation that the merger is to become effective. The notice shall be sent by regis tered or certified mail, addressed to each such shareholder at his address as it appears on the records of the corpora tion, and shall contain a clear and concise statement that shareholders dissenting from the merger are entitled, if they comply with the provisions of this subsection, to be paid the fair value of their shares. A copy of the plan of merger or an outline of the material features of the plan shall accompany the notice. Within 20 days after the date of the mailing of the notice, any shareholder to whom the parent corporation was required to give such notice and who elects to dissent shall file with the corporation a no tice of such as provided in Section 22-1202 (c), and there upon the parties shall have the rights and duties and shall

WEDNESDAY, MARCH 26, 1969

3001

follow the procedure set forth in subsections (d) through (k) of Section 22-1202." '

23. By adding a new section to be numbered 91 and to read as follows:
'Section 91. Said Act is hereby amended by striking from subparagraph (1) of subsection (g) of Section 22-1202 the word "nonjury".'
24. By adding a new section to be numbered 92 and to read as follows:
'Section 92. Said Act is further amended by striking the second sentence in subsection (a) of Section 22-1401 which reads,
"No foreign corporation shall be entitled to procure a certificate of authority under this Code (Chapters 22-1 through 22-20) to transact in this State any business which a corporation organized under this Code is not permitted to transact."
and by substituting in lieu thereof the following:

"No foreign corporation shall be entitled to procure a certificate of authority under this Code to transact in this State any business which a corporation organized under the laws of this State is not permitted to transact, and no foreign corporation shall be entitled to procure a certificate of authority to transact any business in this State which under any of the laws of this State a foreign corporation is not permitted to transact. Any foreign cor poration to which a certificate of authority is granted shall be subject to all the licensing and regulatory statutes of this State relating to businesses of the kind which the foreign corporation proposes to transact in this State."'

25. By adding a new section to be numbered 93 and to read as follows:

'Section 93. Said Act is further amended by striking sub section (c) of Section 22-1409 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:

"(c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least ten days prior to the date of filing such no-

3002

JOURNAL OF THE HOUSE,

tice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary, or treas urer of the corporation for which such agent is acting." '

26. By adding a new section to be numbered 94 and to read as follows:

'Section 94. Said Act is further amended by changing in subsection (a) of Section 22-1410 after the word "complaint" the comma (,) to a period (.) and by striking the words "as if the registered agent were a defendant".'
27. By adding a new section to be numbered 95 and to read as follows:
'Section 95. Said Act is further amended by striking in Section 22-2104 the designation "(a)" at the beginning of said section.'
28. By adding a new section to be numbered 96 and to read as follows:
'Section 96. Said Act is further amended by striking Section 22-2405 in its entirety.'
29. By adding a new section to be numbered 97 and to read as follows:
'Section 97. Said Act is further amended by strikingsubsection (a) of Section 22-4109 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) A corporation may forfeit its Charter:
1. By failure to file its annual report to the Sec retary of State within the time required by Section 22-4601, or by failure to file its annual license or occu pation tax return on or before the day such return becomes due; or
2. By having procured its Charter through fraud; or

3. By continuing, after written notice by the Secretary of State to the corporation at its last known address as shown by the records of the Secretary of State, to violate the laws of this State in a manner likely to injure the public or the corporation's share holders, creditors, or debtors, except that the Secretary of State shall not declare a forfeiture on this ground so long as the corporation is contesting in good faith, in any appropriate judicial or administrative proceed-

WEDNESDAY, MARCH 26, 1969

3003

ing, the alleged violation or violations of this laws of this State."'

30. By adding a new section to be numbered 98 and to read as follows:

'Section 98. Said Act is further amended by amending Chapter 22-48 thereof by adding thereto a new section to be designated Section 22-4802 to read as follows:

"22-4802. Intention as to Venue. Nothing in this Act shall affect existing statutes with respect to the venue of suits against railroad and electric companies, banking, in surance, canal, navigation, express and telegraph com panies, which existing statutes include as to railroad and electric companies those statutes which are codified as Sections 41-201, 41-202 and 41-203 of the Code of Georgia
of 1933; as to telegraph companies that statute codified as Section 104-208 of the Code of 1933; as to companies under the jurisdiction of the Georgia Public Service Com mission the Acts of the General Assembly of Georgia as follows:

Ga. Laws 1907, pp. 72, 79; Ga. Laws 1946, pp. 726, 756 (Section 93-416, Georgia Code Annotated)."'

31. By adding a new section to be numbered 99 and to read as follows:

'Section 99. Said Act is further amended by inserting in paragraph (2) of subsection (d) of Section 22-803 after the phrase "the official organ of said county" and before the
phrase "(as of the date" the phrase "or which is a newspaper of general circulation published within said county whose an nual statement of ownership and circulation reflects a mini mum of sixty (60%) percent paid circulation".'

32. By adding a new section to be numbered 102 and to read as follows:

'Section 102. Said Act is further amended by striking the last sentence of Section 22-4301 in its entirety and by substi tuting in lieu thereof the following new sentence:

"Said corporation shall file with said application a certified abstract from the minutes of the corporation, showing that the application for renewal has been autho rized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of such corporation at a meeting held for the purpose of passing upon such resolution duly certified by the president and secretary of such corpora tion." '

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JOURNAL OP THE HOUSE,

33. By adding a new section to be numbered 103 and to read as follows:

'Section 103. Said Act is further amended by striking Section 22-4306 in its entirety and by substituting in lieu thereof a new Section 22-4306 to read as follows:

"22-4306. Petition for amendment of charter; fee; abstract of corporation minutes. Surrender of powers by insurance company. Any insurance, railroad, canal, navi gation, express, or telegraph company, heretofore incor porated by the General Assembly by special Act, may amend its charter so as to acquire any or all of the cor porate powers and privileges granted to a like corporation under the Acts already or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies by the Secretary of State, by filing with the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, and date of the original Act of incorporation and all amendments thereto, that it desires an amendment to its charter by having granted to it the corporate powers and privileges granted to similar corporations by the Act, or certain specified sections of the Act, providing for the grant of corporate powers and privileges to (insert kind of company) by the Secretary of State, and paying to the Secretary of State the fee provided by law, to be covered by him into the treasury of the State, and also filing1 along with said petition a certified abstract from the min utes of the corporation, showing that the application for amendment has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of such corporation at a meeting held for the purpose of passing upon such resolution duly certified by the president and secretary of such corporation. Whenever any insurance company which, by its charter, is permitted to do other than a fire insurance business desires to abandon the same, or any part thereof, it may, upon application to the Secretary of State, relinquish and surrender any or all the powers and privileges granted to it for the conduct of such other business, provided no rights of contract be thereby
violated."'

34. By adding a new section to be numbered 104 and to read as follows:

'Section 104. This Act shall become effective April 1, 1969, or at such later date as the same shall be approved by the Governor or otherwise becomes law.'

35. By adding a new section to be numbered 105 and to read as follows:

WEDNESDAY, MARCH 26, 1969

3005

'Section 105. All laws and parts of laws in conflict with this Act are hereby repealed.'"

B. By amending the "Smalley" amendment by striking everything following the words "Senator Smalley of the 28th moves to amend House Bill 593:" and substituting in lieu thereof the following:

"1. By adding a new section to be numbered 100 and to read as follows:

'Section 100. Said Act is further amended by striking in subsection (a) of 22-802 the word "representative" and by sub stituting in lieu thereof the word "attorney".

2. By adding a new section to be numbered 101 and to read as follows:

'Section 101. Said Act is further amended by inserting in subsection (a) of Section 22-1313 after the phrase "articles of dissolution, accompanied" and before the phrase "by a notice" the phrase "by the corporation's certification that all tax returns which were due the State have been filed and".'

Mr. Harris of the 77th moved that the House agree to the Senate amend ments, as amended by the House.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Bray Brooks
Brown, B. D. Brown, C.

Buck Burruss Busbee Carnes Gates Cato Chandler Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Crowe
Dailey Daugherty

Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Ezzard Farmer Farrar Felton
Floyd, L. K. Funk

3006
Gary Gaynor Geisinger Gignilliat Graves Harrington Harris, 3. F. Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell Hutchinson Johnson Joiner Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Morris Mullinax Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Peters Peterson

Phillips, L. L. Phillips, W. R. Reaves Ross Rowland Russell Scarlett Shepherd Sherman Simmons Sims Snow Sorrells Sweat Thomason Thompson, A. W Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles Wilson Wilkerson

Those not voting were Messrs.:

Anderson Barfield Blalock Brantley, H. H. Brantley, H. L. Caldwell Clarke Cole Cooper Dean, J. C. Edwards Evans Pallin Floyd, J. H. Grahl Gunter Hadaway
Hale
Hamilton

Hargrett Harris, R. W. Harrison Holder Hood Hudson Jones, C. M. Jones, Herb Lambert Lane, W. J. Leonard Mason Matthews, D. R. McCracken Moore Murphy Nash
Nessmith
Paris

Patterson Phillips, G. S. Pickard Pinkston Poole Potts Rainey Roach Rush Salem Scarborough Shanahan Simkins Smith, J. R. Smith, V. T. Whaley Williams
Wood
Mr. Speaker

On the motion to agree, the ayes were 138, nays 0.

WEDNESDAY, MARCH 26, 1969

3007

The Senate amendments to HB 593 were agreed to, as amended by the House.

HB 453. By Mr. Ware of the 30th:
A Bill to be entitled an Act to provide for the regulation of the business of insurance premium financing; and for other purposes.

The following Senate amendments were read:

Senator Starr of the 44th moves to amend HB 453 as follows:
By striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. Effective date. This Act shall become effective on July 1, 1969."

The Senate Banking Finance Committee moves to amend House Bill No. 453 as follows:
By striking from Section 10 the figure "$6.00" and inserting in lieu thereof the figure "$7.00".
By striking from Section 11 the figure "$1.00" and inserting in lieu thereof the figure "$1.50".

Mr. Ware of the 30th moved that the House agree to the Senate amendments.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock

Bostick Bowen Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates

Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell Conner Crowe

3008
Dailey Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gaynor Gignilliat Graves Gunter Harrington Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchhinson

JOURNAL OF THE HOUSE,

Joiner Jones, C. M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Northcutt Odom

Pafford Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Phillips, W. R. Reaves Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. Toles Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilkerson

Those voting in the negative were Messrs. E. T. Davis and M. Jones,

Those not voting were Messrs.:

Anderson Barfield Bohannon Bond Brantley, H. H. Brantley, H. L. Brooks
Collins, S.
Cook
Cooper
Dorminy
Edwards

Egan Ellis Evans Floyd, J. H. Funk Gary Geisinger
Grahl
Hadaway
Hale
Hamilton
Hargrett

Harris, J. R. Harrison Hill, B. L. Johnson Jones, Herb Lane, W. J. Leonard
Levitas
Mason
Murphy
Nash
Nessmith

Nunn Paris Patterson Phillips, G. S. Pickard Pinkston Poole

WEDNESDAY, MARCH 26, 1969

3009

Potts Rainey Roach Scarborough Simmons Smith, V. T. Thompson, R.

Townsend Whaley Wilson Wood Mr. Speaker

On the motion to agree, the ayes were 138, nays 2.

The Senate amendments to HB 453 were agreed to.

HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, and others:
A Bill to be entitled an Act to amend an Act so as to provide that the employees of Chatham County shall be afforded an opportunity to elect three members to the Civil Service Board of Chatham County; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 956 as follows:
By striking the word "three" wherever it appears in the caption and in Section 1 of said bill and substituting in lieu thereof the word "two".

Mr. Battle of the 90th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 956 was agreed to.

HB 617. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Tifton; and for other purposes.

The following Senate substitute was read:

3010

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to amend an Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. Laws 1920, p. 1625), as amended, particularly by an Act approved March 1, 1939 (Ga. Laws 1939, p. 1360), and an Act approved March 17, 1958 (Ga. Laws 1958, p, 2696), to extend the corporate limits of the City of Tifton; so as to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. Laws 1920, p. 1625, as amended, par ticularly by an Act approved March 1, 1939 (Ga. Laws 1939, p. 1360), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2696), is hereby amended by adding thereto the following:

"In addition to the area now embraced within the corporate limits of the City of Tifton, the following described area and proper ty shall likewise be embraced within the corporate limits of said city, so that the corporate limits of the City of Tifton will be de fined, located, and described as follows:

BEGINNING at the northwest corner of Land Lot 215 of the 6th Land District of Tift County, Georgia, thence from such be ginning point run southward along the west land lot lines of Land Lots 215, 246 and 261 to the northeast corner of Land Lot 293, thence run westward along the north land lot line of said Land Lot 293 to the northwest corner of such land lot, thence run south along the west land lot lines of Land Lots 293, 306 and 339 to the southwest corner of Land Lot 339, thence run east along the south land lot lines of Land Lots 339, 338 and 337 to the east right of way line of Interstate Highway 75, thence run southeastward along the east right of way of Interstate Highway 75 across Land Lot 355 to the intersection of such right of way with the center of Whiddon Road, thence run east along the center of Whiddon Road to the center of U. S. Highway 41, thence run east along the center of Southwell Boulevard to its intersection with the east right of way of the Georgia, Southern and Florida Railway Company, thence run northward along such right of way line to its intersection with the east right of way line of U. S. Highway 41, thence run north eastward and thence northwestward along the east right of way line of U. S. Highway 41 to its intersection with the south land lot line of Land Lot 335, thence run east along the south land lot line of Land Lot 335 and to the south land lot line of Land Lot 334 to the southeast corner of Land Lot 334, thence run northward along the east land lot lines of Land Lots 334, 311, 288, 265, 242 and 219 to the northeast corner of Land Lot 219, thence run westward along the north land lot lines of Land Lots 219, 218, 217, 216 and 215 to the northwest corner of Land Lot 215, which is the point of be ginning, all of said land lots being in the 6th Land District of Tift
County, Georgia."

WEDNESDAY, MARCH 26, 1969

3011

Section 2. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Clerk of the City of Tifton to issue the call for an election for the purpose of submitting this Act to the voters registered to vote in elections of the City of Tifton, and to those voters who are registered to vote for members of the General Assembly and who reside in the area proposed to be annexed to the present corporate limits of the City of Tifton, for approval or rejec tion. The said Clerk shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The said Clerk shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Tifton. The ballot shall have written or printed thereon the following:

"For approval of the Act extending the corporate limits of the City of Tifton.

"Against approval of the Act extending the corporate limits of the City of Tifton."

All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of all votes cast on such question by the voters residing within the present corporate limits of the City of Tifton, and if more than one-half of all votes cast on such question by the voters residing within the territory proposed to be annexed are for approval of this Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The ex pense of such election shall be borne by the City of Tifton. It shall be the duty of the Clerk of the City of Tifton to hold and conduct such election. He shall hold the election under the same laws and rules and regulations that govern municipal elections. It shall be the duty of the said Clerk to canvass the returns and to declare and certify the result of the election. It shall be his further duty to certify the result
thereof to the Secretary of State.

Section 3. Any person who owns real property in the area pro posed to be annexed to the present corporate limits of the City of Tifton by Section 1, but does not reside in said area and is authorized to vote in elections held in Tift County for the purpose of electing members of the General Assembly, is hereby authorized to vote in the election provided for by Section 2. Any such person shall be eligible to vote by submitting proof of ownership of such property to the Clerk of the City of Tifton and registering with said Clerk within ten days of said election. Ownership of such property may be proved by a deed to such property or by a receipt showing that 1968 ad valorem taxes were paid on such property. The Clerk shall prepare a list for record, of such persons who qualify to vote with him pursuant to the provisions of this Section. For the purpose of determining the outcome of the election, votes cast by persons authorized to vote pursuant to this Section shall be counted with and the totals included with the totals of votes cast in said election by those persons residing in the area pro posed to be annexed. Under no circumstances shall this Section be

3012

JOURNAL OF THE HOUSE,

construed to allow any person to cast more than one vote in such election.

Section 4. In the event this Act is approved by the voters residing within the present corporate limits of the City of Tifton, and by the voters residing within the area proposed to be annexed to the present corporate limits of the City of Tifton, it shall become effective on the 1st day of January, 1970.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Bostick of the 63rd moved that the House agree to the Senate sub stitute.

On the motion to agree, the ayes were 103, nays 0.

The Senate substitute to HB 617 was agreed to.

HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act so as to authorize an automobile for the use of the commissioner of roads and revenues of Walker County; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers to amend HB 982, as follows:
By striking from Section 1, the following:
"Walker County is hereby authorized to provide a motor ve hicle for the use of the commissioner in the discharge of the official duties of his office, and the county is authorized to pay the ex penses of the operation of such motor vehicle. The commissioner shall continue to receive the expense allowances provided for in Section 10 of this Act.",
wherever the same shall appear, and inserting in lieu thereof, the following:
"The Commissioner is hereby authorized to purchase in 1969 an automobile from the funds of Walker County which he shall use in the discharge of the official duties of his office, and the expense of the operation of such automobile shall be paid from the funds

WEDNESDAY, MARCH 26, 1969

3013

of the county. The total purchase price of such automobile shall not exceed $2,975.00. The commissioner shall continue to receive the expense allowances provided for in Section 10 of this Act."

Mr. Snow of the 1st moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 982 was agreed to.
HB 770. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act so as to provide for an annual audit of the books and records of the City of Douglas; and for other purposes.
The following Senate amendments were read:
The Senate Committee on County and Urban Affairs moves to amend House Bill No. 770 as follows:
By adding at the end of quoted Section 13A of Section 1 a new subsection to be designated subsection (e) and to read as follows:
"(e) Any other provisions of this Section to the contrary not withstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and disbursements from $5 to $50 need not be verified and may be listed as uncertified; and all receipts and disbursements of less than $5 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification."
Senator Eldridge of the 7th moves to amend House Bill No. 770 as follows:
By striking quoted Section 13A of Section 1 in its entirety and sub stituting in lieu thereof a new Section ISA to read as follows:
"Secton 13A. It shall be the duty of the Board of Commis sioners of the City of Douglas to have conducted an annual certi fied audit of the financial affairs, books and records of the City of Douglas. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recog nized by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The person or persons making such audits shall be a member or members of,

3014

JOURNAL OF THE HOUSE,

and in good standing with, the Georgia Society of Certified Pub lic Accountants and the American Institute of Certified Public Accountants."

Mr. Jordan of the 55th moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendments to HB 770 were agreed to.

HB 771. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act so as to provide for an annual audit of books and affairs of Coffee County; and for other purposes.

The following Senate amendments were read:
The Senate Committee on County and Urban Affairs moves to amend House Bill No. 771 as follows:
By adding at the end of quoted Section 14A of Section 1 a new sub section to be designated subsection (e) and to read as follows:
"(e) Any other provisions of this Section to the contrary not withstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and disbursements from $5 to $50 need not be verified and may be listed as uncertified, and all receipts and disbursements of less than $5 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification."
Senator Eldridge of the 7th moves to amend House Bill No. 771 as follows:
By striking quoted Section 14A of Section 1 in its entirety and substituting in lieu thereof a new Section 14A to read as follows:
"Section 14A. It shall be the duty of the Board of Commis sioners of Coffee County to have conducted an annual certified audit of the financial affairs, books and records of the County of Coffee. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recog nized by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The person

WEDNESDAY, MARCH 26, 1969

3015

or persons making such audits shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Ac countants."

Mr. Jordan of the 55th moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendments to HB 771 were agreed to.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for considera tion and read the third time:

SR 101. By Senator Kidd of the 25th:
A Resolution creating the Uniform Consumer Credit Code Study Com mittee; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Uniform Consumer Credit Code Study Committee; and for other purposes.
WHEREAS, consumer credit legislation was proposed in the Senate and the House of Representatives during the 1969 Session of the General Assembly; and
WHEREAS, the proposed legislation, commonly referred to as the "Uniform Consumer Credit Code", consolidates and revises certain aspects of the law relating to consumer and other loans, consumer and other sales of goods, services and interests in land and consumer leases and also revises the laws relating to usury; and
WHEREAS, because of the extensive changes in the laws relating to consumer credit, Senate Bill No. 18 has been recommitted for further study and House Bill No. 16 has been substantially amended by substi tute.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Uniform

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JOURNAL OF THE HOUSE,

Consumer Credit Code Study Committee to be composed of six members of the Senate, to be appointed by the President of the Senate; six mem bers of the House of Representatives, to be appointed by the Speaker of the House of Representatives; eight members of the general public; one of whom shall be a representative of the Georgia Industrial Loan Association; one of whom shall be a member of the Georgia Retail Merchants Association; one of whom shall be a member of the Georgia Bankers Association; one of whom shall be a member of the Georgia Savings and Loan Association; and four persons knowledgeable in consumer affairs who are not affiliated with the consumer credit in dustry in any manner, to be appointed by the Governor. The Comp troller General, the Secretary of State, and the Superintendent of Banks shall be ex officio members of the committee. The committee shall conduct a thorough study of Senate Bill No. 18 and House Bill No. 16, the version of the Uniform Consumer Credit Code recom mended by the National Conference of Consumers on Uniform State Laws, the Federal Consumer Credit Protection Act and the laws of other states relating to consumer credit. The committee may conduct such meetings at such places and at such times as it may deem neces sary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and pur poses of this resolution. The legislative and appointed members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees. The Comptroller General, the Secretary of State, and the Superintendent of Banks shall receive actual expenses incurred in connection with their work on the com
mittee from their respective agencies. The funds necessary to carry out the provisions of this resolution should come from funds appropri
ated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly of Georgia, at which time the committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander
Atherton Ballard Barber Barfield Bell Bennett Berry Black

Blalock Bohannon
Bond Brantley, H. L. Bray Brooks, G. Brown, B. D. Buck Burruss Caldwell

Games Gates
Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell

Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. B. Gary Gaynor Gignilliat Graves Harrington Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hill, B. L.

WEDNESDAY, MARCH 26, 1969

3017

Hill, G. Horton Housley Hudson Htttchinson Jones, C. M. Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford Miller Moate Morris Mullinax Nessmith Northcutt

Odom Parker, C. A. Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pinkston Reaves Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Sims Snow Sorrells Sweat Thomason Thompson, A. W. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wilkerson

Those not voting were Messrs.:

Anderson Battle Bostick Bowen Brantley, H. H. Brown, C. Busbee Cooper Edwards Egan Ellis Funk
Geisinger
Grahl

Gunter Hadaway Hale Hamilton Hargrett Harris, R. W. Harrison Holder Hood Howell Johnson Joiner
Jones, Herb
Jordan, G.

Lambert Leonard Mason Matthews, D. R. Melton Moore Murphy Nash Nunn Pafford Paris Patterson
Peterson
Phillips, G. S.

3018
Pickard Poole Potts Rainey Roach

JOURNAL OF THE HOUSE,

Scarborough Simmons Smith, J. R. Smith, V. T. Thompson, R.

Townsend Wood Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A Bill to be entitled an Act to authorize the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf children; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield
Battle Bell Bennett
Berry Black Blalock Bond Bostick Bowden
Brantley, H. H. Bray
Brown, B. D. Brown, C. Buck Burruss

Busbee Carnes Gates Cato Chandler Cole
Collins, S. Colwell Conger
Connell Conner Cook Cooper Crowe Dailey
Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dean, N. Dent

Dickinson Dixon Douglas Egan Ezzard Fallin
Farrar Felton Floyd, L. R.
Gary Gaynor Gignilliat Graves Harrington Harris, J. F.
Harris, R. W. Hawes
Henderson Higginbotham Hill, B. L. Hill, G.

WEDNESDAY, MARCH 26, 1969

3019

Hood Horton Housley Howell Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Mauldin Maxwell McClatchey

McCracken McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Northcutt Nunn Odom Pafford Parker, C. A. Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Ross Rowland Rush Russell

Salem Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood Wilkerson

Those not voting were Messrs.:

Ballard Bohannon Brantley, H. L. Brooks Caldwell Clarke Collier Collins, M. DeLong Dodson Dorminy Edwards Ellis Evans Farmer Floyd, J. H. Funk Geisinger Grahl Gunter

Hadaway Hale Hamilton Hargrett Harris, J. R. Harrison Holder Johnson Joiner Jones, C. M. Knapp Lambert Lane, W. J. Marcus Mason Matthews, C. Matthews, D. R. Miller Moore Murphy

Nash Nessmith Paris Parker, H. W. Patterson Phillips, G. S. Pickard Pinkston Poole Roach Scarborough Scarlett Simmons Smith, J. R. Sorrells Whaley Wilson Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

3020

JOURNAL OF THE HOUSE,

SR 108. By Senators Reeder of the 55th, Trippe of the 31st, and others:
A Resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunction with Georgia Project P 010-2 (10), formerly FAP 449-C; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander
Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell

Conner Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon Dodson Douglas Egan
Ellis Ezzard Fallin Farmer Farrar Felton Gary Gaynor Geisinger Gignilliat Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Hood
Horton

Housley Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax

Nessmith Northcutt Odom Pafford Parker, C. A. Patterson Peters Phillips, L. L. Phillips, W. R. Potts Rainey Ross Rowland

WEDNESDAY, MARCH 26, 1969

3021

Rush Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Sorrells Sweat Thomason

Thompson, R, Toles Vaughn
Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilkerson

Those not voting were Messrs.:

Ballard Bowen Collier Cooper Crowe DeLong Dent Dorminy
Edwards Evans Floyd, J. H. Floyd, L. R. Funk Grahl Hadaway Hale Hamilton

Harrison Henderson Holder Joiner Knapp Lambert
Lane, W. J. Mason Matthews, D. R. McCracken McDaniell Murphy Nash Nunn Paris Parker, H. W. Peterson

Phillips, G. S. Pickard Pinkston Poole Reaves Roach Russell Scarborough Smith, J. R. Snow Thompson, A. W. Townsend Wamble Wilson Wood Mr. Speaker

On adoption of the Resolution, the ayes were 145, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

SR 102. By Senator London of the 50th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

The following Committee amendment was read and adopted:

3022

JOURNAL OF THE HOUSE,

The Committee on State Institutions and Property moves to amend Senate Resolution No. 102 as follows:

By striking from the title the words, "certain tract" and inserting in lieu thereof the words, "certain tracts".

By inserting immediately following the sentence which reads as follows: "WHEREAS, the topography of Black Rock Mountain State Park is ideally suited to the erection of such facilities.", the following sentences:

"WHEREAS, the operation of a television translator in north east Georgia will permit the residents thereof to receive national network broadcasts; and

WHEREAS, the topography of Black Mountain State Park is ideally suited to the operation of such facilities; and

WHEREAS, the General Assembly of Georgia authorized the Governor of Georgia to enter into a five-year lease with the SPARTAN RADIOCASTING COMPANY, a South Carolina cor
poration, licensee and operator of WSPA-TV, in 1964 to erect and operate a television translator on the premises in Black Rock Mountain State Park described below; and

WHEREAS, said Corporation has erected and operated the necessary facilities to enable the residents of this area to receive such broadcasts since 1964 from Black Rock Mountain State Park under the terms of a five-year lease entered into by the Governor of Georgia pursuant to said authorization by the General Assembly; and

WHEREAS, said five-year lease will expire April 30, 1969."

By adding at the end of said Resolution the following:

"BE IT FURTHER RESOLVED that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to grant a new five-year lease to become effective May 1, 1969, with the right of renewal for an additional five-year period thereafter, to SPARTAN RADIOCASTING COMPANY and its successors, as lessee, of the following described tract of land:

'To find the true point of beginning, commence at a point that is common to Land Lots 47, 48, 65 and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees, 45 minutes west to an iron pin, which point is the beginning point of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; then south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees,

WEDNESDAY, MARCH 26, 1969

3023

00 minutes east 25 feet to an iron pin and the point of be ginning.'

for and in consideration of an annual rental of $20.00 per year. The Governor is also authorized to grant an easement for the erection, and maintenance of power lines and poles from said tract to the nearest existing power outlet over any state owned property in. order that the above described tract of land may be served by proper electrical power."

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton
Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collins, S. Colwell

Conger Connell Conner Cook Cooper Crowe Dailey Daugherty
Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Egan Evans Ezzard Fallin Farmer Farrar Funk Gary Geisinger
Gignilliat Graves Gunter Hadaway Harrington Harris, J. F.

Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus

3024
Mason Mauldin McClatchey McCracken Melton Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.

JOURNAL OF THE HOUSE,

Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams
Wilson Wood

Voting in the negative was Mr. W. R. Phillips.

Those not voting were Messrs.:

Barfield Bennett Collier Collins, M. Dorminy Edwards Ellis Felton
Floyd, J. H. Floyd, L. R.
Gaynor Grahl

Hale Hamilton
Hargrett Harrison
Henderson Housley Joiner Lane, W. J. Matthews, C. Matthews, D. R. Maxwell McDaniell

Merritt
Nash Pickard Poole Rainey Reaves Roach Townsend Ware Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 160, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SB 62. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to be entitled an Act to amend the Trial Judges and Solicitors Retirement Fund Act so as to exclude certain solicitors of city courts of the State; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3025

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson
Atherton Barber Barfield Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H.
Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler
Clarke Cole
Colwell Conger
Connell Conner Cook Cooper Crowe Dailey Daugherty
Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon

Dodson Dorminy
Douglas Ellis Evans Ezzard Fallin Farmer Farrar Felton Funk Gary Geisinger Gignilliat
Graves
Gunter Hadaway
Hargrett Harrington Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Horton Housley Howell
Hudson Hutchinson
Joiner Jones, C. M.
Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles
Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas

Lewis Longino
Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Moate Morris
Mullinax
Murphy Nessmith
Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Potts Reaves
Ross Rowland
Rush Salem Scarborough Scarlett Shanahan Shepherd Simkins
Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat

3026

JOURNAL OF THE HOUSE,

Thomason Thompson, A. W. Thompson, R. Toles Townsend

Wamble Ware Westlake Whaley Wheeler, Bobby

Wheeler, J. A. Winkles Williams Wilson

Voting in the negative was Mr. Sherman.

Those not voting were Messrs.:

Alexander Ballard Bennett Brooks Collier Collins, M. Collins, S. Dean, J. E. Edwards Egan Ployd, J. H. Floyd, L. R. Gaynor Grahl Hale

Hamilton Harris, J. F. Harris, J. R. Harrison Henderson Holder Hood Johnson Jordan, G. Lambert Mason Matthhews, D. R. McDaniell Milford Miller

Moore Nash Nunn Patterson Peterson Pickard Pinkston Poole Rainey Roach Russell Vaughn Wilkerson Wood Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 90. By Senators Cox of the 21st and Walling of the 42nd:
A Bill to be entitled an Act to provide for a Georgia Scenic Rivers System; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for in clusion in the System; to prescribe the powers and duties of the State Council for the Preservation of Natural Areas in connection with such studies and acquisition of interests in land; to provide for cooperative studies with other governmental agencies; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3027

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. This Act shall be known and may be cited as the "Georgia Scenic Rivers Act of 1969".

Section 2. Unless clearly indicated otherwise by the context, the following terms shall have the meanings ascribed to them:

(a) "Scenic River" means certain rivers or sections of rivers of the State of Georgia which have valuable scenic, recreational or natural characteristics which should be preserved for the benefit and enjoyment of present and future generations.

(b) "Council" shall mean the State Council for the preservation, of Natural Areas established by an Act approved March 10, 1966 (Ga. Laws 1966, p. 330) as now or hereafter amended.

(c) "River" means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches or small lakes.

(d) "Free-flowing", as applied to any river or section of a river,, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway.

(e) "Scenic Easement" means an interest in land which limits: the use of land along the shoreline of a Scenic River for the purpose of protecting the scenic, recreational or natural characteristics of the area.

Section 3. The Georgia Scenic River System shall comprise each river or section of a river hereafter designated a Scenic River by Act of the General Assembly.

Section 4. (a) The Council shall study and from time to time recommend to the Governor and General Assembly rivers or sections of rivers to be considered for designation as Scenic Rivers. Each recom mendation shall be accompanied by a report showing the proposed area, classification, the characteristics which qualify the river or sec tion of river for designation as a Scenic River, ownership and use of land in the area, the State Agency by which the area should be admin istered, the estimated costs of acquiring fee title and scenic ease ments and of administering the area as a Scenic River. The Council may conduct such studies in cooperation with appropriate agencies of the State of Georgia and the United States, and may apply for and receive funds therefor from the Land and Water Conservation Fund and other federal sources, provided, however, such studies and/or projects must first be approved by the person or persons appointed by the Governor for liaison purposes with certain federal agencies under the terms of Public Law 90-542 (82STAT.906), approved Oc-

3028

JOURNAL OF THE HOUSE,

tober 2, 1968, said law having been designated the "Wild and Scenic Rivers Act".

(b) The Council shall proceed to make a study of each of the following rivers and make a report of its findings and recommenda tions to the Governor and the General Assembly:

(1) Suwanee River. From its source in the Okefenokee Swamp to point where it flows out of the State of Georgia.

(2) Chattooga River. The section of the river within the State of Georgia.

(c) Each Scenic River together with the land lying within its authorized boundary, as established by the General Assembly, shall be classified as one of the following:

(1) Natural River Areas. Free-flowing rivers or sections of rivers generally inaccessible except by trail, with shorelines un developed and unused.

(2) Pastoral River Areas. Free-flowing rivers or sections of rivers accessible by roads, with shorelines mostly undeveloped and unused.

(3) Recreational River Areas. Free-flowing rivers or sections of rivers accessible by roads, with limited development along the shorelines.

Section 5. After designation of any river or section of a river as a Scenic River by'the General Assembly pursuant to Section 3 hereof:

(a) No dam, reservoir or other structure impeding the natural flow of the waterway shall be constructed, operated or maintained in such river or section of river so designated as a Scenic River, unless specifically authorized by an Act of the General Assembly.

(b) The Council may acquire by purchase, gift, grant, bequest, de vise, lease or otherwise fee title or any lessor interest in the land lying within the authorized boundary of such river or section of river here after so designated as a Scenic River. The Council shall have and may exercise the power of eminent domain in accordance with the laws of the State of Georgia. Any interest in land acquired by the Council pursuant to this Section shall be transferred to such governmental agency as the General Assembly may by Act direct.

Section 6. If any part of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, Sections or portions of the Act, it being the legislative intent to enact each part and each Section hereof separately.

WEDNESDAY, MARCH 26, 1969

3029

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:
Mr. Farrar of the 70th moves to amend the Committee substitute to SB 90 by striking from sub-section B of Section 5, the following sentence: "The Council shall have and may exercise the power of eminent domain in accordance with the laws of the State of Georgia."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Bell Berry Black Bohannon Bond Bowen
Brantley, H. H. Bray
Brown, B. D. Brown, C. Buck Burruss Busbee Games Cato Clarke Cole Collier Collins, S.

Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E.
Dean, N. DeLong
Dent Dickinson Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farmer Farrar

Felton Floyd, L. R. Funk Gary Gaynor Geisinger Graves Gunter Hargrett Harrington Harris, J. F.
Harris, J. R. Harris, R. W.
Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson

3030
Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Le vitas Lewis Lowrey Marcus Matthews, C. Maxwell McClatchey Melton Merritt Miles Miller Moore

JOURNAL OF THE HOUSE,

Morris Murphy Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, W. R. Pickard Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simkins

Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those voting in the negative were Messrs.:

Blalock Dixon Joiner Keen

Knapp Lee, W. J. (Bill) Longino Mauldin

Mullinax Phillips, L. L. Potts

Those not voting were Messrs.:

Ballard Barfield Battle Bennett Bostick Brantley, H. L. Brooks Caldwell Gates Chandler Collins, M. Cooper Dodson Evans Floyd, J. H.

Gignilliat Grahl Hadaway Hale Hamilton Harrison Henderson Howell Lambert Leonard Mason Matthews, D. R. McCracken McDaniell Milford

Moate Nash Nessmith Northcutt Nunn Patterson Peterson Pinkston Poole Rainey Scarlett Townsend Vaughn Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 11.

WEDNESDAY, MARCH 26, 1969

3031

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 117. By Senator Coggin of the 35th:
A Resolution creating the Scholarship Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bo stick
Bowen Brantley, H. H.
Bray Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Cook Cooper

Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes

Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson
Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mauldin Maxwell McClatchey McDaniell

3032
Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Parker, C. A. Patterson Peters

JOURNAL OP THE HOUSE,

Phillips, L. L. Phillips, W. R. Pickard Potts Roach Ross Rowland Rush Salem Scarlett Shanahan Sherman Simkins Simmons Sims Smith, V. T. Snow

Sorrells
Sweat Thomason Thompson, A. W.
Thompson, R. Toles Townsend Ware Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Williams Winkles Wilson Wood Wilkerson

Those not voting were Messrs.:

Ballard Bond Brantley, H. L. Brooks Brown, B. D. Caldwell Collier Collins, M. DeLong Dodson Ellis Evans Farmer Grahl

Hadaway Hamilton Harrison Holder Johnson Knapp Lambert Mason Matthews, C. Matthews, D. R. McCracken Miller Nash Nunn

Parker, H. W. Peterson Phillips, G. S. Pinkston Poole Rainey Reaves Russell Scarborough Shepherd Smith, J. R. Vaughn
Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 14. By Senators Webb of the llth, Johnson of the 38th, and Searcey of the 2nd: A Bill to be entitled an Act to amend Title 46 of the Code so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; and for other purposes.
Mr. McCracken of the 36 moved that further consideration of SB 14 be postponed until second Monday in January, 1970.

WEDNESDAY, MARCH 26, 1969

3033

The motion prevailed, and further consideration of SB 14 was postponed until the second Monday in January, 1970.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SB 104. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.

Mr. Anderson of the 49th moved that the House insist on its position in substituting SB 104, and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed, and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Peterson of the 41st, Anderson of the 49th, and Brooks of the 17th.

The folowing Bill of the Senate was taken up for the purpose of consider ing the Senate's disagreeing to the House amendment thereto:

SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 56, known as the "Georgia Insurance Code:", so as to make certain changes in regards to hospital care; and for other purposes.
Mr. Dodson of the 82nd moved that the House insist on its position in amending the Bill.

The motion prevailed, and the House insisted on its position in amending SB 41.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

3034 Mr. Speaker:

JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 160. By Mr. Miller of the 83rd:
A Bill to amend an Act reenacting the Charter of the City of Macon contained in the act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.

The Senate recedes from its position in disagreeing to the House amend ment to the following Bill of the Senate, to-wit:

SB 126. By Senator Kidd of the 25th:
A Bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other purposes.

The Senate has agreed to the House substitute to the following Resolution of the Senate, to-wit:
SR 101. By Senator Kidd of the 25th: A Resolution creating the Uniform Consumer Code Study Committee: and for other purposes.
The Senate has agreed to the House amendment to the following Resolu tion to the Senate, to-wit:
SR 102. By Senator London of the 50th: A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

WEDNESDAY, MARCH 26, 1969

3035

HB 195. By Mr. Smith of the 39th:
A Bill to amend an Act so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been members of the Teachers' Retirement System, shall be eligible to reestablish membership in said retirement system; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th and Parker of the 46th: A Bill to be entitled an Act to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 194. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th:
A Resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th and others: A Bill to be entitled an Act to amend Code Title 34A, relating to

3036

JOURNAL OF THE HOUSE,

municipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; and for other purposes.

Mr. Cook of the 95th moved that the House insist on its position in dis agreeing to the Senate substitute, and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.

The motion prevailed.

The speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Cook of the 95th, Marcus of the 105th and Adams of the 100th.

The following Bill of the House was taken up for the purpose of considering" the report of the Committee of Conference thereon:

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide appropriations for the fiscal year beginning July 1, 1969; and for other purposes.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HB 77

The Conference Committee on HB No. 77 recommends that the Senate and House of Representatives both recede from their positions, and that the at tached Conference Committee Substitute be adopted.

Respectfully submitted,

FOR THE SENATE:
Frank E. Coggin Senator, 35th District
A. W. Holloway Senator, 12th District
Lamar R. Plunkett Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
George D. Busbee Representative, 61st District
James H. Floyd Representative, 7th District
Thomas B. Murphy Representative, 19th District

WEDNESDAY, MARCH 26, 1969

3037

CONFERENCE COMMITTEE SUBSTITUTE TO HB 77

A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, coun ties, municipalities, political subdivisions, and for all other govern mental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970 and ending June 30, 1971, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1969.

PART I
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For Compensation, expenses, mileage, allowances, air travel expense, and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commis sioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General Assemby; for election blanks and any other election expense, including publishing constitu tional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of .Legislative Counsel as authorized by law.

3038

JOURNAL OF THE HOUSE,

1969-70 ................................_--.,,---$ 4,825,000.00 1970-71 ._------_--------------$ 4,825,000.00

Changed objects:

Personal Services ----_----------$ 2,740,000.00 Operating Expenses __.__._,,____--____$ 1,985,000.00 Capital Outlay __,,.....___...__,,.._..,,_.$ 100,000.00

Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the ex penditure of funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the expendi ture of funds appropriated to the legisative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the legis lative branch of government with a view towards de termining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Audits, Department of.

Operations

1969-70 1970-71

750,000.00 750,000.00

Changed objects:

Personal Services .._ Operating Expenses

691,100.00 83,900,00

PART II

JUDICIAL BRANCH

Section 3. Supreme Court. For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on ap-

WEDNESDAY, MARCH 26, 1969

3039

peal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

1969-70 1970-71

550,441.00 550,441.00

Changed object:

Personal Services ---------_-.-..._..$ 531,811.00

Section 4. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and re tirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.

1969-70 .... 1970-71 _...

662,800.00 662,800.00

Changed object:

Personal Services

-$ 620,800.00

Section 5. Superior Courts.

A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Judge Emeritus position established during the fiscal year.

1969-70 1970-71

1,756,967.00 1,756,967.00

Changed object:

Personal Services ,,-_-.-.__-__.___....$ 1,690,667.00 Provided, further, that the listed appropriation shall be increased by the amount of $25,000.00 per annum for each Judgeship created by law during the 1969 session of the General Assembly.

B. For payment of salaries, contingent expense al lowances, and other expenses as may be authorized by

3040

JOURNAL OF THE HOUSE,

law for the District Attorneys and District Attorneys Emeritus. Provided, however, that the listed appropria tions shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.

1969-70 _--__,--_-----__-.....---$ 975,100.00 1970-71 _.._._._---_--__--.-._._..___---..$ 975,100.00

Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

1969-70 --..-_.---.,,.------___-___.....,,-$ 1970-71 ----------..-,,-----..-----_---$

35,000.00 35,000.00

PART III EXECUTIVE BRANCH GENERAL GOVERNMENT

Section 7. Commission on Aging.

1969-70 -_---____.__-_____________-$ 1970-71 -_--._-___._.._.________._._,__$

Changed objects:

Personal Services ____._..__-$ Operating Expenses __.__-___.$

70,353.00 16,362.00

Section 8. Art Commission, Georgia.

1969-70 -_--..____.__-____________-$ 1970-71 .._____.__..__._.___......._______-$

Changed objects:

Personal Services ..__._.____$ Operating Expenses _______-?

32,460.00 24,600.00

57,655.00 57,655.00
57,060.00 57,060.00

Section 9. Banking, Department of.
1969-70 -...-,,-__..__.__..---________-$ 572,054.00 1970-71 _---______-_________-__-$ 572,054.00

WEDNESDAY, MARCH 26, 1969

3041

changed object:

Personal Services _.._.___----__..$ 452,054.00

Section 10. Capital Square Improvement Committee.

A. Operating Costs.

1969-70 __._._....__....._...._..__----___-__-$ 150,000.00 1970-71 --__..-_...-..-.......--.-__--______.._$ 150,000.00

B. Capital Outlay--Authority Lease Rentals, Annual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.

1969-70 _._____.-_______,,________--__-_..___-__-$ 3,112,752.87 1970-71 __.__._____--_____-_.-__.........$ 3,112,752.87

Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act.

1969-70 _..........^.....^...-... ........................ ^ 1,526,450.00 1970-71 ...^.......................................________$ 1,526,450.00

Changed objects:

Personal Services ._-_-,,.___._._.-__$ 1,143,810.00 Operating Expenses --......--.----.....$ 382,640.00

Section 12. Coordinator of Highway Safety.

1969-70 ....... ....^.....^.....^.......................__,,__$ 112,010.00 1970-71 ----------.--------.----..----.-$ 112,010.00

Changed objects:
Personal Services ,,._.___...__...$ Operating Expenses ________.$

136,119.00 87,900.00

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organiza tions and the cost of operating the Civil Defense Di vision, and the Office of Emergency Planning.

3042

JOURNAL OP THE HOUSE,

1969-70 ____________,,______._________-______.-_____________.__$ 1,070,393.00 1970-71 ________________._______-___.._._.___$ 1,070,393.00

Changed object: Personal Services _....

_$ 778,193.00

Section 14. Executive Department.

A. For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and com munication expenses at the Mansion; and for the con tingent expenses of the Department, such as rewards, dues to the Governors' Conferences, the Southern Inter state Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special com mittee expenses.
1969-70 -,,-_-----------.$
1970-71 --_---_-----_--_-----$

593,165.00 593,165.00

Changed object: Personal Services -.-_-_.______.____.__._.? 393,165.00

B. For the Governor's Mansion allowance.
1969-70 _,,___________________________.__-__-_,,-__-__-____$ 1970-71 ________________________________________-__,,__$

25,000.00 25,000.00

Section 15. Budget Bureau.
1969-70 ______________________________________..--__$ 302,575.00 1970-71 ____________________--__._.-_______-___$ 302,575.00

Changed object: Personal Services _.___________.$ 256,075.00

Section 16. Planning and Programming Bureau, (a) General operating costs.
1969-70 ______.___.__________._.._________$ 1970-71 ___-__-____-___-______._-___$

520,421.00 520,421.00

WEDNESDAY, MARCH 26, 1969

3043

Changed objects:

Personal Services ____.________._$ 689,156.00 Operating Expenses ________--____$ 214,712.00

Provided, however, that from the funds appropriated above, the Bureau shall provide sums sufficient to imple ment the Omnibus Crime and Safe Streets Act, as set forth in the budget document.

(b) Grants to Area Planning and Development Commissions.
1969-70 _,,___.__________________________________$ 823,200.00 1970-71 ___.____.__..___________.___..__________-_-__..___$ 823,200.00

Section 17. Georgia Historical Commission.
1969-70 _-____._._.____________________________..__.__-__$ 1970-71 ____._______-____________-___________,,._.______$

416,400.00 366,400.00

Changed objects:
Personal Services _________________$ Capital Outlay 1969-70 ___,,_____$ Capital Outlay 1970-71 __._______$

265,000.00 50,000.00 --0--

Section 18. Industry and Trade, Department of.

A. General Operating Costs.
1969-70 __________..,,__________________________$ 2,591,014.00 1970-71 ..__________._.______.__,,________._______.$ 2,591,014.00

Changed objects:
Personal Services _._____._._.__$ Operating Expenses ._________._$ Capital Outlay ,,___________.___$ Advertising _________-_____.__$

908,500.00 782,514.00
--0-- 900,000.00

B. Capital Outlay--Metropolitan Atlanta Rapid Tran sit--To be expended under contract with the Metropolitan Atlanta Rapid Transit Authority.

3044

JOURNAL OF THE HOUSE,

1969-70 _.________________----.--._____________.__________....__$ 1970-71 _.._.._________________.._.___...._$

45,700.00 45,700.00

C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.

1969-70 ..... 1970-71 .....

2,000,000.00 2,000,000.00

Section 19. Labor, Department of.

A. For the cost of operating the Commissioner's Office and Factory Inspection Division.

1969-70 ......___._____.....____...--__.____..................? 326,200.00 1970-71 ......._.........__.................................._--...-.$ 326,200.00

Changed objects:

Personal Services __.______________________$ 265,800.00 Operating Expenses --_.___-_$ 60,400.00

B. For that part of cost of operations of Employment Security Agency as authorized by Act approved March 8, 1945.

1969-70 _____._____.____________-._--_.________.____._._.__.$ 1970-71 -------------------$

85,000.00 85,000.00

Changed objects:

Personal Services .-...........,,._--_...$ 9,229,050.00 Operating Expenses ...._.._.-_--.....$ 1,672,750.00

Section 20. Law, Department of. For the cost of op erating the Department of Law, provided that the com pensation of all Assistant Attorneys General, Deputy As sistant Attorneys General, all law clerks, stenographic
help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is autho rized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reimburse ment to the Department of Law by the State Highway De partment for expenses incurred for legal services by any

WEDNESDAY, MARCH 26, 1969

304&

Assistant Attorneys General or Deputy Assistant Attor neys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive De partment for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant At torneys General authorized to be appointed by the Gov ernor.

1969-70 _.._......._,,._._____._____.__.-..__--,-$ 888,000.00 1970-71 ---______---.-......_.----__.,,----_....-$ 888,000.00

Changed object: Personal Services -_-...._.___.__.-...__.$

736,000.00

Section 21. Library, State.
1969-70 ._______..__.._..___________--___-~~____.$ 1970-71 -----..-.-,,_____._,,__...._.,,_._._.__,,.$

122,200.00 122,200.00

Changed objects: Personal Services -_-___.._.__..$

90,200.00

Section 22. Literature Commission, State.
1969-70 -.-.----,,_---,,..,,,,-.___...____._,,-..$ 1970-71 __..-..-...--..-__._.._................. ...^

20,000.00 20,000.00

Changed objects: Personal Services _._,,..__...._._$

10,464.00

Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1969-70 .-.---___..............._-.----.----.----$ 1970-71 _---.-.....____---._...______--......___..__.-____.....,.$

127,330.00 127,330.00

Changed objects:
Personal Services --.__..--.._....$ Operating Expenses ..._..__........$

95,730.00 31,600.00

3046

JOURNAL OF THE HOUSE,

Section 24. Public Safety, Department of.

1969-70 __......_...._..__._.._.__.-_.._.._..-.........__$ 13,291,700.00 1970-71 -----___-_-_---_____--__._.-__._$ 13,250,700.00

Changed objects:

Personal Services --_.__--________.$ 9,724,700.00

Operating Expenses .,,..-.._...-_._-._._$ 3,726,000.00

Capital Outlay 1969-70 ......_.,,,,._.$ 41,000.00

Capital Outlay 1970-71 _..__.._..._$

-0-

Provided, that from the above amount, $41,000.00 from Capital Outlay in 1969-70 shall be used as additional funds for construction of State Patrol Barracks in Ste phens County.

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).

Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.

1969-70 __-........____.--.__--.--._.-----_...,-_--.._......$ 688,131.00 1970-71 __.-......,,..__....,,.._._,,........._...._.....___.....__._........_.._.$ 688,131.00

Changed objects:
Personal Services -_..---........_.__.__$ Operating Expenses ,,_....-...__.._.....$

594,158.00 93,973.00

Section 26. Purchases, Supervisor of.
1969-70 ,,..,,.....,,_,,_....._._......____..._.,,.........._..........._.____$ 467,653.00 1970-71 ------,,-----$ 467,653.00

Changed objects:
Personal Services .,,_._.-....._.___-..._...$ Operating Expenses -._._.______,,_.__-_.$

390,853.00 76,800.00

WEDNESDAY, MARCH 26, 1969

304T

Section 27. Recreation Commission.

1969-70 ........ ..^....___......__...._____._..._$ 103,123.0a 1970-71 ............_...._..........__.___-..____.________.______.$ 103,123.00

Changed objects:

Personal Services __.____________._._._..._._$ 67,145.00

Section 28. Revenue, Department of.

A. For cost of operating the Department of Revenue.

1969-70 ____________________.................... J$ 13,366,400.00 1970-71 __.._....__________________.__.._.___.______$ 13,366,400.00

Changed objects: Personal Services ___________________._._$ 9,800,500.00

B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies.
1969-70 ..........................__.______...___..__$
1970-71 ..._.____...._.........._....................... .^

30,000.00 30,000.00

C. Loans to counties.--Tax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and 1970-71 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $400,000.00 in each fiscal year. Such amount shall be avail able for further tax evaluation loans to counties.

Section 29. Science and Technology Commission.
1969-70 ______________________________ J 1970-71 _--,,_____._..._..__.__ .3

96,350.00 96,350.00

Changed objects: Personal Services _______................__.$

72,550.00

Section 30. Secretary of State.

3048

JOURNAL OF THE HOUSE,

A. Archives and Records. For the cost of operations of archives and history, microfilming and housing rec ords, and the State Museum, including lease rental pay ments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per an num.

1969-70 ___._,,.__.-..-....___._...,,,,...__._._...._...__.,,$ 1,448,900.00 1970-71 -.._...._..._.____.._..._................._.._..._..._..$ 1,448,900.00

Changed objects: Personal Services _.___.._.._...__$ 508,900.00

B. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries and for insurance on public property not otherwise provided for.
1969-70 ._._..__._...__._,.._._._..___...____-__$
1970-71 _.._._.._...__..._......__._......_.._...__...__$

461,049.00 461,049.00

Changed object: Personal Services _............_._..._.$

320,049.00

C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office,
1969-70 _______.---_..-__._..--__..-.._._--_-$ 1970-71 ._......._.___...___..._......._...,,...._...._._..$

851,921.00 851,921.00

Changed objects: Personal Services __.___......._.$

545,121.00

D. Examining Boards.
1969-70 _.._.._..__...._..__....-_..--..-._..._.._..._...$ 884,800.00 1970-71 ~_-_.__..__-.____-_____._~-$ 884,800.00

Changed object: Personal Services _._....__._._._$ 504,800.00

WEDNESDAY, MARCH 26, 1969

3049

E. Executive Center. For operation of Executive Center.

1969-70 -__.__.__._.....__._____...___.___.$ 1970-71 __._.____._.______.___..._.__$

69,300.00 69,300.00

Changed object: Personal Services __-____.._$

31,800.00

F. Special Repairs, Capitol Building and Legislative Chambers, Rooms, Offices and Facilities.
1969-70 ___.._...__..__._________._._._$ 1970-71 _______....____.__.___.__._._$

50,000.00 50,000.00

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Com mission.
1969-70 ___.___.____.__.__..__..__.____$
1970-71 -_________.________..._.._.__$

50,000.00 50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1969-70 _________._______.__.____$ 156,500.00 1970-71 ___._-__..__.__._.._____-___.$ 156,500.00

Section 33. Veterans Service.

A. For the cost of operating the Department of Veterans Service.
1969-70 _____._______________.._._._._$ 1,172,053.00 1970-71 ____....__...._._________...._.._..$ 1,172,053.00

Changed objects: Personal Services ___--

..$ 1,075,653.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.

1969-70 ___1970-71 ___..

.._$ 1,088,314.00 __$ 1,088,314.00

3050

JOURNAL OF THE HOUSE,

Changed objects:

Personal Services _.._.._..._.__$
Payments to Medical College of Georgia ___________.$

54,614.00 582,540.00

C. For the cost of pensions to Confederate Widows.

1969-70 __..__._.___--__--____---__________..._.$ 1970-71 ._____,,_,,______________________.___$

55,570.00 55,570.00

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.

1969-70 ____________._______-_----_--________--__-$ 707,345.00 1970-71 ._..__..._____,,__.._..__.,,_______._______.________-_____$ 707,345.00

Changed object: Personal Services ____________.___.$ 626,845.00
AGRICULTURE AND CONSERVATION
Section 35. Agriculture, Department of.
A. For the operation of all activities of the Depart ment including the operating of Farmer's Markets.
1969-70 _______________________________________$ 7,553,575.00 1970-71 ______.________-_-__-_________________$ 7,485,075.00

Changed objects:

Personal Services ___________._______.______,,$ 5,302,733.00

Operating Expenses ___________.__$ 2,951,866.00

Capital Outlay 1969-70 ___.________$ 68,500.00

Capital Outlay 1970-71 _____._____$

-0-

Provided, that the amount of $33,500.00 in 1969-70 from Capital Outlay shall be used for the construction of a peanut seed processing plant.

B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Markets).

WEDNESDAY, MARCH 26, 1969

3051

1969-70 ___..--_.._..____.___.____-.--.--.-....-_..._..-$ 1970-71 ___-..___,,...____.___________-----__---$

750,000.00 750,000.00

Changed object: Authority Lease Rentals ._....__._.$ 750,000.00

C. Fire Ant Eradication.
1969-70 ..-------..--_----. -----.-_._______----------_----____$ 1,500,000.00 1970-71 -----------__..........................^ 1,500,000.00

New Object Class: Fire Ant Eradication .._.._.._.._,,$ 1,500,000.00

Section 36. Conservation.

A. Forestry Commission.
1969-70 -----______________________________________.-$ 5,806,633.00 1970-71 -------_------------------.$ 5,806,633.00

Changed objects:

Personal Services --..._----______..$ 6,240,387.00

Capital Outlay __..__._._..___.$

-0-

B. Forest Research Council.

1969-70 ...._-----------------------------------.$ 1970-71 ,,___..............._...._._.._._._...__.........___,,.$

401,834.00 401,834.00

Changed objects:

Personal Services ..._...___...__$ Operating Expenses __..__.._.._._...$ Capital Outlay _.__.._._.__..__..,,$

66,544.00 351,885.00
-0-

C. Game and Fish Commission.
1969-70 __...___................._____.....................$ 3,474,013.00 1970-71 ..._-......_.....................____:__........_..__.._.$ 3,474,013.00

3052

JOURNAL OF THE HOUSE,

Changed objects:

Personal Services _.__._____.$ 2,664,329.00

Operating Expenses __--..._._....$ 1,604,634.00

Capital Outlay 1969-70 __________$ 153,328.00

Capital Outlay 1970-71 __..__-$

-0-

D. Georgia Commission for the Development of Chattahoochee River Basin.
1969-70 ______________._.__.___.___._$ 1970-71 --__.__.__.__-~--_-__--__--_$

6,710.00 6,710.00

Changed object: Operating Expenses ____-___.__$

3,110.00

E. Jekyll Island Committee.
1969-70 _______.__.___.____._.___-_.$ 400,000.00 1970-71 _.._.._________-.--__----------$ 400,000.00

Changed objects: Operating Expense __._________$400,000.00

F. Mineral Leasing Commission.
1969-70 ___..._..._-___.___-__.__-__$ 1970-71 __.____..._...___-_____-_-.._$

5,000.00 5,000.00

G. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.

(a) Regular Operation.
1969-70 _..._.______..__..__..__.____-...._...$ 1970-71 -___.._-___.__...----____--..._.__$

386,403.00 386,403.00

Changed objects:
Personal Services ___._.._.__..--$ 170,468.00 Operating Expenses _.______~$ 263,010.00

WEDNESDAY, MARCH 26, 1969

3053

(b) South Georgia Minerals Exploration and Re search.

1969-70 ____________-_____________$ 228,500.00 1970-71 _.__.__________________.._.$ 228,500.00

Changed object:

Operating Expenses _.______$ 228,500.00

(c) Surface Mined Land Use Board.

1969-70 _..__._._____-_____________..$ 119,000.00 1970-71 _.__.__.._____...________.__.._-$ 119,000.00

Changed objects:

Personal Services .._____..__..$ Operating Expenses ____....__$

73,000.00 46,000.00

H. North Georgia Mountains Commission.

1969-70 .___.__....____.__._____._._.___.$ 300,000.00 1970-71 ____._.___._._._._______..___..$ 300,000.00

Changed object:

Operating Expenses ._..._._.--..._..$ 300,000.00

Provided that the total State salary of the Director shall not exceed $24,000.00 per annum.

I. Ocean Science Center of the Atlantic.

1969-70 _.._.._._......._._._...__._......._..._.._._._$ 909,508.00 1970-71 ____________.__..__._.._._.._..__$ 459,508.00

Changed objects:

Personal Services __..__......_.._.$ Operating Expenses _...__.__._._$ Capital Outlay 1969-70 __._..___$ Capital Outlay 1970-71 .____.._$

103,977.00 355,531.00 450,000.00
-0-

Provided, no capital outlay funds shall be expended to purchase additional land.

3054

JOURNAL OP THE HOUSE,

J. Department of Parks.

(a) For general operation and development of State Parks.

1969-70 ________________________________$ 1,766,584.00 1970-71 __......___-_____.._______----__.-_$ 1,560,364.00

Changed objects:

Personal Services ____________.$ 1,484,752.00

Operating Expenses .._............_..$ 750,612.00

Capital Outlay 1969-70 ________$ 206,220.00

Capital Outlay 1970-71 __.________$

-0-

Provided, however, that of the above amounts, there shall be allocated for expenses of the State Council for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 1970-71.

Provided that no land shall be purchased for State park purposes without the approval of the State Proper ties Acquisition Commission.

(b) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Jekyll Island-State Parks Au thority.

1969-70 ______________...___________________._$ 1,146,000.00 1970-71 ______________.____________________$ 1,146,000.00

Changed object:

Authority Lease Rentals ____.___$ 1,146,000.00

(c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial Asso ciation.

1969-70 ._.._.__________._____..________._$ 1,000,000.00 1970-71 ________________________--_______$ 1,000,000.00

(d) For Contract with Lake Lanier Island Develop ment Authority.

1969-70 ___._______________________.__$ 208,194.00 1970-71 ______.__.______._._________.$ 208,194.00

WEDNESDAY, MARCH 26, 1969

3055

Changed object:

Operating Expenses __..___._._.$ 208,194.00

K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee.

1969-70 _.____.._...._._.______...._._.........._$ 409,548.00 1970-71 _._..__..__._.__._.__._._.____________$ 409,548.00

Changed objects:

Personal Services _.--_.._...._.__.$ 22,988.00 Operating Expenses ._..__.___._$ 386,560.00

L. Stone Mountain Memorial Committee. For operat ing costs including costs of improvements by convict labor.

1969-70 __....._..__.__._........_._...._._...__......_._.....$ 175,000.00 1970-71 __________.___......__._.._._..__.$ 150,000.00

CORRECTIONS

Section 37. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.

1969-70 __..-....-......._.-.-......_._._...__..__._.......$ 12,206,583.00 1970-71 ----..-..-..-.--...--......-.-.-..-..-.--.-......-.........I 11,606,583.00

Changed objects:

Personal Services _.___._.._..__.$ 7,448,600.00

Operating Expenses --__._.-_-$ 5,539,983.00

Capital Outlay 1969-70 _.._....__$ 600,000.00

Capital Outlay 1970-71 ______._$

-0-

Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for phy sicians.

B. Capital Outlay--Authority Lease Rentals--An-

3056

JOURNAL OP THE HOUSE,

nual Lease payments to Georgia Building Authority (Penal).

1969-70 _____.__.__---___---_------$ 790,000.00 1970-71 ----__--___.............^..........................^ 790,000.00

Changed object:

Authority Lease Rentals --___.$ 790,000.00

Section 38. Pardons and Paroles, State Board of.

1969-70 _------------_,,-------- __------$ 1,025,500.00 1970-71 ..__-,,--. -_.........--- _............----$ 1,025,500.00

Changed objects:

Personal Services --__,,.___----$ 834,100.00 Operating Expenses -_._._._....__....$ 191,400.00

Section 39. Probation, State Board of. For the cost of operating the statewide probation system, administered by the State Board of Probation.

1969-70 --____----.--------.___---------- $ 1,594,289.69 1970-71 ._-----__-_------.----------------$ 1,594,289.69

Changed objects:

Personal Services ..._..._,,_.._.._..$ 1,330,333.00 Operating Expenses _._,,-_._.__._..$ 263,956.69

EDUCATION

Section 40. State Board of Education--Department of Education.

A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for excep tional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law;

WEDNESDAY, MARCH 26, 1969

3057

and for any other expense authorized by law, payable from the common school funds, including the cost of Teachers' Retirement Employer contribution.

Provided that where teaching personnel are paid in whole or in part from funds other than State local funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contribu tions to the Teachers' Retirement System applicable to such salary.

1969-70 ____--......__._______-___-_.__.__.___-..^358,813,335.00' 1970-71 .__._.._.__.__.__----__......__.-----$358,247,035.00

Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.

Provided, however, that in those new program areas where Federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriations for any item or part thereof which can be financed with Federal funds in lieu of State funds under the terms of the Federal Act, except for funds necessary to match such Federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for Federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.

Changed objects:

Personal Services _._._____..--__.$ 22,176,273.00 Operating Expenses --._.--..----.$ 22,453,538.00 Teachers Salaries .------...----__.$210,144,694.00
Other Certificated Professional Personnel Salaries .----_......_--...$ 36,166,600.00
Maintenance, Operation and Sick Leave --.__._____.__$ 34,124,741.00
Isolated Schools .___.__.--._$ 42,047.00

3058

JOURNAL OF THE HOUSE,

Mid Term Adjustment .._.____$ 970,936.00

Salaries and Travel of Public Librarians .___..__._______.$ 1,626,055.00

Total Vocational Education Grants ......__...___.._.__._...$ 16,896,855.00

Alto Teachers Salaries ._______$ 176,772.00

Superintendents Salaries .___.._$ 2,245,704.00

Teachers' Retirement Employer Contribution ...__.._.........._..__$ 18,048,752.00

Fellowships for Teachers of

Emotionally Disturbed Children_

-0-

Extended School Program ____

-0-

Capital Outlay 1969-70 ..__...__$ 814,513.00

Capital Outlay 1970-71 ...._.._..._..

-0-

Provided that a new object class shall be added to the Budget Report to read as follows:

Grants for operation of vocational rehabilitation workshops--development of Nephrology Centers ______.$ 150,000.00

Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have renal diseases.

B. Capital Outlay--Authority Lease Rentals.
1969-70 ____________________________$ 26,301,000.00 1970-71 ________________________________...._._____$ 26,301,000.00

Changed object: Capital Outlay Grants ,,__________$ 24,722,992.00

For Capital Outlay purposes, including Lease Rent als obligations of the State Board of Education, Depart ment of Education to Georgia Education Authority (Schools) in accordance with Lease Rental Contracts.

Section 41. Educational Improvement Council.
1969-70 __--_.____--____.________-__$ 1970-71 -________________________________.__$

110,655.00 110,655.00

WEDNESDAY, MARCH 26, 1969

3059-

Changed object:

Personal Services __..__..._.$ 71,455.00

Section 42. Higher Education Assistance Committee.

1969-70 _______________....__....__......_,,._.___......? 1970-71 _____-____,,._._-_...______.---__---__._-$

294,888.0a 294,888.00

Changed objects:

Personal Services ..____....___.$ Operating Expenses _____..._._.$

93,400.00 45,588.00

Section 43. Medical Education Board. For cost of op eration of the State Medical Education Board, including the payment of medical scholarships as authorized by pro vision of the Georgia State Constitution.

1969-70 _____..____---_-------$ 1970-71 ,,__.,,,,..____-______.-,,__-.__,,-,,..-_._..$

201,726.00 201,726.00

Changed object:

Personal Services __._---._---__.$ 12,076.00
Section 44. State Board of Regents.
A. The general cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law, $200,000.00; for the support of research and the cost of use and/or acquir ing additions to the plant and equipment for the Univer sity System; for the cost of Teachers' Retirement em ployer contributions. Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any em ployer contribution to the Teachers' Retirement System applicable to such salary.
1969-70 _......._._..._..._.__........_..._._.._...._..._...$132,773,926.0a
1970-71 _______.,,__________.__________.___._.$132,023,926.00

Changed objects: Personal Services _.______--....$133,234,363.00 Operating Expenses ...____.__$ 35,321,000.00

5060

JOURNAL OF THE HOUSE,

Teachers Retirement Employer Contributions ...____$ 8,630,661.00

Capital Outlay 1969-70 ___._..$ 11,400,000.00

Capital Outlay 1970-71 _____.$

-0-

Authority Lease Rentals ._____$ 15,863,500.00

Provided that the above appropriations shall be in ad dition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriation, the amounts of $15,863,500.00 in 1969-70 and $15,863,500.00 in 1970-71 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportion ment of funds to the various units of the University Sys tem from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract com mitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The Board of Regents shall immediately report the same to the State
Budget Authorities for approval, whose approval shall be evidenced in writing.

No part of this appropriation, nor any funds realized by the State Board of Regents of the University System or any school or college, from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or ex penditure for educational and general or plant purposes until made available by a written order of the Budget Bu reau. Provided that funds from donations, gifts, earnings, fees, and from any other source of income shall be avail able to support further lease rental agreements for dormi
tories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum.

Provided, however, in the event the Board of Regents should increase the rates of student fees above the rates projected in the Budget, the Board of Regents may use the funds thus provided to make essential in-grade ad justments comparable to merit adjustments upon approval by the Budget Bureau. Where a transfer may be required between Regents appropriation and Talmadge Memorial Hospital appropriation, to accomplish the above, such

WEDNESDAY, MARCH 26, 1969

306i

transfer may be made upon approval by the Budget Bureau.

B. Eugene Talmadge Memorial Hospital -- State Board of Regents.

1969-70 ...__........._...___..__-.___.___._____.____$ 5,882,800.00 1970-71 .__.-.--__-...--_______..,,..__-_$ 5,882,800.00

Changed object:

Personal Services _____._._.$ 8,076,000.00

Section 45. State Scholarship Commission.

1969-70 ___-,,.-____-____---_-____.$ 844,706.00 1970-71 __._________._______......___$ 844,706.00

Changed object: Personal Services __.____--?

58,366.00

Section 46. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1969-70 __.............._._____.__.._._....__......___$
1970-71 __..._...__.._...____.._........................__$

347,000.00 347,000.00

HEALTH AND WELFARE
Section 47. Public Welfare, Department of Family and Children Services.
A. For the cost of operations of the State Welfare Programs.
1969-70 .....__._...._........._.__-_______...________.___.$ 3,335,050.00 1970-71 --__-___.__-----._________.....-.....-$ 3,335,050.00
B. Benefits--Adult Programs for matching Federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1969-70 __..__..._...__.__.__......_.............-.......$ 15,511,836.00 1970-71 ...__--___-__----___...._..___.$ 15,511,836.00

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JOURNAL OF THE HOUSE,

C. Benefits--AFDC Program. For matching Federal funds to provide benefits to families with dependent children.

1969-70 _...__.__ ....................__..____._____________..$ 11,716,743.00 1970-71 --------__----------------___......_..........-$ 11,716,743.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.

1969-70 ......._------------------------------_..._..$ 1,389,021.00 1970-71 _..._____...._.._.__.__......_..._......,,_$ 1,389,021.00

Provided, however, that in the event a surplus is an ticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit ap propriations, the State Budget Bureau shall have author ity to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Senate.

E. Grants to Counties for administration and ser vices. For the cost of participating with the Federal gov ernment and counties in the administration of local wel fare programs.

1969-70 __________._.______........__..._--______________._-__$ 9,390,900.00

1970-71 ____________.................

....^.. ......$ 9,390,900.00

Changed objects:
Personal Services ,,_-_____.___________$ 4,515,700.00 Operating Expenses _._...._.._.......$ 1,203,000.00 Benefits __.._.._.._.__.._......----._$14B,142,500.00 Grants to Counties -...__.__..-...._..-$ 26,244,000.00

F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned detention centers.
1969-70 ...--------------------_________________________._____$ 6,101,400.00
1970-71 ._...._..____.__._______------------_,,-,,___$ 5,736,400.00

Changed objects: Personal Services ._.--._....._._.... $ 3,698,800.00

WEDNESDAY, MARCH 26, 1969

3063

Capital Outlay 1969-70 ___-_._.$ 365,000.00

Capital Outlay 1970-71 ..__.__.._$

-0

Provided, however, the $540,000.00 allotted under this Section for grants to county-owned detention centers shall be distributed to the several counties for operating ex penses of the said centers without restriction.

G. Other Institutions, For the cost of operation of the Confederate Soliders' Home and the Georgia Factory for the Blind.

1969-70 __,,___---_________.._-__-----_...__..._.._._$ 1970-71 ._.....____,,_._....._..__-__-_,,_________.__.._$

95,000.00 45,000.00

Changed objects:

Personal Services .__....._.._..__$ Capital Outlay 1969-70 ....__._.$ Capital Outlay 1970-71 ___________.__$

791,200.00 50,000.00
-0-

Section 48. Department of Public Health.

A Capital Outlay--Authority Lease Rentals--Annual Lease payments to Georgia Building Authority (Hospi tals).

1969-70 _____________._____________________--__-____$ 4,110,000.00 1970-71 _...-___...._.._.----_--_-_-_-------$ 4,110,000.00

Changed objects:

Authority Lease Rentals ._.__.-__$ 4,110,000.00

B. Battey State Hospital. For the cost of operation.

1969-70 _______________________________________._.__.___.___________$ 3,608,400.00 1970-71 ____,,_---____-_______-..___-.-.-----.-..__$ 3,608,400.00

Changed object:

Personal Services __-.___--.__--._,,____$ 4,016,400.00

C. Central State Hospital. For the cost of operation.

1969-70 .._....-._..._...._._-.........._.._-_...._-___...__-_-..._$ 29,779,399.00 1970-71 ___--_...___._.__----------___$ 29,479,399.00

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JOURNAL OF THE HOUSE,

Changed objects:

Personal Services ___._____$ 24,502,399.00

Capital Outlay 1969-70 --_.__...$ 300,000.00

Capital Outlay 1970-71 _.._...._.-..$

-0-

Provided that the amount of $300,000 capital outlay shall be used only for renovations to buildings housing patients.

D. Georgia Mental Health Institute. For the cost of operation.

1969-70 .____--_....______.__...____.__$ 4,762,364.00 1970-71 .__._..._..__.___....._...___..__.___$ 4,762,364.00

Changed objects:

Personal Services ___.___..._..$ 3,821,100.00 Operating Expenses ___..__._.$ 1,275,000.00

E. Georgia Regional Hospital in Atlanta. For the cost of operation.

1969-70 -__...__......._._..__.__.................._..$ 3,772,160.00 1970-71 ._._..__.....__--__..---__._......_.$ 3,772,160.00

Changed object:

Personal Services _.........__._.$ 2,820,000.00

F. Georgia Regional Hospital in Augusta. For the cost of operation.

1969-70 ...._______.._._.__..___..._.._...._._.___$ 2,706,000.00 1970-71 .__---.____--..__...........__....___._$ 2,706,000.00

Changed object: Personal Services _...__._._.__$ 2,015,000.00

G. Georgia Regional Hospitals at Columbus, Rome and Savannah. For the cost of development and operation.
1969-70 ..____..______............____._._._$ 500,000.00 1970-71 ............_______.......____...___..._.$ 500,000.00

WEDNESDAY, MARCH 26, 1969

3065

Changed objects:

Personal Services ._.__.__.___.$ 300,000.00 Operating Expenses __-_...._-$ 200,000.00

Provided, that $100,000.00 of the above amount shall be allocated to complete the planning for the beginning of construction of the Columbus and Rome Medical Fa cilities.

H. Georgia Retardation Center. For the cost of operation.

1969-70 __.._._._.._..__.________:_____._.$ 3,818,405.00 1970-71 --__-__.._._...._-_._._,,.--_.._._...--_$ 3,818,405.00

Changed objects:

Personal Services ___-_-_~_.$ 2,890,000.00 Operating Expenses _.._--_......? 963,300.00

I. Gracewood State School and Hospital. For the cost of operation.

1969-70 ..._.___.........__..__.__- ----......_._..._$ 8,262,463.00 1970-71 ..__..__.........._-_...__.........._.-......._......_.$ 8,262,463.00

Changed objects:

Personal Services __--_._.........._.,,$ 6,812,463.00

J. Medical Assistance Program. For the cost of operation.

1969-70 _._...._._........._._._...._._._--_....._._--$ 20,352,337.00 1970-71 __....._.._.___.......__..._.........._.........._.$ 20,352,337.00

Changed objects:
Personal Services _.._.._..__.._...$ 477,592.00 Benefit Payments .__---_...__..$ 68,543,000.00

K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and ex pended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act

3066

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of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.

1969-70 ,,_._____._._...._...._.___.._._______..___.__._._.$ 1,000,000.00 1970-71 .-_._._._..._.__.___._._..____..._._._.._..__.._.........$ 1,000,000.00

Changed object:

Operating Expenses ....._._..._.._..$ 10,448,483.00

L. Regular Operations. For the cost of operation.

1969-70 _--.___-_.,,__._..._____-_____________._____.____$ 14,618,896.00 1970-71 .....___._._..._._.._......._.._.._.,,.__..-.._...._$ 14,618,896.00

Changed objects:

Personal Services _....._........_._..$ 9,950,670.00 Operating Expenses _._.._._.__..$ 5,259,092.00 Grants to County Health Units _..$ 6,843,399.00

Provided that of the above amount, at least $200,000.00 from Operating Expenses shall be used for Day Care Centers for the Mentally Retarded.

M. Southwestern State Hospital. For the cost of op eration.

1969-70 _._._...._....-.-._........_..._.....-..-......._.............-..$ 5,564,166.00 1970-71 _......._._......._____......_..._................___........$ 5,564,166.00

Changed object:

Personal Services ..,,.._............_._...$ 4,209,166.00

N. Water Quality Control Division. For the cost of operation.

1969-70 _,,......____._...-.-_..._........-___...-._._.,,_.--_.-...$ 380,948.00 1970-71 ___....-........-_........-__..-..._...-.......--..............$ 380,948.00

Changed object: Personal Services ....,,........__.......__.$

391,748.00

Provided that for the purpose of receiving Federal matching funds under Titles XVIII and XIX of the Social Security Act, each budget unit listed in this Section shall

WEDNESDAY, MARCH 26, 1969

3067

have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX reimbursements and other project funds in excess of the amounts contemplated in the Gov ernor's Budget Recommendations for 1969-71 for operat ing expenses and additional personnel as necessary to meet requirements for payment or reimbursement, sub ject to prior approval by the State Budget Bureau.

Section 49. State Nursing Home Board. For the cost of operation.

1969-70 _._________________________.___.__ __._________$ 1970-71 ___-_.-___.-.._._..-.-.,,._.__...,,._.....__-....$

8,738.00 8,738.00

Changed objects:

Personal Services ----__---_-,,,,-._-_-,$ Operating Expenses ____,,______-__.$

-08,738.00

Notwithstanding any other provisions of law to the contrary the costs of the operations of said board shall be met out of the above appropriation, and the board shall not be authorized and shall not expend any other funds except as set forth herein.

HIGHWAYS

Section 50. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately preceding fiscal year and enter the full amount so determined on the rec ords of the State as being the appropriation payable in lieu of the amount appropriated herein.

A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.
1969-70 ....__..-..,,.-.._-_......._-....,,..__.._.-........._-....-,,.____$ 9,325,000.00 1970-71 -.....---....._....__-_-.-----....-_.-..-..--....__.$ 9,325,000.00

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B. Capital Outlay--Authority Lease Rentals.

1969-70 ......._.._-_.__.___.-.__..______.__..___._.$ 19,900,000.00 1970-71 ..___...__.,,..._..__...._.._._.___.___.$ 19,900,000.00

For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con nection with new projects approved by the Highway De partment.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments--Planning and Con

struction. For State matching participation in costs of

construction, reconstruction, improvement in highways,

and highway planning, in cooperation with the Federal

government, including all cost items incident thereto.

Funds appropriated for the fiscal year shall be available

for matching Federal apportionment for the same year.

For the cost of road and bridge construction and surveys,

maintenance and improving the State Highway System

of roads and bridges, and the costs incident thereto (pro

vide all expenditures for county contracts shall be in ac-

\

cordance with and on the basis of average prices as au

thorized by law). Provided, however, that funds shall be

allocated to matching all Federal aid funds prior to

the allocation of any funds for other works, and the State

Highway Department may add, delete, and substitute Fed

eral aid projects to secure the full benefit of the Federal

aid program. Provided, further, that in order to meet the

requirements of the Interstate System with regard to

completion by a date fixed by existing Federal Statute

of Federal-State 90-10 projects, the Budget Bureau is

hereby authorized and directed to give advanced bud

getary authorization for the letting and execution of

highway contracts essential to and included in such inter

state Program not to exceed the amount of State Motor

Fuel Tax Revenues actually paid into the Treasury and

constitutionally appropriated to the State Highway De

partment.

Maintenance and Betterments.

1969-70 ___._____....__,,__..._.___,,.__.__....$ 43,436,344.00 1970-71 ___.___._.._..__._...__.__........____.$ 43,436,344.00

WEDNESDAY, MARCH 26, 1969

3069

Planning and Construction.

1969-70 ---------------_____-----__....$ 55,322,393.00 1970-71 -------.----------------___._.__.-$ 55,322,393.00

Changed object:

Capital Outlay _______,,.______--$127,200,853.00

D. Grants to counties. For grants to counties for aid in county road construction and maintenance.

1969-70 -----.-----------------------$ 4,817,013.03 1970-71 .___..._-_.---- -_____.__--------__----$ 4,817,013.03

E. For grants to counties for aid in county road con struction and maintenance.

1969-70 .___------_--------------_-----------$ 4,500,000.00

1970-71 -------- --- - --

----^ 4,500,000.00

Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law.

The siun appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State
Highway Department.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Dirrector of the State Highway Department, the State Au ditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such
county in any future year.

OTHER Section 51. Grants to Counties and Municipalities.

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A. Grants to Municipalities. For grants to munici palities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

1969-70 ................................__.._,,,,._._......._...$ 9,317,000.00

1970-71

__,,.___________,,___$ 9,317,000.00

Provided, further, that a member of the governing au thority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway De partment, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

B. Grants to counties. 1969-70 _...____.____..._........._.__...$ 2,450,000.00 1970-71 _ ...... .^....^..................J^ 2,450,000.00
Changed objects: Operating Expenses: Grants to Counties _...._.._..._-_....$ 2,450,000.00
For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888).
C. Grants to Municipalities. 1969-70 ..................... ^............^......_______________$ 3,450,000.00 1970-71 _._._._.._._._____-___.............. ..........^ 3,450,000.00
Changed objects: Operating Expenses: Grants to Municipalities -_._._$ 3,450,000.00
For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

WEDNESDAY, MARCH 26, 1969

3071

PART IV.

MISCELLANEOUS

Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expendi ture of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

1969-70 ......................................^ 2,000,000.00 1970-71 ...................................... ___.$ 2,000,000.00

Section 53. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classifica tions following such term shall be changed to the amounts following such object classifications from the amounts listed in the Budget Report therefor. Such changes shall be for both fiscal years.

Section 54. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale dis tributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as au thorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.

Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or in stitution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments re quired under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provisions of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department,

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agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.

Section 56. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1969 session, except as otherwise specified in this Act; provided, however, the Director of the Bud get is authorized to make internal transfers within a budget unit between objects and programs subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to consider said trans fers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Com mittees of the Senate and House of Representatives of all instances revealed in his audit in which the object ex penditures of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recom mendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and ap proved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 57. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full to specific appropriations authorized, the Director of the Budget is authorized and

WEDNESDAY, MARCH 26, 1969

3073

is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40418 (Ga. Laws 1962, p. 17.)

The amount of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allot ments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION 1969-70.__._...-__^......^$933,173,883.59 1970-71__..._--_...-_$929,548,535.59

Section 58. All laws and parts of laws in conflict with this Act are hereby repealed.

The Clerk was directed to correct a tpyographical error appearing in Sec tion 36 (C) Game and Fish Commission, 1970-71; namely, to change the amount $3,474,013.00" to $3,320,685.00".

Mr. Floyd of the 7th moved that the House adopt the report of the Com mittee of Conference on HB 77.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Ballard Barber Barfield
Battle Bennett Berry Black Blalock Bo stick Bowen Brantley, H. H. Brantley, H. L.

Bray Brooks Brown, C. Busbee Caldwell Gates Cato Chandler Clarke Cole Collier Collins, M.
Colwell

Conger Cooper Crowe Dailey Davis, E. T. Dean, N. Dent Dickinson Dixon Douglas Edwards Ellis Fallin

3074
Farmer Farrar Floyd, J. H. Funk Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harrison Henderson Holder Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keyton Knowles

JOURNAL OP THE HOUSE,

Lambert Lane, W. J. Lee, W. S. Lewis Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Milford Moate Moore Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Potts Rainey Reaves Roach Rowland Rush Russell Salem Scarlett Shanahan Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Adams Alexander Atherton Bell Bohannon Bond Brown, B. D. Burruss Carnes Collins, S. Connell Cook Daugherty Davis, W. Dean, J. E. DeLong Dodson Egan Evans Ezzard

Felton Floyd Gary Geisinger Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hood Horton Jones, M. Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Leonard Le vitas Longino Marcus

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Miles Miller Morris Pinkston Sherman Simkins Snow Thomason Townsend Westlake Whaley Winkles Wilson

WEDNESDAY, MARCH 26, 1969

3075

Those not voting were Messrs.:

Buck Conner Dorminy Hamilton Hill, G.

Keen Northcutt Poole Ross

Scarborough Shepherd Wilkerson Mr. Speaker

On the motion to adopt, the ayes were 126, nays 56.

The report of the Committee of Conference on HB 77 was adopted.
Messrs. Buck of the 84th and Dorminy of the 84th requested that they be recorded as having voted for the adoption of the report of the Committee of Conference.
Mr. Northcutt of the 21st requested that he be recorded as having voted against the adoption of the report of the Committee of Conference.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:
HB 784. By Messrs. Williams of the llth, Anderson of the 49th, and others: A Bill to be entitled an Act to provide that it shall be unlawful for any person or corporation to operate any facility within this State where any motor vehicle shall engage in any contest of speed except under certain conditions; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibitions on any permanent racetrack or other place where races or exhibitions are held unless there shall first be obtained a licensed as set forth herein; to provide certain requirements for licensing; to provide for fees; to authorize the Director of the Department of Public Safety to grant, revoke or suspend any such licenses; to provide penalties for violation

3076

JOURNAL OP THE HOUSE,

of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. It shall be unlawful for any person, firm or corpora tion to operate or conduct any motor vehicle race on any permanent racetrack or other place where such races are to be held unless there shall first be obtained a license to operate or conduct such races from the Director of the Department of Public Safety (hereafter, the Di rector).

Section 2. No license for operating or conducting a motor vehicle racetrack shall be issued by the Director until he has been furnished with a certificate or other satisfactory evidence that the applicant has a valid public liability insurance policy with minimum limits of $1 million per accident and $100,000 per person per accident, (or $1 million combined single limit) or, in lieu thereof a valid public liability bond in like amount. The said policy or bond shall be designed to provide coverage for the protection of the licensee from any legal liability arising out of bodiy injury, including death, to any member of the general public, resulting from any racing event. The said insurance policy or bond shall not be designed to provide coverage for bodily in juries or death of drivers of motor vehicles which are engaged in any race, pit area personnel or any person who is involved in the conduct of a race. The said policy or bond shall be written by a company li censed to do business in Georgia, or which is considered to be acceptable
by the Director.

Section 3. No insurance policy or bond may be cancelled, for any reason, unless and until the Director has received notice by certified or registered letter, return receipt requested, that the said policy or bond is going to be cancelled effective on a date at least 14 days from the date such notice is received by the Director.

Section 4. Application for a license to operate or conduct a race track or other place for the holding of such races or exhibitions shall be made in writing to the Director on a form prescribed by or furnished by the Director. The application form shall require a full and complete address of the track or place desired to be licensed, the name and ad dress of the licensee, the name and address of the promoter of such race or exhibition, and shall contain such further information as the Director may require in order to comply with Section 2 of this Act. Such application shall be accompanied by a non-refundable fee of $100.

Section 5. All licenses granted by the Director pursuant to this Act shall expire December 31 of each year.

Section 6. The Director is authorized to suspend or revoke any license for operating or conducting motor vehicle races or exhibitions whenever any said licensee fails to comply with the provisions of this
Act.

WEDNESDAY, MARCH 26, 1969

3077

Section 7. Violation of any provision of this Act shall constitute a felony and shall be punished by imprisonment for not less than one nor more than twenty years, or by $1,000 fine, or both.

Section 8. The term "motor vehicle", as used in this Act, shall not be construed to include any motorcycle or other two-wheeled self-pro pelled vehicle, nor shall it be construed to include any motor vehicle weighing less than 500 pounds.

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Williams of the llth moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray
Brooks Brown, B. D. Brown, C. Buck
Burruss Busbee Carnes Gates

Cato Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard

Fallin Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Hood Horton Housley Hudson Hutchinson Johnson

3078

JOURNAL OF THE HOUSE,

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Lewis Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Moate

Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell

Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Caldwell Chandler Conger DeLong Egan Farrar Gary Hale Hamilton Harris, J. R.

Hill, B. L. Holder Howell Lambert Lee, W. L. (Bill) Longino Marcus Mason McCracken Milford

Miller Phillips, G. S. Pickard Poole Scarborough Snow Townsend Westlake Mr. Speaker

On the motion to agree, the ayes were 166, nays 0.

The Senate substitute to HB 784 was agreed to.

HB 168. By Messrs. Barber of the 15th, Russell of the 70th, and Smith of the 43rd:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Authority; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3079

The following Senate amendmemnts were read:

Senator Broun of the 46th moves to amend House Bill No. 168 as follows:
By striking from Section 16 the figure "$25,000,000.00" and insert ing in lieu thereof the figure $20,000,000.00".
Senator Vann of the 10th District moves to amend HB 168 as follows:
First, by striking the following from Section 4(d):
"and his staff whenever possible and practical, and the Authority shall not be authorized to purchase legal services or to pay any fee to any attorney or law firm for legal services rendered unless the Attorney General shall have first notified the Authority in writing that the Attorney General's office will not be able to render the particular services required."
and substituting in lieu thereof the following:
"or an attorney designated by him."
so that when amended Section 4(d) shall read as follows:
"(d) The Authority shall be authorized and empowered to carry out the objectives and details of this Act, and the program provided for herein, and to employ such professionally qualified per sonnel, experts, agents, consultants, and employees, on a full-time or part-time basis, as may be necessary in order to carry on proper ly the business of the Authority and effectuate the purposes here of, provided, however, that all legal services for the Authority shall be rendered by the Attorney General or an attorney designated by him. Pull-time personnel employed by the Authority shall be sub ject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as now or may hereafter be amended."
Second, by adding to the end of Section 27 the following language: "The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Russell of the 70th moved that the House agree to the Senate amend ments.
On the motion to agree, the roll call was ordered and the vote was as follows:

3080

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bo stick Bowen Brantley, H. H. Bray Brooks Brown, C. Buck Burruss
Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell
Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer

Farrar Felton Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard
Le vitas Lewis Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Miles

Milford Miller Moate Moore Morris Mullinax
Murphy Nash Northcutt
Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts Rainey Reaves Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams
Wood

WEDNESDAY, MARCH 26, 1969

3081

Those not voting were Messrs.:

Alexander Bond Brantley, H. L. Brown, B. D. Caldwell Collins, M. Dailey DeLong Hale Hamilton Hargrett

Harris, J. R. Hill, B. L.
Holder Horton Howell Lane, W. J. Longino Maxwell
Merritt Nessmith Parker, H. W.

Pickard Poole Roach Scarborough Sherman Snow Townsend Westlake Wilson Mr. Speaker

On the motion to agree, the ayes were 163, nays 0.

The Senate amendments to HB 168 were agreed to.
HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd and others: A Bill to be entitled an Act to amend the Code so as to increase the time within which certain vehicles must be registered and a license plate required; and for other purposes.

The following Senate amendment was read:

The Senate Committee on Public Utilities and Transportation moves to amend HB 140 as follows:
By deleting the first sentence of subsection (b) of quoted Section 68-214, which Section is quoted in Section 3 of said bill, in its entirety and inserting in lieu thereof the following sentence:
"(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, designate the county from which the license plate was issued, and such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued."
By inserting between the first and second sentences of subsection (b) of quoted Section 68-214, which Section is quoted in Section 3 of said bill, the following sentence:
"Such plates may also bear such figures, characters, letters or combinations thereof as in the judgment of the Revenue Commis-

3082

JOURNAL OF THE HOUSE,

sioner will to the best advantage advertise, popularize and other wise promote Georgia as the Teach State'."

Mr. Brown of the 32nd moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bo wen Brantley, H. H. Bray Brooks Brown, C. Buck Burruss Busbee Carnes Gates Cato Cole Collier, J. M. Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.

Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, G. Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G.

Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McDaniell Melton Merritt Miles Miller Moate Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R.

Pickard Pinkston Potts Rainey Roach Ross Rowland Rush Salem Scarlett Shanahan

WEDNESDAY, MARCH 26, 1969

3083

Shepherd Sherman Simkins Simmons Sims Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R.

Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Alexander Bond Brantley, H. L. Brown, B. D. Caldwell Chandler Clarke Connell DeLong Egan Ellis Gary Gaynor

Hale Hamilton Harris, R. W. Hill, B. L. Holder Horton Howell Lee, W. L. (Bill) Lewis Longino Mauldin McCracken Milford

Nessmith Parker, H. W. Phillips, G. S. Poole Reaves Russell Scarborough Smith, J. R. Snow Townsend Westlake Wilson Mr. Speaker

On the motion to agree, the ayes were 156, nays 0.

The Senate amendment to HB 140 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 149. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act creating within the De partment of Family and Children Services an autonomous Division for Children and Youth for the supervision of certain children and youth of the State, so as to provide for the acceptance and incarceration of all misdemenants and felons under the age of 17 years; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT
The Conference Committee on SB 149 recommends the following:
(1) That both the House and Senate recede from their respective positions, and that the Senate Substitute to Senate Bill No. 149 be adopted with the following modification:

3084

JOURNAL OP THE HOUSE,

That present Section 3 of said Senate Substitute be deleted and in lieu thereof be substituted a new Section 3 to read as follows:

"This Act shall become effective January 1, 1970. Provided, however, in the event adequate facilities are not available, the Di vision for Children and Youth shall have the right to transfer youths committed to the Division under the provisions of this Act to the State Department of Corrections for incarceration in an ap propriate facility designated by said Department of Corrections."

Respectfully submitted, FOR THE SENATE:
M. J. Padgett Senator, 23rd District
Cyrus M. Chapman Senator, 32nd District
Jack L. Stephens Senator, 36th District
FOR THE HOUSE OF REPRESENTATIVES:
J. Floyd Harrington Representative, 34th District
Marshall Keen Representative, 81st District
McKee Hargrett Representative, 58th District

Mr. Harrington of the 34th moved that the House adopt the report of the Committee of Conference.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson
Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock
Bohannon Bostick Bowen

Bray Brooks
Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Cole Collier
Collins, M. Collins, S. Colwell

Conger Connell
Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.
Dent Dickinson Dodson

Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. E.
Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris on
Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M.

WEDNESDAY, MARCH 26, 1969

3085

Jordan, G. Jordan, H. S.
Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson
Peters

Peterson Phillips, L. L. Phillips, W. R.
Pickard Pinkston Potts
Rainey Roach
Ross Rowland Rush. Russell
Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Alexander Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Caldwell Clarke DeLong Dixon Egan Ellis Floyd, J. H.

Hale Hamilton Harris, R. W. Holder Horton Howell Lane, W. J. Mason Matthews, C. Matthews, D. R. McClatchey Mullinax

Nash Nessmith Parker, H. W. Phillips, G. S.
Poole Reaves Smith, J. R. Townsend Vaughn Ware Whaley Mr. Speaker

3086

JOURNAL OF THE HOUSE,

On the motion to adopt, the ayes were 159, nays 0.

The report of the Committee of Conference on SB 149 was adopted.

The following Bill of the Senate was taken up for the purpose of consider ing the Senate amendment to the House amendment thereto:

SB 21. By Senators Miller of the 43rd, Gillis of the 20th, and others:
A Bill to authorize public school teachers to conduct a brief period of silent prayer with the participation of all pupils at the opening of school upon every school day; and for other purposes.

The following House amendment was read:

Messrs. Barber of the 15th, Parker of the 46th and Levitas of the 77th move to amend Senate Bill 21 as follows:
By inserting a new subsection to Section 1 appropriately designated to read as follows:
"No teacher, principal, school board or any other person may require or prescribe any particular method or manner in which a child shall participate in any period of prayer or meditation, but each child shall be absolutely free to participate therein, or not, in such manner or way as such child shall personally desire consistent with his or her beliefs."

The following Senate amendment to the House amendment was read:
Senate amends House amendment to SB 21 by adding in the third line thereof, after the word "of", the words "such silent".

Mr. Thomason of the 77th moved that the House agree to the Senate amend ment to the House amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield

Battle Bell Bennett Berry Black Blalock

Bohannon Bostick Bowen Brantley, H. H. Bray Brooks

Brown, C. Buck Burruss Busbee Carnes
Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards
Ellis Evans Ezzard Farmer Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett

WEDNESDAY, MARCH 26, 1969

3087

Harrington Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hill, G. Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy

Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinks ton Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Voting in the negative was Mr. B. L. Hill.

Those not voting were Messrs.:

Alexander Bond

Brantley, H. L. Brown, B. D.

Caldwell Clarke

3088
Connell Egan Fallin Parrar Ployd, J. H. Hale Hamilton Harris, R. W. Harrison

JOURNAL OP THE HOUSE,

Holder Horton Howell Leonard Matthews, D. R, Maxwell McCracken Nes smith Parker, H. W.

Phillips, G. S. Pickard Poole Scarborough Simkins Thompson, A. W. Townsend Vaughn Mr. Speaker

On the motion to agree, the ayes were 161, nays 1.

The Senate amendment to the House amendment to SB 21 was agreed to.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th and others:
A Bill to be entitled an Act to create a new and entirely separate re tirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.

The following Senate amendment was read:
The Senate Retirement Committee moves to amend HB 141 as follows: By striking from the beginning of subsection (c) of Section 11 the
word, "Seven" and inserting in lieu thereof the word, "Six." By adding a new section as Section 24 as follows: Section 24. Any provision herein to the contrary notwithstanding,
no credit shall be given any member for prior service until the General Assembly shall appropriate funds to amortize the prior service liability.
By renumbering present Sections 24 and 25 to Sections 25 and 26.
Mr. Parrar of the 77th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 26, 1969

308&

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Bray Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong
Dent Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin

Farrar Felton Floyd, J. H. Floyd, L. E. Funk Gary
Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harrison
Hawes Henderson Higginbotham Hill, B. L. Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lowrey Marcus Mauldin McClatchey McDaniell
Melton Merritt Miles Milford Miller

Moate Moore Morris Mullinax
Murphy Nash Northcutt Nunn Odom Pafford
Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

3090

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander Bond Brantley, H. L. Brooks Brown, B. D. larke Dickinson Egan Farmer Hamilton
Harris, R. W.

Hill, G. Holder Horton Howell Jordan, H. S. Lane, W. J. Levitas Longino Mason Matthews, C.
Matthews, D. R.

Maxwell McCracken Nessmith Parker, H. W. Phillips, G. S. Poole Rush Russell Townsend Vaughn
Mr. Speaker

On the motion to agree, the ayes were 162, nays 0.

The Senate amendment to HB 141 was agreed to.

HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, and others:
A Bill to be entitled an Act to amend Code Chapter 88-15 so as to re quire each county board of health to adopt regulations for the con trol of rabies; and for other purposes.

The following Senate Amendment was read:

The Senate Committee on Health and Welfare moves to amend HB 226 as follows:
By striking from the title the following phrase:
"to provide an alternative method for identifying dogs;".
By striking from Section 4, wherever the same shall appear the following:
", unless the dog's owner shall determine that the dog may suf fer harm or inconvenience by having a collar or harness. In this event, the owner shall have the dog tattooed in its ear by a person skilled in the art of tattooing. The tattoo shall contain the name or the abbreviation of the county of residence of the dog's owner and the license number assigned to the dog by the Department of Health".
And, by striking in its entirety Section 8 and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The provisions of this Act shall become effective on July 1, 1970."

WEDNESDAY, MARCH 26, 1969

3091

Mr. Rainey of the 47th moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Davis, E. T. Dean DeLong Dent Dixon Dodson Dorminy Douglas Edwards

Ellis Evans Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.

Leonard Le vitas Longino Lowrey Marcus Mason Matthews, C. Maxwell McClatchey McDaniell Melton Merritt Miles Miller Moate Moore Morris Mullinax Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peterson Pinks ton Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T.

3092

JOURNAL OF THE HOUSE,

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Crowe Mauldin

Milford Peters

Phillips, W. R. Snow

Those not voting were Messrs.:

Alexander Barfield Bennett Bond Brantley, H. L. Brown, B. D. Clarke Daugherty Davis, W. Dean, J. E. Dickinson Egan Ezzard

Fallin
Hale Hamilton Harris, J. R. Harris, R. W. Horton Howell Jones, C. M. Jordan, H. S. Lewis Matthews, D. R. McCracken Murphy

Nessmith Parker, H. W. Phillips, G. S. Phillips, L. L. Pickard Poole Russell Smith, J. R. Townsend Vaughn Wamble Mr. Speaker

On the motion to agree, the ayes were 151, nays 6.

The Senate amendment to HB 226 was agreed to.

:HB 917. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and ex haustively revise said Title; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government moves to amend House Bill 917 as follows:
By deleting quoted Section 34A-903.1 of Section 9 in its entirety and inserting in lieu thereof the following:
"Section 34A-903.1. Reopening of qualification in non-partisan elections in certain cases--In the event of the death or disqualifica-

WEDNESDAY, MARCH 26, 1969

3093:

tion of the sole remaining candidate prior to the date of a nonpartisan election, the governing authority may reopen qualification for the office sought by the deceased or disqualified candidate for a period of not less than one nor more than three days."

The Clerk was directed to correct a typographical error in the Senate amendment; namely, to change the word "even" to "event" in the third line of
the quoted section.

Mr. McCracken of the 36th moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger

Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gigniliat Grahl Graves Gunter Hadaway Hale

Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis

-3094
Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom

JOURNAL OF THE HOUSE,

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd

Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Barfield Bennett Blalock Collier Davis, W. Dean, J. E. Egan Ezzard

Fallin Hamilton Harris, R. W. Henderson Hill, B. L. Howell Mason Matthews, D. R.

Nash Phillips, L. L. Poole Reaves Simkins Townsend Wilson Mr. Speaker

On the motion to agree, the ayes were 171, nays 0.

The Senate amendment to HB 917 was agreed to.

HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th and others:
A Bill to be entitled an Act to amend Code Section 32-1003 so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.

The following Senate substitute was read:

WEDNESDAY, MARCH 26, 1969

3095

A BILL

To be entitled an Act to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958 (Ga. Laws 1958, p. 635), so as to provide that special elections called for the pur pose of filling vacancies in the office of an elected county superin tendent of schools shall be conducted in conformity with the Georgia Election Code; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958 (Ga. Laws 1958, p. 635), is hereby amended by striking in its entirety said Code Section and substituting in lieu thereof the following:

"32-1003. Vacancies, how filled.--In the event of a vacancy by death, resignation, removal from office, or from any cause what ever, in the office of an elected county superintendent of schools in any county, or upon the death or disqualification of a county superintendent of schools elect, between the date of his election and the date that he assumes office, the vacancy shall be filed as follows:
1. In the event of a vacancy by death, resignation, removal from office, or from any other cause whatever, and there is less than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools for the unexpired term.
2. In the event that there is more than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools to serve for a period of 30 days and until the vacancy can be filled as herein provided. In such event, it shall be the duty of the ordinary to issue a call, within 10 days after the vacancy occurs, for a special election to fill the vacancy for the unexpired term. Such election shall be held in accordance with the provisions of the Georgia Election Code.
3. In the event of the death or disqualification of a county superintendent of schools-elect preceding the date that he was to have assumed office, it shall be the duty of the ordinary, within 10 days after the death or disqualification occurs, to issue the call for a special election to elect a county superintendent of schools for the term to which the county superintendent of schools elect was elected. Such election shall be held in accordance with the provisions of the Georgia Election Code. The incumbent county superintendent of schools shall hold over until his successor is elected as herein provided."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

3096

JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th moved that the House agree to the Senate sub stitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Berry Black Blalock Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chander Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong

Dent Dickinson Dixon Dodson Douglas Edwards Ellis Evans Farmer Farrar Felton Floyd, J. H. Floyd, L. E. Funk Gary
Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner
Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp

Knowles Kreeger Lambert
Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Morris Mullinax Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Roach Ross Rowland Russell

Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R.

WEDNESDAY, MARCH 26, 1969

3097

Smith, V. T.
Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn

Wamble Ware Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wood

Those not voting were Messrs.:

Adams Bennett Dean, J. E. Dorminy Egan Ezzard Tallin Hamilton Henderson

Howell Jones, C. M. Lane, W. J. Mason Matthews, D. R. Moore Nash Nessmith Phillips, L. L.

Poole Reaves Rush Simkins Townsend Winkles Wilson Mr. Speaker

On the motion to agree, the ayes were 169, nays 0.

The Senate substitute to HB 560 was agreed to.

HR 226-630. By Messrs. Smith of the 43rd, Chander of the 34th, and Murphy of the 19th:
A Resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth District moves to amend HR 26-630 by striking therefrom the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the proposed bid and lease are hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute such lease for and on behalf of the State of Georgia and the said State Properties Control Com-

and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the proposed bid and lease

3098

JOURNAL OF THE HOUSE,

are hereby accepted, only on the conditions that Jamestown Shop ping Center, Inc., a Georgia Corporation, prior to the execution of the lease by the State of Georgia, shall submit to the Treasurer of the State of Georgia additional bid security in the amount of two hundred thousand dollars ($200,000.00) to be evidenced by a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, said additional bid security to be forfeited to the State of Georgia, as fixed liquidated damages and not as a penalty if said James town Shopping Center, Inc., a Georgia Corporation, before the term of the lease commences, declares or demonstrates its inten tion not to be bound by the Lease with said additional bid security to be maintained until Jamestown Shopping Center, Inc., a Georgia Corporation, has deposited all of the security required by para graph twelve (12) of Article IV and paragraph thirty-eight (38) of Article VI of the lease, and that the present stockholders of Jamestown Shopping Center, Inc., a Georgia Corporation, John C. Portman, Jr., and Trammell Crow agree in writing to maintain: such ownership with failure to so maintain to constitute an indica tion of its intention not to be bound by the Lease, whereupon the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute such lease for and on behalf of the State of Georgia and the said State Properties Control Commission."

Mr. Chandler of the 34th moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:;

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfied Bell Bennett Black Blalock Bohannon Bond Bostick Bowen
Brantley, H H. Bray Brooks Brown, B. D.

Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Colins, S. Colwell Conger Connell Conner Cook
Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Ellis Fallin Farmer Farrar Felton
Floyd, J. H. Floyd, L. R. Funk Gary

Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. P. Harrison
Hawes Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.
Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick

WEDNESDAY, MARCH 26, 1969

3099

Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell
Melton Merritt Miles Milford Miller Moate Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.
Patterson
Peters Peterson Phillips, L. L. Phillips, W. R.
Pinkston

Poole Potts Rainey Roach Rowland Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, V. T.
Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those voting in the negative were Messrs. Evans and Levitas.

Those not voting were Messrs.:

Battle Berry Brantley, H. L. Brown, C. Clarke Collier Collins, M. Dean, J. E. Dorminy Egan Ezzard

Hamilton Harris, J. R. Harris, R. W. Henderson Hill, B. L. Howell Lane, W. J.
Mason McCracken Moore Morris

Nessmith Phillips, G. S. Pickard Reaves Ross Salem Simkins Smith, J. R. Townsend
Wilson Mr. Speaker

On the motion to agree, the ayes were 160, nays 2.

3100

JOURNAL OF THE HOUSE,

The Senate amendment to HR 226-630 was agreed to.

HB 999. By Mr. Lee of the 61st: A Bill to be entitled an Act to create the Policy and Evaluation Com mittee for Electronic Data Processing; and for other purposes.
The following Senate amendments were read:
The Senate Committee on Economy, Reorganization and Efficiency In Government moves to amend House Bill 999 as follows:
By striking from Section One the word "five" and inserting in lieu thereof the word "seven".
By adding in Section One the words "State Highway Board" the following:
"One representative from the State Department of Health to be appointed by the State Board of Health, one representative from the State Department of Education to be appointed by the State Board of Education".
Senator Smith of the 18th moves to amend HB 999 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The Committee is authorized to employ such employees as it deems necessary to effectuate the provisions of this Act, all such empoyees hereafter employed being hereby specifically extended cover age under and subjected to all rules and regulations of that State Merit System of Personnel Administration authorized by an Act approved February 4, 1943 (Ga. L. 1943, pp. 171-177), as now or hereafter amended.
Senator Smith of the 18th moves to amend HB 999
by adding between the words "the State Budget Officer" and the words "the State Planning Officer" as they appear in the first sentence in Section One the words:
"one representative from the State Revenue Department to be appointed by the State Revenue Commissioner,"

Mr. Lee of the 61st moved that the House agree to the Senate amendments.

On the motion to agree, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 26, 1969

3101

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis

Evans Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gei singer Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Ross Rowland Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Westlake

3102
Whaley Wheeler, Bobby Wheeler, J. A.

JOURNAL OF THE HOUSE,

Wilkerson Williams Winkles

Wood

Voting in the negative was Mr. Rush.

Those not voting were Messrs.:

Brantley, H. L. Clarke Collins, M. Dean, J. E. Egan Ezzard Farmer Hamilton Henderson

Howell Lane, W. J. Mason McCracken Miller Moore Phillips, G. S. Pickard Poole

Reaves Russell Smith, J. R. Townsend Wamble Wilson Mr. Speaker

On the motion to agree, the ayes were 169, nays 1. The Senate amendments to HB 999 were agreed to.

HB 259. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to provide a new charter for the City of Milner; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee moves to amend HB: 259:
By striking subsection (a) of Section 4-1 of Article IV in its en tirety and substituting in lieu thereof the following:
"(a) Reading Required. All ordinances and resolutions, before they shall pass, shall be read at two separate regular or special meetings."
And by striking in Section 4-41 of Article IV the phrase "by ordi nance" and substituting in lieu thereof the phrase "to adopt ordinance* as authorized by the laws of Georgia"
And by striking in Section 4-47 of Article IV the phrase:

WEDNESDAY, MARCH 26, 1969

3103

"to require all railroad companies to station watchmen at street crossings;"

And by striking in Section 4-47 of Article IV the phrase:

"to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing;"

And by striking in Section 4-60 of Article IV the following:

"to regulate the sale and use of fire crackers, torpedoes, sky rockets, and any other kind of fireworks; to prohibit the firing or use of them within the limits of said city;"

And by striking in Article IV, Sections 4-57, 4-59, and 4-60 in their entirety.

And by renumbering Section 4-58 as Section 4-57 And by renumbering Section 4-61 as Section 4-58 And by renumbering Section 4-62 as Section 4-59 And by renumbering Section 4-63 as Section 4-60

And by striking Section 6-5 of Article VI in its entirety and by substituting in lieu thereof the following:

"Section 6-5. Authority to Arrest Without Warrant. The Chief of Police and the policemen of the City may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of Georgia for making arrests without a warrant.

And by striking in Article VI, Section 6-11 and Section 6-12 in their entirety.

Mr. Caldwell of the 39th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 259 was agreed to.
HB 643. By Messrs. Ware, Mullinax and Blalock of the 30th, and others: A Bill to be entitled an Act to authorize residents of the State of Georgia to purchase shotguns and rifles from persons in states con tiguous to the State of Georgia under certain conditions; and for other purposes.

3104

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To be entitled an Act to enable residents of Georgia to purchase in contiguous States, and residents of contiguous States to purchase in Georgia, rifles and shotguns provided such persons conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State; to provide for an ef fective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Residents of the State of Georgia may purchase rifles and shotguns in any State contiguous to the State of Georgia, provided such residents conform to applicable provisions of statutes and regula tions of the United States, of the State of Georgia, and of the contigu ous State in which the purchase is made.
Section 2. Residents of any State contiguous to the State of Georgia may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State in which such persons reside.
Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ware of the 30th moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton
Ballard Barber Battle Bell Berry Black Blalock

Bohannon Bostick Bowen Brantley, H. H.
Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee

Gates Cato Chandler Clarke
Cole Collier Collins, S. Colwell Conger Connell Conner

Cook Cooper Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, N. DeLong Dent
Dickinson Dixon Dorminy Douglas Edwards Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Harrison Hawes Higginbotham Hill, G. Holder Horton

WEDNESDAY, MARCH 26, 1969

3105

Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Morris Mullinax Nash
Nessmith Northcutt Nunn

Odom Pafford Parris Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey
Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams
Wood

Those voting in the negative were Messrs.:

Bond Dean, J. E.

Dodson Hill, B. L.

Thompson, A. W.

Those not voting were Messrs.:

Barfield Bennett Buck

Caldwell Games Collins, M.

Egan Ezzard Hale

3106
Hamilton Henderson Hood Mason Matthews, D. R. McCracken Moate

JOURNAL OF THE HOUSE,

Moore Murphy Phillips, G. S. Pickard Poole Reaves Russell

Smith, J. R. Townsend Vaughn Wamble Winkles Wilson Mr. Speaker

On the motion to agree, the ayes were 160, nays 5.

The Senate substitute to HB 643 was agreed to.

HB 195. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act relating to the Teachers' Retirement System; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing a retirement sys tem for teachers in the State public schools and other State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that certain teachers who are members of the Teachers' Retirement System shall be eligible to continue membership in said re tirement system; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION I
An Act establishing a retirement system for teachers in the State public schools and other State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding a new subsection (5) at the end of Section 3 to read as follows:
"(5) Any person who is a teacher in both a public school and a private school system on the effective date of this Act and who has been in that system for the immediately preceding five (5) years and who is a member of the Teacher's Retirement System on the effective date of this Act shall be eligible to continue his mem bership in said retirement system; provided that the employer's contribution shall be paid by the system in which such person is teaching."

WEDNESDAY, MARCH 26, 1969

3107

SECTION 2

All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Smith of the 39th moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Bell Bennett Berry Black Blalock Bohannon Bo stick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T.

Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Hood Horton Housley

Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Mo ate Morris Mullinax Murphy Nash Nessmith

3108
Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts

JOURNAL OP THE HOUSE,

Rainey Roach Ross Rowland Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons
Sims Smith, V. T. Snow

Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Ware Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Voting in the negative was Mr. Rush.

Those not voting were Messrs.:

Battle Bond Brooks Games Clarke Collins, M. Egan Farmer Hale Hamilton

Hawes Henderson Holder Howell Mason Matthews, C. Matthews, D. R. McCracken Moore Phillips, G. S.

Poole Reaves Russell Smith, J. R. Townsend Vaughn Wamble Wilson Mr. Speaker

On the motion to agree, the ayes were 165, nays 1.

The Senate substitute to HB 195 was agreed to.

HB 920. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.

The following Senate amendments were read:
The Senate Committee on County and Urban Affairs moves to amend HB 920 as follows:

WEDNESDAY, MARCH 26, 1969

3109

By striking from quoted Section 3, which Section is quoted in Sec tion 1 of said bill, the following:

"17 Criminal Investigators

518.50 per month"

and substituting in lieu thereof the following:

"16 Criminal Investigators

518.50 per month".

The Senate Committee on County and Urban Affairs moves to amend HB 920 as follows:

By striking from quoted Section 3, which Section is quoted in Sec tion 1 of said bill, the listings of the various employees within the sheriff's office and their respective salaries, and substituting in lieu thereof the following:

"1 Chief Deputy 1 Major 1 Chief Criminal Investigator 2 Captains 1 ID & Fingerprint Expert 3 Civil Deputies 5 Lieutenants 17 Criminal Investigators 1 Chief Jailer
46 Patrol Deputies 2 Bookkeepers (1 Jail, 1 Office) 1 Secretary 10 Assistant Jailers Turnkeys 9 Clerk-Dispatchers 1 Mechanic Helper 1 Office Clerk 3 Office Clerks 3 Matrons

$732.70 per month 632.70 per month 539.50 per month 539.50 per month 531.00 per month 531.10 per month 518.50 per month 518.50 per month 518.50 per month 487.00 per month 445.00 per month 445.00 per month 403.00 per month 403.00 per month 415.00 per month 387.25 per month 340.00 per month 321.00 per month".

Mr. DeLong of the 80th moved that the House agree to the Senate amend ments.

On the motion to agree, the ayes were 103, nays 0. The Senate amendments to HB 920 were agreed to.

3110

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 436. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend "Georgia Highway Authority Act" so as to authorize the Authority to acquire from the State or any County or any incorporated municipality rights-of-way and other property; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON H. B. NO. 436
The Conference Committee on HB 436 recommends the following:
That the Senate recede from its position and that the following amendments to said bill be adopted:
(1) By inserting in the title of said bill before the clause "and for other purposes" the following:
"to provide for the selection by the State Highway Board of urban road projects;".
(2) By inserting at the end of Section 3 a new subsection (o) to read as follows:
"(o) Urban County--Any county with a population of more than 100,000, according to the most recent Federal decennial Cen sus, in which there is situated an urban municipality."
(3) By inserting after Section 7 of said bill a new Section, to be numbered 8, and the Sections of the bill presently numbered 8, 9 and 10 to be renumbered Sections 9, 10 and 11, so that said new Section 8 of HB 436 will read as follows:
"Section 8. Said Act is further amended by adding at the end of Section 7 of said Act a new subsection to be designated subsection (e) to provide for the selection of urban road projects, so that said new subsection designated subsection (e) shall be and read as follows:
'(e) In selecting projects pursuant to the provisions of this Section 7, the State Highway Board shall locate projects according to a formula which will allocate to each urban incorporated mu nicipality or urban county, as the case may be, a project or proj ects estimated to cost an amount equal to the percentage of $100 million which 110% of the population of such urban county, as the case may be, bears to the sum of the 110% of the

WEDNESDAY, MARCH 26, 1969

3111

total population of all urban incorporated municipalities (except those in urban counties) plus the total population of all urban
counties. Population used herein shall mean the population figures according to the latest federal decennial census.

If any urban incorporated municipality or urban county fails to qualify for one or more of its projects, the State Highway Board shall have full authority to substitute other projects, but such substituted project shall count in the formula allocation and the urban incorpo rated municipality or urban county which failed to qualify shall have a cumulative credit for the amount of such forfeited project.'"

Respectfully submitted,

SENATE
Robert H. Smalley, Jr. Senator, 28th District
Sam P. Hensley Senator, 33rd District
Robert H. Walling Senator, 42nd District

HOUSE OF REPRESENTATIVES
Clarence R. Vaughn Representative, 74th District
Hugh Lee McDaniell Representative, 117th District
Elliott H. Levitas Representative, 77th District

Mr. Vaughn of the 74th moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell

Carnes Gates Cato Chandler Clarke Cole Collier Coiling, M. Collins, S. Colwell Conger Cook

3112
Cooper Crowe Dailey Daugherty Davis, E. T. Dean, N. Dickinson Dodson Dorminy Douglas Edwards Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Howell

JOURNAL OP THE HOUSE,

Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mauldin Maxwell McCracken McDaniell Melton Miles Milford Miller Moate Moore Morris Mullinax Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A.

Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Barfield Bennett Blalock Connell Conner Davis, W. Dean, J. E.

DeLong Dent Dixon Ezzard Hale Hamilton Holder

Mason Matthews, C. Matthews, D. R. McClatchey Merritt Nash Nessmith

WEDNESDAY, MARCH 26, 1969

3113

Phillips, L. L. Poole Sims

Sweat Whaley

Wilson Mr. Speaker

On the motion to adopt, the ayes were 167, nays 0.

The report of the Committee of Conference on HB 436 was adopted.

Mr. Hargrett of the 58th arose to a point of personal privilege and delivered the following remarks, requesting the same to be recorded in the Journal:

HOUSE OP REPRESENTATIVES
ATLANTA
March 26, 1969
MR. SPEAKER, ESTEEMED LADY OF THE HOUSE, GENTLEMEN OF THE HOUSE . . .
I rise on a point of personal privilege for the purpose of inserting into the record an insult to the dignity of the General Assembly of Georgia that transpired on the fourth floor of this grand old building last night, March 25, 1969. Since I have been up here before on a point of personal privilege this year, I am not going to even ask you to listen, but this must be made of record, out of deference to four million Geor gians: or I will be remiss in my duty to representative government if I become guilty of complicity by being so gutless as to remain silent.
Last night the following senators and the president of the Senate behaved in a manner that violated the moral, ethical and civil rights of a segment of fighting men in Viet Nam, part of whom have made the supreme sacrifice.
I charge that Lt. Governor George T. Smith, Senator Stanley Smith, Senator Robert Smalley, Senator Paul Broun, and Senator Dan McIntyre have done an incalculable disservice to the spirit and meaning of the General Assembly by their inexplicable and indefensible, perfidy and conduct. These men under the guise of a rules committee meeting raped due process in representative government and made the part greater than the whole.
The Communists today are telling our idealistic and impressionable youngsters that we say one thing and do another, that our legislative process is a farce and a fraud. That which transpired last night, if it becomes standard procedure, justifies and proves the accusation. So perverted was honor last night that it was of the magnitude that if it were putrefaction, it would repulse a scavenger. I no longer grant these men peerage for--I am less or more than they, but I am not the same.
May God forgive them for they know not what they do.

3114

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 386. By Messrs. Winkles of the 96th, Games of the 104th, Adams of the 100th, Ezzard of the 102nd and others:
A RESOLUTION
Creating an interim study committee to work with the Joont Citizens Advisory Committee of the City of Atlanta and Fulton County to assist in the study of consolidating the governments of the City of Atlanta and Fulton County; and for other purposes.
WHEREAS, the City of Atlanta is the Capital City of Georgia and is an important center for cultural, social and business interests in the Southeast; and
WHEREAS, it is important to the continued growth and progress of the State of Georgia that its Capital City continue to grow and prosper; and
WHEREAS, a Joint Citizens Advisory Committee of the City of Atlanta Fulton County has been created for the purpose of study ing alternatives, conditions, and methods of consolidating the govern ments of the City of Atlanta and Fulton County; and
WHEREAS, a bill is presently pending before this General Assem bly to provide for one government in Fulton County by 1972; and
WHEREAS, it is desirable that an interim legislative study com mittee be created to work with said Joint Citizens Advisory Committee to coordinate local and legislative efforts to accomplish the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of five members of the House of Representa tives to be appointed by the Speaker of the House, which committee shall work with the Joint Citizens Advisory Committee of the City of Atlanta and Fulton County to assist in the study of consolidating the governments of Atlanta and Fulton County. The Committee is authorized to study alternatives, conditions, methods and all other matters related to the consolidating of the aforesaid governments.
The Committee shall state its findings and conclusions in a report to the House of Representatives on or before December 31, 1969, at which time the Committee shall stand abolished. The members of the Committee shall receive such expenses and allowances which are au thorized to legislative members of interim study committees, but the no longer than ten days, unless an extension is granted by the Speaker of the House of Representatives, from funds appropriated to or avail able to the Legislative Branch of State Government.

WEDNESDAY, MARCH 26, 1969

3115

HR 432. By Messrs. Housley, Henderson and Wilson of the 117th and Barber of the 15th:

A RESOLUTION
Creating the "Project Success" Study Coommittee; and for other purposes.
WHEREAS, there is presently a project being administered in Cobb County school system which project is known as "Project Success"; and
WHEREAS, the project is designed to detect physical and psycholog ical problems which if not treated may prevent a school child from reaching his full educational potential and also to aid teachers and administrators in designing an educational program for each individual child so as to insure that each child will progress according to his full ability; and
WHEREAS, "Project Success" has, from all accounts, been success ful; and
WHEREAS, the project has such promise and potential as a stu dent dropout deterrent that it would be worth the time and energy needed to study it to see whether it should be expanded to include all the school systems of the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Project Success" Study Committee, to be composed of five members of the House chosen by the Speaker.
The Committee shall study and observe the "Project Success" cur rently being administered in Cobb County to see whether the project merits being extended to all the school systems of the State.
The Committee shall prepare a report of its findings and recom mendations, which report shall be submitted to the Clerk of the House for printing on or before December 1, 1969, at which time the Committee shall stand abolished.
The members of the Committee shall receive such expenses and allowances as are authorized to members of interim legislative com mittees, but for no longer than 15 days.
All funds necessary for operating of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

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HR 433. By Messrs. Connell of the 79th and Busbee of the 61st:

A RESOLUTION
Creating the Sales Tax Exemption Study Committee; and for other porposes.
WHEREAS, since the adoption of the general sales tax by the State of Georgia in 1951, there have been numerous exemptions granted from the sales and use tax; and
WHEREAS, it is desirable to review the sales tax exemption policy of the State of Georgia in order to determine the overall effect upon revenue collections of such exemptions, and, at the same time, to pre serve the obvious advantages derived from the exemption of certain items from such taxation.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Sales Tax Exemp tion Study Committee to be composed of five members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the present exemptions being granted from the sales and use tax and to the overall effect upon revenue collections created by said exemptions and shall review, in general, the State's policy insofar as tax exemptions are concerned. The Committee shall be authorized to meet for a period not in excess of ten days. The members of the Committee shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative study committees. The Committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly at which time it shall stand abolished.

HR 434. By Messrs. Housley, Wilson and Henderson of the 117th and Barber of the 15th:
A RESOLUTION
Creating the Teacher Certification Reciprocity Agreement Study Committee; and for other purposes.
WHEREAS, some school teachers who are qualified to teach in other states are not permitted to teach in Georgia unless certain time consuming and, perhaps, needless steps are first taken; and
WHEREAS, the State of Georgia is in need of qualified teachers; and
WHEREAS, it would be a worthwhile use of legislators' time and energies if a study were made to determine the feasibility of legisla tively providing for reciprocity, for teacher certification, with the various other states.

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3117

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Teacher Certifi cation Reciprocity Agreement Study Committee, to be composed of ten members of the House of Representatives, chosen by the Speaker.

The Committee shall determine the feasibility of and the need for legislation designed to provide for reciprocity, for teacher certification, with the various other states.

The Committee shall prepare a report of its findings and recom mendations, which shall be submitted to the Clerk of the House for printing, on or before December 1, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive the expenses and allowances authorized to members of the interim Igislative committees,
but for no longer than 15 days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the legislative branch of the State Government.

HR 435. By Messrs. Chandler of the 34th and Pafford of the 64th:
A RESOLUTION
Creating the Standard Architectural Plans Study Committee; and for other purposes.
WHEREAS, a number of bills have been introduced at the 1969 Session authorizing and directing several of the major public corpora tions of this State to adopt standard architectural plans; and
WHEREAS, the purpose of these bills was to save substantial amounts of money in architectural fees in connection with buildings that may be constructed for said public corporations in the future; and
WHEREAS, a thorough study should be made concerning the feasi bility and advisability of adopting such proposal before final action is taken.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Standard Architectural Plans Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall make a thorough study of all matters relating to the feasibility and advisability of adopting laws requiring public corporations and other State agencies to adopt standard architectural plans in connection with buildings to be constructed for such public corporations and State agencies.

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BE IT FURTHER RESOLVED that the members of the Committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Com mittee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to receive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of govern ment.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legislation that may be recommended by the Committee.

HR 437. By Messrs. Cook, Felton and Hawes of the 95th, Gary and Lee of the 21st and many others:
A RESOLUTION
Creating a Metropolitan Youth Study Council for the five (5) county Atlanta Metropolitan Area; and for other purposes.
WHEREAS, the problems and needs of our youth are common to the five county Atlanta Metropolitan Area; and
WHEREAS, the efforts of various public and private groups and organizations devoted to youth development and control of juvenile deliquency in the metropolitan area are pursued with limited coordi nation; and
WHEREAS, such existing efforts to help and serve the youth of our metropolitan community receive inadequate support in the form of funds, materials, supplies, and services from both public and private agencies; and
WHEREAS, there is a need for a thorough study of all matters re lating to the establishment of a children and youth service council, the purpose of which shall be child development and the prevention and control of juvenile delinquency and the coordination of such efforts in the five county Atlanta metropolitan area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Metropolitan Youth Study Council for the five county Atlanta metropolitan area to be composed of ten (10) members of the House of Representatives to be appointed by the Speaker of the House. Said committees shall make a thorough study of all matters relating to the establishment of a metropolitan youth study council devoted to youth development

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3119

and control of juvenile delinquency in the five (5) county Atlanta metropolitan area.

BE IT FURTHER RESOLVED that the members of the Com mittee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Committee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to receive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legislation that may be recommended by the Committee.

HR 439. By Messrs. Ware of the 30th, Dean of the 19th, Wood of the llth, Gignilliat of the 89th and Russell of the 70th:
A RESOLUTION
Authorizing the Defense and Veterans Affairs Committee to func tion after final adjournment of the 1969 Session of the General Assem bly; and for other purposes.
WHEREAS, there is considerable activity in the field of veterans legislation on the State and National levels; and
WHEREAS, the State and Federal agencies administering veterans programs schedule seminars, training classes, service schools and con ferences throughout the year to review legislation and rules and regula tions affecting veterans and veterans benefits; and
WHEREAS, it is the desire of the members of this body to co operate with the State and Federal agencies administering veterans programs and to stay abreast of the developments affecting veterans and veterans benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Defense and Veterans Affairs Com mittee is hereby authorized to function after final adjournment of the 1969 Session of the General Assembly. The committee shall be au thorized to conduct studies of State and Federal laws relating to veterans and to cooperate and meet with State and Federal officials concerning veterans programs and to attend seminars, service schools, and conferences conducted by State and Federal agencies administering veterans programs. The committee shall be authorized to function as a full committee or as subcommittees appointed by the chairman. The

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committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which are necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the com mittee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The com mittee shall make a report of its findings, recommendations and sug gestions for proposed legislation, if any, to the 1970 Session of the General Assembly, at which time the authority granted by this resolu tion to the Defense and Veterans Affairs Committee shall stand re pealed.

HR 110-283. By Messrs. Grahl of the 40th, Miller of the 83rd, Wamble of the 69th, Henderson of the 117th, and Mrs. Hamilton of the 112th:
A RESOLUTION
Adopting the "Report of the Teacher Retirement-Compensation Study Committee", and for other purposes.
WHEREAS, pursuant to House Resolution No. 793 adopted at the 1968 Session, the Teacher Retirement-Compensation Study Committee was created to make a thorough study of the compensation and retire ment benefits and allowances received by the public school teachers of this State; and
WHEREAS, said Committee has completed its study and sub mitted its report to all members of the General Assembly; and
WHEREAS, during its study, said Committee heard testimony from many individuals with special knowledge in the field of teacher com pensation and retirement benefits; and
WHEREAS, based on its findings and conclusions, said Committee made important recommendations which, if fully implemented, would contribute to the betterment of public education in our State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the "Report of the Teacher RetirementCompensation Study Committee" is hereby adopted in its entirety, and it is urged that the recommendations contained therein be fully im plemented as soon as practicable.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this resolution to each member of the State Board of Education and to Honorable Jack P. Nix, State Superintendent of Schools.

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3121

HE 451. By Messrs. Hutchinson of the 61st and Parker of the 44th:

A RESOLUTION

Creating a Committee to Study House Bill No. 35, relating ta allotments of teachers to local units of administration; and for other purposes.

WHEREAS, House Bill No. 35 seeks to require a pupil-teacher ratio of one teacher per each 18 students in the first grades of the schools of Georgia; and

WHEREAS, although the merits of the bill are beyond dispute, there appears to be a shortage of necessary funds with which to imple ment the provisions of House Bill No. 35; and

WHEREAS, it would be an excellent use of legislators' time and energies if an interim committee were to study the fiscal effects of House Bill No. 35, and to propose the ways and means by which it can be implemented.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Committee to Study House Bill No. 35" which shall be composed of five members of the House, chosen by the Speaker.

The Committee shall study the fiscal requirements of House Bill No. 35, and such other areas found to be needed or desirable, to see how the bill can be implemented once its provisions are enacted into law.

The Committee shall prepare a report of its findings and recom mendations which shall be submitted to the Clerk of the House for printing on or before December 15, 1969, at which time the Committee shall stand abolished.

The members of the Committee shall receive the expenses and al lowances authorized to members of interim legislative committees, but for no longer than ten days.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

HR 467. By Messrs. Brown of the 110th, Alexander of the 108th, Daugherty of the 109th, Hill of the 94th, Horton and Hawes of the 95th:
A RESOLUTION
Creating the History of the American Negro Study Committee; and for other purposes.

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WHEREAS, the role and contributions of the American Negro in the history of the United States and Georgia have been distorted or excluded, or both, in teaching Georgia and American history and other subjects in the public schools of this State; and
WHEREAS, such distortions or exclusions, or both, have led to grievous misconceptions, encouraged and perpetuated racial prejudices and seriously handicapped generations of white children by sending them into adult life with unrealistic, inaccurate, uncharitable, irresponsible and even hostile attitudes toward a substantial minority of their fellow human beings; and
WHEREAS, such distortions or exclusions, or both, have prepetrated a crime on generations of black school children by sending them into adult life questioning their worth, their dignity, and even their humanity; and
WHEREAS, the educational process should teach the facts of history rather than distort history; it should defeat prejudices rather than encourage and perpetuate them; it should lead to understanding and tolerance rather than to misunderstanding and intolerance; and it should lead to a future world of enlightenment, compassion and justice rather than tie us to a past of ignorance, fear, hostility and injustice.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the History of the American Negro Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall be authorized to study all matters relating to the advisability of requiring that objective instruction in the role and contributions of the American Negro in the history of the United States and Georgia be provided in the public schools of this State.
BE IT FURTHER RESOLVED that the members of the Com mittee shall be authorized to meet for not more than 10 days in order for the Committee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be author ized to receive the expenses and allowances provided by law for mem bers of legislative interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1970, on which date the Committee shall stand abolished. Such report may be accomplished by any proposed legislation that may be recommended by the Committee.

HR 468. By Messrs. Collins of the 72nd, Dodson of the 82nd, Townsend of the 115th and Westlake of the 75th:

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3123

A RESOLUTION

Commending Mr. Jim Bailey; and for other purposes.

WHEREAS, Mr. Jim Bailey, Senior at Emory University, has been extremely helpful to the members of the Republican delegation duringthe 1969 Session of the General Assembly; and

WHEREAS, as a legislative aide to the General Assembly, he has displayed a keen interest in the General Assembly; and

WHEREAS, he has researched numerous bills and advised the members of the Republican delegation of their import and performed countless other services for the delegation which the members themselves were unable to do because of other legislative duties; and

WHEREAS, it is the desire of the Republican delegation to recog nize him for the outstanding job he has done for the delegation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Jim Bailey for the contributions he has made to the Republican delegation during the 1969 Session of the General Assembly and for his interest and desire to become involved in the operation of the legislative process of State Government.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropri ate copy of this resolution to Mr. Jim Bailey.

HR 469. By Messrs. Collins of the 62nd, Lowrey of the 9th, Reaves of the 71st, Russell of the 70th, Smith of the 43rd and Conger of the 68th:
A RESOLUTION
Commending and thanking the Georgia Poultry Federation, the Extension Service of the University of Georgia, the Georgia 4-H Club and the Georgia Soft Drinks Association; and for other purposes.
WHEREAS, on Tuesday, March 25, 1969, the Georgia Poultry Fed eration, the Extension Service of the University of Georgia, the Geor gia 4-H Club and the Georgia Soft Drinks Association combined their efforts to furnish, prepare and serve chicken dinners and soft drinks tothe members of the General Assembly; and
WHEREAS, the members of the General Assembly realize that the poultry industry is one of the most important business enterprises in the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Georgia

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Poultry Federation for its outstanding accomplishments and achieve ments on behalf of the poultry industry in this State and does hereby extend its appreciation to the Georgia Poultry Federation, the Extension Service of the University of Georgia, and the Georgia 4-H Club for furnishing, preparing and serving chicken dinners to the members of the General Assembly of Georgia, and to the Georgia Soft Drinks Association for furnishing soft drinks for this occasion.

BE IT FURTHER RESOLVED that appreciation is hereby ex tended to Mr. Henry Massey, head of the Extension Poultry Science Department of the University of Georgia, who served as Chief Cook for this most worthwhile project.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the President of Georgia Poultry Fed eration; to the Director of the Extension Service of the University of Georgia; to the President of the Georgia 4-H Club; to Mr. Henry Massey; and to the President of the Georgia Soft Drinks Association.

:HR 470. By Mr. Farmer of the 16th:
A RESOLUTION
Commending the girls in the front office of the Clerk of the House of Representatives; and for other purposes.
WHEREAS, the girls in the front office of the Clerk of the House of Representatives have once again rendered outstanding service to the members of this body; and
WHEREAS, all the members of this body are most appreciative for their many acts of thoughtfulness and kindness during this 1969 Session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to Georgette Cochran, Janette Hirsch, Carolyn Norris, Hilda Speaks and Amelia Smith for their very able and helpful assistance to the members of the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the above-named persons.

HR 471. By Messrs. Floyd, Higginbotham and Westlake of the 75th, Collins and Geisinger of the 72nd and many others:

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3125

A RESOLUTION

Commending Mr. Jeff Loftiss and Mr. Glenn Bottoms; and for other purposes.

WHEREAS, Mr. Jeff Loftiss and Mr. Glenn Bottoms, political sci ence students at Emory University, have been extremely helpful to the members of the DeKalb County Delegation during the 1969 Session of the General Assembly; and

WHEREAS, both of these young men have displayed a keen inter est in the operation of the General Assembly by attending college and working as legislative aides; and

WHEREAS, these young men have researched numerous bills and advised the members of the DeKalb County Delegation of their import and performed countless other services for the delegation which the members themselves were unable to do because of other legislative duties; and

WHEREAS, it is the desire of the members of this body to recog nize these two talented students of government for the outstanding job they have done for the DeKalb County Delegation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Jeff Loftiss and Mr. Glenn Bottoms for the contributions they have made to the DeKalb County Delegation during the 1969 Session of the General Assembly and for their interest and desire to become involved in the operation of legislative process of State Government.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. Jeff Loftiss and Mr. Glenn Bottoms.

HR 472. By Mr. Lewis of the 37th:
A RESOLUTION
Commending the Honorable William E. Birdsong; and for other purposes.
WHEREAS, the Honorable William E. Birdsong, official photog rapher to the Governor and the General Assembly of Georgia, known as "Birdie Boo" to his friends, is a master of the photographer's art; and
WHEREAS, the Honorable William E. Birdsong has worked long and tirelessly to capture the members of this Body, and their favored constituents, on film, and his work products have always portrayed his subjects most favorably; and

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WHEREAS, it is only fitting and proper that the Honorable gentle man be commended for his most outstanding talents and abilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable William E. Birdsong for his outstanding photographs.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable William E. Birdsong, State Capitol.

HR 473. By Messrs. Dean of the 76th, Thomason, Farrar and Harris of the 77th, Davis of the 75th and Morris of the 73rd:
A RESOLUTION
Commending Mrs. Eliza Brown; and for other purposes.
WHEREAS, Mrs. Eliza Brown of the Edgewood Community in DeKalb County has made many contributions to such community in order to make it a better place in which to live; and
WHEREAS, she has participated in almost all civic affairs carried on in the community and has been particularly helpful in providing wholesome activities for the young people; and
WHEREAS, due to her efforts and the efforts of many other citi zens of the Edgewood Community, their community is a better place in which to live and to rear their children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mrs. Eliza Brown for her efforts on behalf of making the Edgewood Community a better place in which to live.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to trasmit an appropriate copy of this Resolution to Mrs. Eliza Brown.

HR 474. By Messrs. Bohannon and Patterson of the 20th, Knowles of the 22nd, Phillips of the 38th, Wheeler of the 57th and many others.
A RESOLUTION
Commending the leadership of the House and Clerk of the House; and for other purposes.
WHEREAS, a substantial number of the members of the House of Representatives are serving in their freshman term; and

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3127

WHEREAS, the veteran members of the House who are in positions of leadership and the Clerk of the House have been particularly helpful to the freshmen members; and

WHEREAS, through their leadership and assistance, the freshmen members have become more able legislators.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Speaker of the House, Geo. L. Smith II; Speaker Pro Tern, Maddox J. Hale; Majority Leader, George D. Busbee; Minority Leader, Carr G. Dodson; Administrative Floor Leader, Thomas B. Murphy; the Clerk of the House, Glenn W. "Jack" Ellard; and the officers of the various House standing committees.

BE IT FURTHER RESOLVED that the clerk of the House is authorized and directed to transmit an appropriate copy of this Resolu tion to the above-named persons.

HR 475. By Messrs. Lewis of the 37th, Smith of the 43rd, McCracken of the 36th, Pickard and Keyton of the 70th and Wamble of the 69th:
A RESOLUTION
Commending the Honorable Glenn S. Phillips; and for other purposes.
WHEREAS, our distinguished colleague from Post 1 of the 29th District, Honorable Glenn S. Phillips, is one of the most able, popular and effective members of the House of Representatives; and
WHEREAS, he is a native of Columbia County and is one of the most outstanding and respected members of his community; and
WHEREAS, he has served in the House of Representatives for many years and also served as a State Senator, Revenue Commissioner, Ordinary of Columbia County, Mayor of the City of Harlem and Chair man of the Board of Trustees of the Harlem School District; and
WHEREAS, he serves with great ability, honor and distinction as Chairman of the Interstate Cooperation Committee and as a member of the Appropriations and Rules committees; and
WHEREAS, the people of this community and the State of Georgia recognize him as one of our State's most dedicated public servants.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable Glenn S. Phillips, our distinguished colleague from Post 1 of the 29th District, for his many years of outstanding service to the people of the State of Georgia.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this resolution to Honorable Glenn S. Phillips.

HR 476. By Messrs. Ellis of the 91st, Jones of the 87th, Funk of the 92nd, Battle of the 90th, Hill of the 94th, Whaley of the 93rd, Gaynor of the 88th and Gignilliat of the 89th:
A RESOLUTION
Commending the City of Savannah and its residents; and for other purposes.
WHEREAS, Look Magazine, and The National Municipal League, a nationwide public service organization, has named the City of Savan nah as one of eleven All American Cities in the United States, a magnifi cent honor to a marvelous city; and
WHEREAS, the recognition was due to the spirit and public con sciousness of the residents of Savannah, most of whom took it upon them selves to clean-up, paint-up and fix-up the historical city, and to make it a most attractive and worthwhile place to live and visit; and
WHEREAS, the City Fathers of Savannah have successfully imple mented a program designed to preserve the historical attributes of the city, and yet to provide a clean, wholesome and modern environment for the inhabitants; and
WHEREAS, it is only fitting and proper that the City Fathers and residents of the City of Savannah be congratulated for the honor be stowed upon them by Look Magazine and the National Municipal League, and that the residents of the city who contributed their talents and time be commended for their public spiritedness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby congratulates the City Fathers and residents of the City of Savannah for being honored by Look Magazine and the National Municipal League, and, further, this Body proudly commends the residents who so ably turned the city into a wholesome and modern place to live.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Mayor and Council of the City of Savannah.

HR 477. By Mr. Jones of the 59th:
A RESOLUTION
Creating the Oceanographic Study Committee; and for other pur poses.

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3129

WHEREAS, government oriented oceanographic scientific develop ments are on the threshold of a new frontier of science; and

WHEREAS, the coastal regions of this State provide an ideal natu ral environment for the development of oceanographic studies; and

WHEREAS, it is the obligation of the General Assembly to keep abreast of developments in this new scientific arena.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Oceanographic Study Committee to be composed of eight members of the House to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the area of oceanographic activity and devel opments. The Committee shall be authorized to meet for a period not in excess of ten days. The Committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative study committees.

HR 478. By Messrs. Gary of the 21st, Hawes, Cook and Felton of the 95th and McClatchey of the 113th:
A RESOLUTION
Commending the Honorable Abe Goldstein; and for other purposes.
WHEREAS, we in the State of Georgia are privileged to have living with us the Honorable Abe Goldstein, a gentleman who has been advisor to Presidents, United States Senators, Governors, members of the Gen eral Assembly of Georgia and to officials of the City of Atlanta; and
WHEREAS, this honorable gentleman, since his birth in Atlanta on August 28, 1898, has distinguished himself by accomplishing the follow ing : he is an Honorary President of Atlanta Jewish Home for Aged; he is an Honorary President of Gate City Lodge of B'nai B'rith; he is an Honorary Member of Alpha Epsilon Pi; he is an Honorary Life Com missioner of National A.D.L.; he is an Honorary Life Member of Junior Chamber of Commerce; he is a Life Member of Elks (B.P.O.E.) ; he received the "Man of the Year" Distinguished Service Award from B'nai B'rith; he received the "Eternal Light" Award from the Jewish Theological Seminary of America, where he serves on the Board of Overseers; he received Israel's "Bond Award"; he received "Man of the Year" Award from Jewish War Veterans; he is the President of the Atlanta Jewish Welfare Federation; he is the President of the Atlanta Tire Dealers; he is Vice-President of the Jewish Children's Service; he is a past President of the A. A. Synagogue, where he served for two 2-year terms; he is past President of the Jewish Community Council; he was honored by the National Conference of Christians & Jews for Brotherhood Award; and he has served as a member of the Governor's Staff under the past three governors; and

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WHEREAS, his lovely wife, Rubye Eplan Goldstein, is one of the reasons for the Honorable Abe Goldstein's many marvelous achieve ments; and

WHEREAS, it is only fitting and proper that the members of this Body commend the Honorable Abe Goldstein for his magnificent accom plishments.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body hereby commends the Honorable Abe Goldstein for his magnificent accomplishments throughout his life.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Abe Goldstein.

HR 479. By Messrs. Lewis of the 37th, Smith of the 43rd, Phillips of the 29th and others:
A RESOLUTION
Commending Honorable J. Roy McCracken; and for other purposes.
WHEREAS, our distinguished colleague from the 36th District, Honorable J. Roy McCracken, is one of the most able and respected mem bers of the House of Representatives, whose wise counsel is sought and heeded by many members of both the House and Senate; and
WHEREAS, his many year's service as a member of the House of Representatives and great ability make him one of the most knowledge able people in the State of Georgia in governmental affairs; and
WHEREAS, he serves with great ability, fairness and distinction as Chairman of the State of the Republic Committee which considers some of the most important bills introduced at each session of the General Assembly; and
WHEREAS, he also serves on the Insurance, Interstate Cooperation and Rules Committees, and his vast knowledge and experience are of great value and assistance to all members of said Committees; and
WHEREAS, he is known throughout the State of Georgia and is held in the highest esteem by all who know him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable J. Roy McCracken, our distinguished colleague from the 36th District, for his many years of outstanding service to the people of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable J. Roy McCracken.

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3131

HR 481. By Mr. Connell of the 79th:

A RESOLUTION

Commending certain persons for rendering outstanding public serv ice during the 1968 primary and election campaigns; and for other purposes.

WHEREAS, during the primary and election campaigns of 1968, Rev. C. H. Boddy and Messrs. Henry Brooks, John Swint, L. B. Wallace, John Watkins, Wesley Watkins, and John Zeigler, all of Augusta, Geor gia, rendered an outstanding public service by taking an active part in the campaigns to make it clear that many false and misleading state ments had been made concerning certain candidates; and

WHEREAS, these public spirited gentlemen appeared on a local radio station for the purpose of setting the record straight on behalf of a candidate for the House of Representatives who was successful in his race; and

WHEREAS, they demonstrated great courage under difficult cir cumstances and worked tirelessly in their efforts to make sure that the people were not misled and misinformed when the time came to cast their votes.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Rev. C. H. Boddy and Messrs. Henry Brooks, John Swint, L. B. Wallace, John Watkins, Wesley Watkins, and John Zeigler for rendering an outstanding public service during the 1968 primary and election campaigns.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy to each of the gentlemen named in this Resolution.

HR 486. By Mr. Jones of the 59th:
A RESOLUTION
Creating a committee to study the efficient and economical opera tion of the various departments of State government; and for other purposes.
WHEREAS, it has been brought to the attention of various mem bers of the General Assembly that certain departments of State govern ment could reduce expenditures without hampering the operations of such departments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to

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study the Economical and Efficient Operation of the Departments of State Government. The committee shall be composed of three members of the House of Representatives chosen by the Speaker of the House. The committee shall make an exhaustive and comprehensive study into the operation of the various departments of State government and into the means by which such departments can operate more efficiently and economically. All departments of State government shall make available to the committee their records, statistics and other information upon request of the committee and shall render any assistance to the commit tee that is necessary or convenient to fulfill the purposes of this Resolu tion. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accom plish the objectives and purposes of this Resolution. Each member of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees but shall receive the same for no more than twenty days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or avail able to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.

HR 487. By Messrs. Collins of the 62nd and Lowrey of the 9th:
A RESOLUTION
Commending the Georgia Milk Producers Association; and for other purposes.
WHEREAS, the members of the General Assembly have been pro vided with ample quantities of sweet milk, chocolate milk and butter milk throughout the 1969 Session, due to the kindness and thoughtfulness of the Georgia Milk Producers Association; and
WHEREAS, the men most responsible for this kindness are the Honorable Rudolph Clark, President, and the Honorable Bill St. John, Manager; and
WHEREAS, were it not for these honorable gentlemen, the mem bers of the General Assembly would have forgone their respective mini mum daily requirements of Vitamin D, and would not have been so willing and able to carry out the legislative responsibilities required of them; and
WHEREAS, it is with great pleasure that the members of this Body commend and thank the Georgia Milk Producers Association for the kindness the Association has rendered.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and thanks the Georgia Milk Producers Association, particularly the two above-named gentlemen, for enabling the milk cups of the members to runneth over.

WEDNESDAY, MARCH 26, 1969

3133

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Rudolph Clark and the Honorable Bill St. John.

HR 489. By Messrs. Smith of the 43rd, Matthews of the 16th, Brooks of the 17th and others:
A RESOLUTION
Wishing Dr. O. C. Aderhold a speedy recovery; and lor other purposes.
WHEREAS, the members of this body have been deeply moved by the news that Dr. 0. C. Aderhold, the renowned educator and former President of the University of Georgia, is ill in Emory University Hos pital; and
WHEREAS, it is the wish and desire of this body to express to Dr. O. C. Aderhold their concern for his physical well-being; and
WHEREAS, Dr. 0. C. Aderhold is recognized as one of this nation's most distinguished educators and outstanding administrators; and
WHEREAS, during Dr. Aderhold's administration, the University of Georgia experienced an unprecedented period of growth in enrollment and expansion of capital improvements and facilities; and
WHEREAS, under Dr. Aderhold's guidance, the University of Georgia rose to a position in which it now enjoys a national reputation as being one of this nation's most renowned institutions of higher learning; and
WHEREAS, Dr. Aderhold has accumulated a truly remarkable record of personal accomplishments and achievements, a few of which are his many professional activities and achievements including the pres idency of the Georgia Education Association, membership in the im portant Educational Policies Commission of the National Education Association and the Executive Committees of the American Association of Land-Grant Colleges and State Universities and of the National Association of State Universities; membership on the Executive Com mittees of the National Commission on Accrediting, and the Southern Regional Education Board. He has served as president of the South eastern Conference and of the Southern Association of Land-Grant Col leges and State Universities, as well as the Southern Conference of Uni versities. He has been a member of the Georgia Science and Technology Commission and is a member of the Board of Directors of the Citizens & Southern National Bank of Athens, the Georgia Baptist Education Commission, and the American Council on Education; and
WHEREAS, there has always existed between this body and Dr. Aderhold a deep, mutual respect and a unique and unparalleled sense of .comradeship and fellowship; and

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WHEREAS, during his illness, Dr. Aderhold's many friends and acquaintances and the members of this body will be deprived of his valued counsel, guidance and advice.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the illness of Dr. 0. C. Aderhold and does hereby wish for him a speedy, full and complete recovery so that he might return to the active and full life to which he is so accustomed.

BE IT FURTHER RESOLVED that the Clerk of the House of Reprepresentatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Dr. O. C. Aderhold.

HR 490. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Rockmart High School Boys Basketball Team; and for other purposes.
WHEREAS, the Rockmart High School Boys Basketball Team won the Region 3-A Championship and advanced to the semi-finals in the State playoffs; and
WHEREAS, the team compiled an overall record of 21 wins and 7 losses during the 1968-69 season; and
WHEREAS, the team is ably coached by Coach Joe Maddox and Assistant Coach Charlie Harris; and
WHEREAS, the members of the team are as follows:
Robert Garner, Keith Taylor, Douglas Surge, Willie Nixon, Jack Nolan, Aaron Nix, Lee Simkins, Wayne Mitchell, Tony Wood, James Atkins, Butch Culver and managers Wayne Jones and David Burkhalter; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, the 1968-69 Rockmart High School Boys Basketball Team has demonstrated to the people of this State a fine competitive spirit and the highest principles of sportsmanship and athletic ability.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and extend its sincerest congratulations to Coach Joe Maddox and Assistant Coach Charlie Harris and to each and every member of the 1968-69 Rockmart High School Boys Basketball Team for their successful season and for winning the Region 3-A title.

WEDNESDAY, MARCH 26, 1969

3135

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Coach Joe Maddox and Assistant Coach Charlie Harris and to the Principal of Rockmart High School and to each member of the the 1968-69 Rockmart High School Boys Basketball Team.

HR 491. By Messrs. Lane of the 101st, Shepherd of the 107th, Adams of the 100th and others:
A RESOLUTION
Expressing appreciation to the Postmaster and Assistant Post master; and for other purposes.
WHEREAS, the Postmaster and Assistant Postmaster have once again rendered outstanding service to the members of this body, while at the same time they have diligently pursued courses of study; and
WHEREAS, the Postmaster will soon be awarded the degree of Master of Public Administration by the University of Georgia and the Assistant Postmaster will be awarded the degree of Bachelor of Arts in Political Science.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest commendation is hereby expressed by this body to Mr. James Bryson Gulp, Postmaster; and to Mr. Bayard Macintosh Irwin, Assistant Postmaster for their academic diligence and for the outstanding service they have rendered during this session.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this resolution to Mr. James Bryson Gulp and Mr. Bayard Macintosh Irwin.

HR 492. By Messrs. Miles of the 79th, DeLong and Sherman of the 80th and others:
A RESOLUTION
Expressing appreciation to the Augusta Herald; and for other purposes.
WHEREAS, the Augusta Herald is one the most outstanding inde pendent newspapers in the State of Georgia; and
WHEREAS, the management of said newspaper has generously supplied each member of the General Assembly with a copy of said news paper each morning during the Session; and

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WHEREAS, the excellent coverage of said newspaper has been invaluable in keeping the members of the General Assembly informed on national, State, and local current events.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincere appreciation to Mr. William S. Morris, III, President and Publisher; Mr. Beverly R. Carter, Vice President and General Manager; and Mr. Louis C. Harris, Vice President and Executive Editor, for supplying the mem bers of this body with daliy copies of said newspaper.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. William S. Morris, III, Mr. Beverly R. Carter, and Mr. Louis C. Harris.

HR 493. By Mr. Jordan of the 55th:
A RESOLUTION
WHEREAS, Douglas-Coffee County High School football team played 10 games during the 1968 football season; and
WHEREAS, the score board would indicate this magnificent team lost 10 games; and
WHEREAS, Jackie Bailey, junior quarterback for said team was a moving and continuing inspiration to his team mates, all to the extent that this honorable young Christian gentleman was voted by his team mates as giving and producing a 110 percent effort on the football field during the football season of 1968; and
WHEREAS, because of this outstanding feat which was recognized and acknowledged by those who know him best, the author of this reso lution desires that one and all know that a team that has as one of its members a young man such as Jackie Bailey could never, in fact, have had a losing season. Quite the contrary, such a team mate produces a winning team, for by his ability and in truth and in fact WHEN THE GOING GETS TOUGH, THE TOUGH GET GOING. This exemplifies Jackie Bailey; and
WHEREAS, the Representative of Coffee County, on behalf of all the citizens of said county, takes pride in paying tribute and honor to Jackie Bailey, his parents, coaches and team mates; and
WHEREAS, the author of this resolution takes pride and is, in fact, grateful for the privilege of representing men such as Jackie Bailey in the General Assembly of Georgia. His sportsmanhip demonstrated both, on and off the football field reflects great credit upon himself and brings honor to Coffee County.

WEDNESDAY, MARCH 26, 1969

3137

HE 494. By Messrs. Smith of the 43rd, Knapp of the 81st, Westlake of the 78th, Simkins of the 78th and many, many others:

A RESOLUTION

Wishing- General Dwight D. Eisenhower a speedy recovery; and for other purposes.

WHEREAS, the members of the House of Representatives are greatly distressed by the illness of General Eisenhower; and

WHEREAS, General Eisenhower is recognized throughout the world as one of the greatest living statesmen of his nation; and

WHEREAS, during General Eisenhower's long public service, and even after his retirement therefrom, his advice and valued counsel have been sought and adhered to by many heads of governments throughout the world; and

WHEREAS, it is the wish of this body that General Eisenhower experience a rapid and full recovery in order that this country might again draw upon his vast reservoir of sound judgment and remarkable ability in national and international affairs.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their profound sorrow that General Eisenhower is seriously ill and wish him a speedy and complete recovery and express their sincere hope that he will be able to resume the full and active life to which he is accus tomed.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropriate copy of this Resolution to General Dwight D. Eisenhower.

HR 495. By Mr. Jordan of the 55th:
A RESOLUTION
WHEREAS, for over 30 years the common jail of Coffee County had no facilities for furnishing hot water and other related sanitary facilities for the men, women and children confined therein; and
WHEREAS, the author of this resolution knows that the True Spirit of Christmas was made manifest on December 25, 1968. This manifesta tion was made feasible and considered by the author of this resolution a Divine Miracle.
The deplorable conditions of the common jail of Coffee County were corrected on this date and a few days preceding in a marvelous and wonderful manner.

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A. A hot water heater was installed.

B. Hot water lines were run to all cells where none had existed for some 30 years.

C. Shower curtains were installed in all cells.

D. Sanitary packages were provided in number of 25; such pack ages meeting and in fact exceeding the requirements set by the standards of the Coffee General Hospital.

E. Altars were installed in each cell.

P. Bibles and framed holy pictures were also provided for each cell.

G. The interior of the jail was cleaned and painted.

H. Privacy and sanitary equipment and facilities were provided for the cells occupied by the women.

All of this was made possible by hard work and sacrifice of many wonderful people.

These wonderful and marvelous improvements could not have been made without the direct and divine intervention of the Holy Ghost whose presence was felt and made manifest when the impossible became pos sible. The caretakers of the common jail of Coffee County witnessed and testify that since the intervention and visitation of the Holy Ghost in this undertaking many who have been confined since have found hope where there was no hope. Bitterness has diminished. Hearts have been softened and souls have been saved.

WHEREAS, the author of this Resolution, as do all those who made the impossible possible, knows that all who helped, prayed, worked and sacrificed in this undertaking have already had their deeds, names and contributions recorded in the Lamb's Book of Life; and

WHEREAS, the author of this resolution desires that not only the citizens of Coffee County be made aware of this miracle that occurred in their midst but also the citizens of the entire State of Georgia.

The improvements described herein were accomplished without the expenditure of one cent from the county treasury of Coffee County; and

WHEREAS, the author of this resolution is grateful and gives thanks unto the Lord for the privilege of representing the people described above who gave hope to the hopeless and can in truth and spirit answer "as I am my brother's keeper".

Glory be to God the Father, the Son and the Holy Ghost. Amen.

WEDNESDAY, MARCH 26, 1969

3139

HK 496. By Messrs. Brooks of the 17th, Wamble of the 69th, Parker of the 44th, Ballard of the 23rd and Jordan of the 74th:

A RESOLUTION

Creating the Committee to Study the Feasibility of Transferring Certain Duties of the State Auditor to the State Revenue Commissioner; and for other purposes.

WHEREAS, present law requires the State Auditor to spot check the equalized school property tax digests of the various counties for the purpose of determining the amount of funds to be distributed to counties pursuant to the Minimum Foundation Program of Education Act; and

WHEREAS, the State Auditor has contracted this responsibility out of the auditing firm of Cole, Layer & Trumble at an annual cost of $200,000 to the taxpayers of Georgia; and

WHEREAS, the said firm performed an incorrect audit, costing the taxpayers a sum in excess of $150,000; and

WHEREAS, the State Revenue Commissioner is required by law to perform the same duties as have been assigned to the State Auditor, thus causing much duplication and waste of taxpayers' monies; and

WHEREAS, many members of the General Assembly are of the view that the duties assigned to the State Auditor concerning the abovementioned audits should be removed and placed under the sole jurisdic tion of the State Revenue Commissioner; and

WHEREAS, it would be a most worthwhile use of legislators' time and energies if a study were made to determine the feasibility of such a move.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to Study the Feasibility of Transferring Certain Functions of the State Auditor to the State Revenue Commissioner, to be composed of five members of the House chosen by the Speaker.

The Committee shall have the duty to study the above-described problem to see how the situation can be resolved.

The members of the Committee shall receive the expenses and allow ances authorized to legislative members of interim study committees, but for no longer than 20 days.

The Committee shall prepare a report of its findings and recom mendations and shall submit same to the Clerk of the House for printing, on or before December 15, 1969, at which time the Committee shall stand abolished.

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All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of State Government.

HR 497. By Messrs. Sims of the 106th, Floyd of the 7th, Higginbotham of the 75th, Smith of the 43rd and many, many others:
A RESOLUTION
Congratulating and commending the Honorable J. Roy McCracken; and for other purposes.
WHEREAS, the Honorable J. Roy McCracken, one of the most highly respected and admired members of this Body, will have completed his thirty-fifth consecutive year as a member of this House, on Wednes day, March 26, 1969, when the Speaker bangs his gavel and announces final adjournment of the 1969 session; and
WHEREAS, known to his friends as "Judge", the Honorable J. Roy McCracken, has dignified this House by his gentlemanly ways and logical persistence toward good and better legislation; and
WHEREAS, it has been an honor for the members of this House to have served with this marvelous man.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby congratulates the Honor able J. Roy McCracken on his thirty-fifth anniversary as a member of the Georgia House of Representatives, and, further, commends him for being an enlightened gentleman in all his ways.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Honorable J. Roy McCracken.

HR 498. By Messrs. Edwards of the 45th, Morris of the 73rd, Dailey of the 53rd, Wheeler of the 18th and many, many others:
A RESOLUTION
Urging Representative Rodney Cook to offer for the office of mayor of the City of Atlanta; and for other purposes.
WHEREAS, the City of Atlanta is an important and integral part of the State and contributes considerably to Georgia's progress; and
WHEREAS, the State of Georgia is proud of the growth and renown of Atlanta; and

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3141

WHEREAS, the Georgia House of Representatives wishes to voice its approval of and desire for Atlanta's future growth and prosperity and recognizes that it is important for the State and for the city to have a good, harmonious relationship in order to foster the growth of both. We feel that such a relationship can best be achieved if the next mayor of Atlanta is one who has served in both city and State government, one who can work with the State government and the General Assembly and who can forcefully be an advocate of his city's needs, while at the same time being fully aware of the problems facing all of us. Such a man now serves in the General Assembly representing Atlanta's home county with honor and distinction.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge that Representa tive Rodney Cook give careful consideration toward becoming a candi date for mayor of Atlanta in the 1969 nonpartisan election and recom mend his election to the people of Atlanta.

The following Resolutions of the House were read and referred to the committees:

HR 480. By Messrs. Marcus of the 105th and Jones of the 87th:
A RESOLUTION
Creating a committee to investigate the traffic of drugs in the vari ous high schools throughout the State; and for other purposes.
WHEREAS, there are reports from creditable persons throughout the State which indicate strongly that the high schools are becoming breeding grounds for drug addiction; and
WHEREAS, it would be a most worthwhile service to the future of Georgia to investigate and determine whether or not drugs are freely flowing in and around the high schools of the State, and, if the investi gation reveals that there are, to propose a method and means by which these harmful and hazardous goings-on can be eliminated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study drug traffic in high schools. The committee shall be composed of such members of the House of Representatives that are chosen by the Speaker of the House. The committee shall be authorized to study all aspects of the problem of drug traffic in high schools and all matters relating thereto, including studying the problem from its origin to ultimate addiction to drugs. All departments of State government shall make available to the committee their records, statistics and other informa tion upon request of the committee and shall render any assistance to the committee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all

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other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, per form its duties and accomplish the objectives and purposes of this Reso lution. Each member of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than the number of days as deter mined by the Speaker. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.
Referred to the Committee on State of Republic.

HR 482. By Mr. Gary of the 21st and Mrs. Merritt of the 46th:
A RESOLUTION
Creating an interim study committee for the purpose of promoting tourism in the State of Georgia; and for other purposes.
WHEREAS, the State of Georgia is endeavoring by every practical means to promote tourism and locate industry in the State of Georgia; and
WHEREAS, a similar committee last year found that tourist and travel related industries were responsible for bringing into the State Treasury almost forty (40) million dollars in revenue which is a return of approximately one hundred dollars for every dollar expended by the State; and
WHEREAS, efforts should be expended to attract even more tour ists to Georgia because in no other area does the State get such a high return on its investment; and
WHEREAS, Georgia has more undeveloped sites of interest which are easily accessible to tourists passing through the State than any of her sister States; and
WHEREAS, many national organizations, associations and other groups annually hold meetings and conventions which are nationwide in scope in States other than Georgia at which the delegates and visitors to these meetings spend many millions of dollars annually in the State and cities where such conventions are held; and
WHEREAS, the intersection of major Interstate highways, rail roads and airline routes in the State make Georgia an ideal location to hold such meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of seven (7) members of the House to be

WEDNESDAY, MARCH 26, 1969

3143

appointed by the Speaker for the purpose of studying the part the State can take in promoting and developing the tourist industry and encour aging the holding of national meetings and conventions in the State of Georgia.

BE IT FURTHER RESOLVED that the members of the Committee shall receive the expenses and travel allowances authorized by legislative members of interim legislative committees for not more than ten (10) days. The members of the Committee shall receive such expenses and allowances from the funds appropriated or available to the Legislative Branch of government. The Committee shall be authorized to employ, upon consent of the Speaker, such assistance and reports or surveys as they deem necessary to carry out the purposes of this Resolution. Any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or available to the Legislative Branch of government. Said Committee or members thereof shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said Committee, to the 1970 Session of the General Assembly of Georgia, and upon the convening of the 1970 Session of the General Assembly of Georgia, said Committee shall stand abolished.
Referred to Committee on Industry.

HR 483. By Mrs. Merritt of the 46th and Messrs. Cato of the 68th, Graves of the 9th and Wheeler of the 57th:
A RESOLUTION
Creating the Committee to Study Consumer Advertising; and for other purposes.
WHEREAS, the newspapers of Georgia daily advertise such items as "free wigs for women", and, in fact, there is a substantial charge for styling the said wigs, which charge greatly exceeds the value of any such service; and
WHEREAS, other advertisements indicate that certain companies will repair roofs and gutters for a nominal fee, and, in fact, the charges are excessive; and
WHEREAS, other advertisements indicate that certain organiza tions will pay high prices for human blood, and, as it turns out, many of these blood banks are conveniently close to establishments which sell alcoholic beverages, and the bulk of the customers of the various blood banks are frequent customers of the establishments selling alcoholic beverages; and
WHEREAS, it would be an excellent use of legislators' time and energies if a study were made to determine a good and effective method for eliminating deceptive advertising, and, in addition, to determine a method for requiring blood banks to do business in areas which are not so near places selling alcoholic beverages.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Committee to Study Consumer Advertising", to be composed of five members of the House chosen by the Speaker.

The members shall receive the expenses and allowances authorized to legislative members of interim study committees, but for no longer than ten days.

The Committee shall prepare a report of its findings, and submit the same to the Clerk of the House for printing, on or before December 1, 1969, at which time the Committee shall stand abolished.

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.
Referred to Committee on Industry.

HR 484. By Messrs. Jones of the 87th and Williams of the llth:
A RESOLUTION
Creating an interim study committee on driver education; and for other purposes.
WHEREAS, an interim study committee on driver education was created at the 1968 Session of the General Assembly; and
WHEREAS, due to the complexity of the subject and 1968 being an election year, this important subject needs further study; and
WHEREAS, a new study committee should be created to complete the important study on driver education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Driver Educa tion Study Committee. The committee shall be composed of such mem bers of the House of Representatives chosen by the Speaker of the House. The committee shall make an exhaustive and comprehensive study into the means by which an effective program of driver education might be devised for the State of Georgia. All departments of State gov ernment shall make available to the committee their records, statistics and other information upon request of the committee and shall render any assistance to the committee that is necessary or convenient to ful fill the purposes of this Resolution. The committee may hold such meet ings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the committee shall receive the allow ances authorized for legislative members of interim legislative commit-

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3145

tees but shall receive the same for no more than the number of days determined by the Speaker. The funds necessary to carry out the pur poses of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time it shall stand abolished.
Referred to the Committee on Motor Vehicles.

HR 485. By Mr. Farmer of the 16th:
A RESOLUTION
Creating a study committee to investigate the procedures used by the Department of Revenue in the ascertainment of all ad valorem tax values which are required to be made by the department; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Ad Valorem Tax Study Committee. The committee shall be composed of such members of the House of Representatives that are chosen by the Speaker of the House. The committee shall be authorized to investigate the procedure used by the Department of Revenue in the ascertainment of all ad valorem tax values which are required to be made by said department. The Department of Revenue shall make available to the committee their records, statistics and other information upon request of the committee and shall render any assistance to the committee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than the number of days determined by the Speaker. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly at which time it shall stand abolished.
Referred to the Committee on Ways and Means.

HR 488. By Messrs. Gary of the 21st, Maxwell of the 78th, Games of the 104th, Miller of the 83rd and Hudson of the 82nd:
A RESOLUTION
Creating an interim committee to examine the methods used by the State to distribute matching funds and State grants; and for other purposes.

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WHEREAS, the State of Georgia distributes millions of dollars each year to local units of government in the form of grants and matching fund monies; and

WHEREAS, these grants and matching fund monies are based upon different formulas; and

WHEREAS, it is the desire of this Body to review these formulas to make certain that these funds are being distributed in a fair and equitable manner.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created a committee to ex amine the methods used by the State to distribute matching funds and State grants. The Committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Committee shall be authorized to investigate the methods being used by any agency of State government to distribute matching fund monies or State grants to local political subdivisions. All agencies of the State government shall make available to the Committee their records, statistics and other information and render any assistance necessary or convenient to fulfill the purposes of this Resolution. The Committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish the objectives of this Resolution. The members of the Committee shall re ceive the allowances authorized for legislative members of interim legis lative committees, but shall receive the same for not more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General As sembly of Georgia at which time it shall stand abolished.
Referred to the Committee on State of Republic.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment to the same:

SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A Bill to be entitled an Act to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, so as to remove the limitation on the number of motor vehicles which may be purchased for use in enforcing the laws, rules, and regulations relating to distilled spirits and alcohol; and for other purposes.
Mr. Paris of the 14th moved that the House recede from its position in amending SB 193.

WEDNESDAY, MARCH 26, 1969

3147

On the motion to recede, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Anderson Barber Bell Berry Black Blalock Brantley, H. L. Brooks Brown, C. Buck Busbee Clarke Cole Collier Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dorminy Evans Farmer
Farrar Floyd, J. H. Floyd, L. R.

Funk Gaynor Grahl Graves Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill, G. Holder Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Lambert Lane, W. J. Lee, W. S. Levitas Lowrey Matthews, C. McClatchey Melton Merritt Morris

Mullinax Murphy Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Pinkston Potts Rainey Rush Scarlett Shepherd Sims Sorrells Thomason Thompson, A. W. Thompson, R. Toles Ware Wheeler, J. A. Williams Wood Wilkerson

Voting in the negative were Messrs. :

Adams Alexander Atherton Ballard Battle Bennett Bohannon Bond Bray Brown, B. D. Burruss Carnes Cato Colwell Conger Connell DeLong

Dent Douglas Edwards Ellis Ezzard Fallin Felton Gary Gignilliat Hill, B. L. Hood Horton Housley Johnson Jones, Herb Keyton Kreeger

Lane, Dick Leonard Lewis Longino Marcus Mauldin Maxwell McCracken McDaniell Miles Milford Miller Moate Moore Northcutt Patterson Phillips, G. S.

3148
Phillips, L. L. Phillips, W. R. Reaves Roach Rowland Russell

JOURNAL OF THE HOUSE,

Scarborough Sherman Simkins Smith, V. T. Sweat Wamble

Whaley Wheeler, Bobby Winkles Simmons

Not voting were Messrs.
Barfield Bostick Bowen Brantley, H. H. Caldwell Gates Chandler Collins, M. Collins, S. Cook Crowe Dixon Dodson Egan

Geisinger Gunter Hadaway Hale Hamilton Harrington Hawes Henderson Higginbotham Howell Knapp Knowles Lee, W. J (Bill) Mason

Matthews, D. R. Nash Pickard Poole Ross Salem Shanahan Smith, J. R. Snow Townsend Vaughn Westlake Wilson Mr. Speaker

On the motion to recede, the ayes were 86, nays 67.

The motion was lost, and the House insisted on its position in amending SB 193.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A Bill to amend an Act authorizing the appointment of an administra tion de bonis non with will annexed upon application of interested per sons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act applicable to cases where an executor has died intestate; and for other purposes.

The Senate had adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

WEDNESDAY, MARCH 26, 1969

3149

HR 139-399. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SR 123. By Senator Hill of the 29th:
A Resolution authorizing the disposal of five separate tracts of land located in Meriwether County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Buck Burruss Caldwell Games Gates Cato Chandler Clarke

Cole Coiling, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Felton Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner

3150
Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mauldin McClatchey McCracken McDaniell 'Melton Merritt Miles

JOURNAL OF THE HOUSE,

Milford Miller Moate Morris Nessmith Northcutt " Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts Rainey Reaves Roach Ross Rush

Russell Salem Scarborough Scarlett Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles
Wood

Not voting were Messrs.:
Berry Bond Brantley, H. H. Brooks Brown, B. D. Busbee Collier Collins, M. Connell DeLong Dent Dixon Farmer Farrar Hale

Hamilton Harris, J. R. Harris, R. W. Henderson Holder Jones, M. Kreeger Levitas Mason Matthews, C. Matthews, D. R. 'Maxwell Moore Mullinax Murphy

Nash Pickard Poole Rowland Shanahan Shepherd Sherman Smith, J. R. Thomason Townsend Vaughn Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 152, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

SB 51. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943, as

WEDNESDAY, MARCH 26, 1969

3151

amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.

An amendment, offered by Mr. Daugherty of the 109th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Buck
Burruss Carnes Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N.

Dickinson Dixon Dodson Dorminy Edwards Ellis Evans Farmer Felton Floyd, J. H. Fioyd, L. R. Funk Gary Gaynor Geisinger Gignilliat
Graves Hadaway Harrington Harrison Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton

Knapp Knowles Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey 'Marcus Mason Matthews, C. Mauldin McClatchey McDanieil Merritt Miles Milford Miller Moate Morris Mullinax Murphy Nessmith Northcutt Nunn Odorn Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Pinkston Potts

3152
Reaves Roach Ross Rush Russell Salem Scarborough Shanahan

JOURNAL OP THE HOUSE,

Shepherd Sims Smith, V. T. Sorrells Sweat Thompson, A. W. Thompson, R. Toles

Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Wood

Those voting in the negative were Messrs.:

Douglas Egan Ezzard

Phillips, W. R. Simmons Wheeler, Bobby

Williams

Those not voting were Messrs.:

Bohannon Bond Brown, B. D. Brown, C. Busbee Caldwell Collier Collins, M. Connell Cook Cooper Dean, J. E. DeLong Dent Fallin Farrar Grahl Gunter

Hale Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Housley Howell Kreeger Lane, W. J. Le vitas Matthews, D. R. Maxwell McCracken Melton Moore

Nash Patterson Phillips, G. S. Pickard Poole Rainey Rowland Scarlett Sherman Simkins Smith, J. R. Snow Thomason Townsend Vaughn Wilson Mr. Speaker

On the passage of the Bill, the ayes were 135, nays 7.

The Bill, having received the requisite constitutional majority, was passed.

SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A Resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that the buildings can effectively be used as fallout shelters; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

WEDNESDAY, MARCH 26, 1969

315a

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis

Evans Ezzard Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Hill, G. Hood Horton Housley Hudson Hutchinson Johnson, B. Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey

Marcus Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Potts Rainey Reaves Roach Ross Rowland Rush Scarborough Scarlett Shanahan Shepherd Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles

3154
Ware Westlake Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Wilkerson Williams

. Winkles Wood

Those not voting were Messrs.:

Bond Bostick Bowen Caldwell Collier Collins, M. Connell DeLong Dent Egan Fallin Farrar Gunter Hamilton

Harris, J. R. Harrison Hill, B. L. Holder Howell Lewis Mason Maxwell Miller Moate Moore Nunn Peterson Pinkston

Poole Russell Salem Sherman Simkins Smith, J. R. Townsend Vaughn Wamble Whaley Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

SR 107. By Senators Smith of the 18th and Adams of the 26th:
A RESOLUTION
Creating the Revenue Bond Study Committee; and for other purposes.
WHEREAS, the 1945 Constitution of Georgia prohibits the State of Georgia from going into debt; and
WHEREAS, in order to finance various capital outlay projects, a large number of public authorities have been created in Georgia for the purpose of issuing revenue bonds; and
WHEREAS, proposals have been made and discussions have been held concerning the possibility of changing the Constitution so that general obligation bonds of the State could be issued and authority type financing be curtailed; and
WHEREAS, the members of this body are in need of financial, legal and technical information relative to such proposals.

WEDNESDAY, MARCH 26, 1969

3155

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that there is hereby created the Revenue Bond Study Committee to be composed of three members of the Senate to be appointed by the President, and three members of the House of Representatives to be appointed by the Speaker. The Committee shall study the present bond financing structure of the State in order to make a determination as to whether it would be feasible and advantageous to the State to provide for the issuance of general obligation bonds and to curtail the issuance of authority type revenue bonds. The Committee shall study all matters related to the primary purpose of its study. The Committee shall consult with persons knowledgeable in the field of bond financing, and is hereby authorized to study the laws of other states relative to this subject and the administration thereof in such states. The members shall receive the allowances authorized for legisla tive members of interim legislative committees but shall receive the same for not more than ten (10) days. The funds necessary to carry out the purpose of this resolution shall come from the funds appro priated to and available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before December 31, 1969, on which date the Committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Berry Black Blalock Bohannon Bond Bowen
Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee

Caldwell Carnes Cates Cato Chandler Cole Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe
Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon

Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett

3156
Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. 'M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas

JOURNAL OF THE HOUSE,

Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Meltonl Merritt Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson
Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard

Pinkston
Potts Rainey Roach Ross Rowland Rush Russell
Salem Scarborough Scarlett Shepherd Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason
Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson Williams Winkles Wood

Those not voting were Messrs. :

Ballard Bennett Bostick Brantley, H. H. Clarke Collier Connell DeLong Dent Fallin

Gunter Hale Hamilton Harris, J. R. Lambert Maxwell McCracken Miles Murphy Poole

Reaves Shanahan Sherman Simkins Smith, J. R. Vaughn Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 26, 1969

3157

SB 231. By Senator Spinks of the 9th:
A Bill to be entitled an Act to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; to repeal a specific law; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as. follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Brantley, H. L. Bray Brooks Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collins Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, N. Dickinson Dixon Dodson Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Hudson,

Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Miles Milford Miller Mo ate Moore Morris Murphy

3158
Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R.

JOURNAL OP THE HOUSE,

Pinkston Rainey Reaves Roach Ross Rowland Rush Salem Scarborough Scarlett Shepherd Simmons Sims Smith, V. T. Snow

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those not voting were Messrs.:

Bond Bostick Bo wen Brantley, H. H. Brown, B. D. Brown, C. Busbee Collier Collins, M. Connell Dean, J. E. DeLong Dent Dorminy

Egan, Ellis Hale Hamilton Harris, J. R. Horton Howell Lambert Maxwell Melton Merritt Mullinax Pickard Poole

Potts Russell Shanahan Sherman Simkins Smith, J. R. Vaughn Wamble Ware Westlake Wilson Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 214. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent in surers, so as to change the circumstances under which a broker may insure with a foreign insurer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 26, 1969

3159

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Brantley, H. L. Bray Brooks Buck Burruss Carnes Gates Cato Chandler Cole Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dickinson Dodson Douglas Edwards Ellis Evans Ezzard Farmer Parrar Felton Floyd, J. H. Funk Gary Gaynor Geisinger

Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, 'M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Miles Milford

Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

3160

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bond Bostick Bowen Brantley, H. H. Brown, B. D. Brown, C. Busbee Caldwell Clarke Collier Coiling, M. Connell Dean, J. E. DeLong

Dent Dixon Dorminy Egan Fallin Floyd, J. R. Hale Hamilton Harris, J. R. Horton Howell Lambert Maxwell Melton

Merritt Pafford Phillips, W. R. Pickard Poole Shanahan Sherman Simkins Smith, J. R. Thompson, A. W. Townsend Vaughn Wilson Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 54. By Senators Smalley of the 28th and Stephens of the 36th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a Sheriffs' Retirement Fund of Georgia; and for other purposes.", approved April 17, 1963 (Ga. L. 1963, p. 630), so as to permit newly elected sheriffs an opportunity to join said fund; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Black Blalock Bohannon

Bostick Bowen Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Gates

Cato Chandler Clarke Cole Colwell Conger Conner Cook Cooper Crowe Dailey

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dodson Douglas Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Funk Gary Gaynor <jignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Howell Hudson Hutchinson

WEDNESDAY, MARCH 26, 1969

3161

Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom

Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams V/ood

Those not voting were Messrs.:

Adams Ballard Berry Bond Brantley, H. H. Brown, B. D. Carnes ollier Collins, M. Collins, S. Connell

DeLong Dent Dixon Dorminy Edwards Egan Floyd, L. R. Geisinger Hale Hamilton Harris, L. R.

Horton Lambert Lane, Dick Le vitas Marcus Maxwell Murphy Pafford Pickard Poole Reaves

3162
Roach Shanahan Sherman Simkins

JOURNAL OF THE HOUSE,

Smith, J. R. Thompson, A. W. Thompson, R. Townsend

Wilson Winkles Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 250. By Senator Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; and for other purposes.

Mr. Rainey of the 47th moved that SB 250 be tabled.

On the motion to table, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Bell Bostick Bowen Brantley, H. H. Brantley, H. L. Burruss Games Gates Cato Chandler Clarke Cole Colwell Conger Connell Crowe Davis, E. T. Dean, J. E. DeLong Dodson

Dorminy Edwards Ellis Ezzard Farmer Punk Gary Geisinger Grahl Graves Gunter Hale Hargrett Harrington Harris, J. F. Howell Hudson Joiner Jones, Herb Jordan, G. Keyton Knapp Knowles Kreeger Lambert

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Merritt Miles Milford Miller Moore Morris Mullinax Nash Nessmith Northcutt Odom Pafford Paris

Parker, C. A. Patterson Peters Phillips, G. S. Potts Rainey Roach Rush Russell

WEDNESDAY, MARCH 26, 1969

3163

Scarborough Scarlett Shanahan Sherman Simkins Smith, V. T. Sorrells Toles Wamble

Ware Whaley Wheeler, J. A. Wilkerson Williams Winkles Wood

Those voting in the negative were Messrs.

Alexander Berry Bond Brown, B. D. Buck Collins, S. Davis, W. Egan Evans Farrar Floyd, L. R. Harris, J. R.

Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Horton Jones, C. M. Jones, M. Jordan, H. S. Lee, W. S. Le vitas

Marcus Nunn Parker, H. W. Peterson Ross Sims Thomason Thompson, A. W. Thompson, R. Townsend Westlake

Those not voting were Messrs.:

Barfield Battle Bennett Black Blalock Bohannon Bray Brooks Brown, C. Busbee Caldwell Collier Collins, M. Conner Cook Cooper Dailey Daugherty Dean, N. Dent

Dickinson Dixon Douglas Fallin Felton Floyd, J. H. Gaynor Gignilliat Hadaway Hamilton Henderson Holder Hood Housley Hutehinson Johnson Keen Leonard Maxwell McClatchey

Melton Mo ate Murphy Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Reaves Rowland Salem Shepherd Simmons Smith, J. R. Snow Sweat Vaughn Wheeler, Bobby Wilson Mr. Speaker

On the motion to table, the ayes were 100, nays 35.

The motion prevailed, and SB 250 was placed upon the table.

3164

JOURNAL OP THE HOUSE,

Mrs. Merritt of the 46th stated that she had inadvertently voted "aye" but intended to vote "nay" on the motion to table SB 250.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of an administration de bonis non with will annexed upon ap plication of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make also applicable to cases where an executor has died intestate; and for other purposes.

The following Senate amendment was read:
The Senate Judiciary Committee offers the following amendment to HB 627:
By inserting in the caption after the phrase "dies testate", and be fore the phrase "approved February 12, 1952" the following phrase:
"resigns or otherwise becomes disqualified to serve,"
And by inserting in Section 1 after the phrase "of a decedent dies" and before the phrase "any person or persons" the following phrase:
"resigns or otherwise becomes disqualified to serve,"

Mr. Phillips of the 50th moved that the House agree to the Senate amend ment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell

Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks

Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler

Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis
Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, R. W.

WEDNESDAY, MARCH 26, 1969

3165

Hawes Henderson Higginbotham Holder Hood Housley Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn

Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Roach Ross Rowland Rush Russell Scarlett Shanahan Shepherd Sherman Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wilson Wood

'Those not voting were Messrs.:

Barfield Bennett Bond Bostick Bo wen Brown, B. D. Busbee

Collins, M. Dent Fallin Floyd, J. H. Hadaway Hamilton Harris, J. R.

Harrison Hill, B. L. Hill, G. Horton Howell Johnson Jones, C. M.

3166
Lane, W. J. Longino Matthews, D. R. Maxwell Melton Miller

JOURNAL OF THE HOUSE,

Pickard Pinkston Poole Reaves Salem Scarborough

Simkins Simmons Smith, J. R. Vaughn Mr. Speaker

On the motion, the ayes were 157, nays 0.

The motion prevailed, and the Senate amendment to HB 627 was agreed to.

HR 194-557. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burrus of the 117th:
A Resolution establishing a procedure to the acquisition of sites for the location of State Parks; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government offers the following amendment to HR 194-557:
By deleting the last paragraph of said resolution in its entirety and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that before any additional State Park sites are acquired by the State Parks Department, such acqui sition shall be first approved by the Joint Fiscal Affairs Committee of the Senate and House Appropriations Committees upon the recom mendation of the State Properties Control Commission."
Mr. McDaniell of the 117th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HR 194-557 was dis agreed to.

HB 208. By Mr. Conner of the 56th:
A Bill to be entitled ann Act to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3167

The following Senate amendment was read:

Senator Dean of the 6th moves to amend H. B. 208 as follows:

By striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".

By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of submitting this Act to
the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. The Ordinary shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date there of, in the official organ of Appling County. The ballot shall have written or printed thereon the words:

'For approval of the Act increasing the annual salary of the clerk of the superior court of Appling County to $9,500.00 and in creasing the compensation of the secretary of the clerk of the superior court of Appling County to $3,000.00 per annum and authorizing the clerk of the superior court of Appling County to appoint two additional secretaries at salaries of $2,400.00 per annum each.

'Against approval of the Act increasing the annual salary of the clerk of the superior court of Appling County to $9,500.00 and increasing the compensation of the secretary of the clerk of the superior court of Appling County to $3,000.00 per annum and authorizing the clerk of the superior court of Appling County to appoint two additional secretaries at salaries of $2,400.00 per annum each.'

All persons desiring to vote in favor of the Act shall vote for approval, and those persons to desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Conner of the 56th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 208 was disagreed to.

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JOURNAL OP THE HOUSE,

HB 209. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and the deputy sheriff; and for other purposes.

The following Senate amendment was read:
Senator Dean of the 6th moves to amend H. B. 209 as follows:
By striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. The Ordinary shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date there of, in the official organ of Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act to increase the annual salary of the sheriff of Appling County to $10,500.00 and to increase the compen sation of the chief deputy to $5,976.00 per annum, to increase the compensation of an additional deputy sheriff to $4,800.00 per an num, to increase the compensation of a secretary and a jailer to $3,640.00 per annum, and to provide that Appling County shall fur nish three automobiles for the use of the sheriff and his deputies.
'Against approval of the Act to increase the annual salary of the sheriff of Appling County to $10,500.00 and to increase the com pensation of the chief deputy sheriff to $5,976.00 per annum, to increase the compensation of an additional deputy sheriff ta $4,800.00 per annum, to increase the compensation of a secretary and a jailer to $3,640.00 per annum, and to provide that Appling County shall furnish three automobiles for the use of the sheriff and his deputies.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the

WEDNESDAY, MARCH 26, 1969

3169

result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Conner of the 56th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 209 was disagreed to.

HB 936. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.

The following Senate amendment was read:
Senator Dean of the 6th moves to amend H. B. 936 as follows:
By striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act to increase the annual salary of the tax receiver of Appling County to $4,000.00.
'Against approval of the Act to increase the annual salary of the tax receiver of Appling County to $4,000.00.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the

3170

JOURNAL OF THE HOUSE,

duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Conner of the 56th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 936 was disagreed to.

HB 937. By Mr. Conner of the 56th:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Appling County; and for other purposes.

The following Senate amendment was read:
Senator Dean of the 6th moves to amend H. B. 937 as follows:
By striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;",
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. The Ordinary shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date thereof, in the official organ of Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act increasing the compensation of each member of the Appling County Board of Education to $900.00 per annum.
'Against approval of the Act increasing the compensation of each member of the Appling County Board of Education to $900.00 per annum.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall

WEDNESDAY, MARCH 26, 1969

3171

hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Conner of the 56th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 937 was disagreed to.

HB 938. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax col lector and his secretary; and for other purposes.

The following Senate amendment was read:
Senator Dean of the 6th moves to amend House Bill No. 938 as follows:
By striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows:
"Section 2. It shall be the duty of the ordinary of Appling County to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The ordinary shall set the date for such election for Wednesday, September 9, 1970. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act increasing the compensation of the tax collector of Appling County to $9,000 per annum and increasing the compensation of the secretary to the tax collector of Appling County to $3,640.00 per annum.
'Against approval of the Act increasing the compensation of the tax collector of Appling County to $9,000 per annum and in creasing the compensation of the secretary to the tax collector of Appling County to $3,640 per annum.'

3172

JOURNAL OF THE HOUSE,
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Conner of the 56th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 938 was disagreed to.

HB 567. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provisions thereof relative to filling vacancies in said office; and for other purposes.

The following Senate amendment was read:
The Senate Judiciary Committee moves to amend House Bill 567 as follows:
By striking in proposed subsection 23-1102 (d) which is quoted in Section 1 of said bill the phrase "and such failure cannot be cured by a runoff election".
Mr. Harrison of the 66th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber

Barfield Battle Bell Bennet Berry Black

Blalock Bohannon Bray Brown, B. D. Brown, C. Buck

Burruss Busbee Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Evans Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway

WEDNESDAY, MARCH 26, 1969

3173

Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, G. Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Miller Moate Morris

Mullinax Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Sherman Simmons Sims Snow Sorrells Sweat Thomason Thompson, A. W. Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Winkles Wood

Those not voting were Messrs.:

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Caldwell Carnes Gates

Collins, M. Dean, J. E. Dean, N. Dodson
Floyd, L. R. Geisinger Hale Hamilton Harris, J. F.

Higginbotham Hill, B. L. Holder Hood Jones, Herb Lambert Lane, Dick Leonard
Marcus

3174
Matthews, D. R. McCracken Merritt Moore Murphy Pafford Phillips, G. S. Pickard

JOURNAL OF THE HOUSE,

Poole Potts Scarborough Shepherd Simkins Smith, J. R. Smith, V. T. Thompson, R.

Townsend Westlake Whaley Wilkerson Wilson Mr. Speaker

On the motion, the ayes were 146, nays 0.

The motion prevailed, and the Senate amendment to HB 567 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A Bill to amend Code Title 56 known as the "Georgia Insurance Code" approved Mar. 8, 1960, as amended; to make certain changes in regards to hospital care; to repeal conflicting laws; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Adams of the 26th, Holloway of the 12th, and Holley of the 22nd.

The following report of the Committee on Rules was read and adopted:

WEDNESDAY, MARCH 26, 1969

3175

Mr. Speaker:

Your Committee on Rules met and amended the calendar for today's business, Wednesday, March 26, 1969, by adding and submitting the following:
SR 84. Real Estate Investment Board, Home Mortgages. SR 100. Commemorating, James Melton. SB 20. Teacher Retirement System, overseas credit. SB 202. Banking Law, relative to private banks and Bankers.
Respectfully submitted, Busbee of the 61st, Vice-Chairman

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 56 known as the Georgia Insurance Code," to make certain changes in regards to hos pital care; to repeal conflicting laws; and for other purposes.

Mr. Dodson of the 82nd moved that a Committee of Conference on the part of the House be appointed.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Harris of the 77th, McClatchey of the 113th and Dodson of the 82nd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating thereto, and providing a

3176

JOURNAL OF THE HOUSE,

new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.

Mr. Harris of the 77th moved that the Senate amendment, previously dis agreed to, be agreed to, as amended by the House.

The following Senate amendment was again read:

The Senate Judiciary Committee moves to amend HB 719 as follows:
By striking in the caption the phrase "the definition and"
And by striking in Section 1 all after the phrase "to read as fol lows:" and by substituting in lieu thereof the following:
"26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another person or the immediate presence of another by use of an of fensive weapon. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than one nor more than twenty (20) years.

The following House amendment to the Senate amendment was read and adopted:

Mr. Cato of the 68th moves to amend the Senate amendment to HB 719 by adding the following:

1. By amending the caption of HB 719 at the appropriate place to add "to provide that robbery by intimidation is a lesser included offense in the offense of armed robbery"; and

2. By adding a new sentence in the Senate amendment between the first and second sentences of quoted Code Section 26-902 to read as follows:

"The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.".

On the motion to agree to the Senate amendment, as amended, by the House, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 26, 1969

3177

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L, Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carries Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan

Ellis Evans Ezzard Pallin Farmer Ployd, J. H. Floyd, L. E. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Holder
Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin

Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax
Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Reaves Roach Boss Rowland Rush Salem Scarborough Scarlett Shanahan Sherman Simkins Simmons Sims Snow Sorrells Sweat Thomason
Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby

3178
Wheeler, J. A. Winkles

JOURNAL OF THE HOUSE,

Williams Wood

Wilkerson

Those not voting were Messrs.:

Bennett Bray Caldwell Collins, M. Farrar Felton Funk Hale Hamilton Hawes

Henderson Hood Howell Leonard Matthews, D. R. Moate Poole Potts Rainey

Russell Shepherd Smith, J. R. Smith, V. T. Thompson, A. W. Thompson, R Vaughn Wilson Mr. Speaker

On the motion, the ayes were 167, nays 0.

The motion prevailed, and the Senate amendment to HB 719 was agreed to, as amended by the House.

His Excellency, Governor Lester G. Maddox appeared upon the floor of the House and delivered a brief address, expressing his best wishes to the members on this, the concluding day of the 1969 Legislative Session.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 104. By Senator Eldridge of the 7th: A Bill to be entitled an Act to amend an Act authorizing the superin tendent of purchases to permit local political subdivisions to make pur chases through the State's purchasing facilities; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON SB 104
The Conference Committee on SB 104 recommends the following:
(1) That the House recede from its position in insisting on the House Motor Vehicles Committee Substitute to SB 104.
(2) That the Senate and House agree to an amendment to SB 104 as originally introduced as follows:

WEDNESDAY, MARCH 26, 1969

3179

By adding after the words "Motor Vehicle" wherever the same shall appear the words "Material, equipment, and supplies".

Respectfully submitted,

FOR THE SENATE:
Billy Shaw Abney Senator, District 53
Robert Andrews Senator, District 49
Frank Eldridge, Jr. Senator, District 7

FOR THE HOUSE:
David C. Peterson Representative, District 41
John Henry Anderson Representative, District 49
George B. Brooks Representative, District 17

Mr. Peterson of the 41st moved that the report of the Committee of Con ference on SB 104 be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L.
Brown, B. D. Brown, C. Buck Burruss Busbee Carnes

Gates Cato Chandler Clarke Cole Collier Collins, S. Conger Connell Conner Cooper Crowe Dailey
Daugherty Dean, J. E.
Dean, N. DeLong Dent Dickinson Dixon Dodson

Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Gary
Gaynor Geisinger
Gignilliat Grahl Graves Gunter Hadaway Hargrett

3180
Harrington Harris, J. P. Harris, R. W. Harrison Hill, B. L. Holder Hood Horton Housley Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Longino Lowrey Marcus

JOURNAL OF THE HOUSE,

Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford Miller Moore Mullinax Murphy Nessmith Nunn Odom Pafford Paris Parker, H. W.
Peterson Phillips, G. S.
Phillips, W. R. Reaves Roach Rowland Rush Russell

Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T.
Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Whaley, G. W. Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wilkerson

Those voting in the negative were Messrs.:

Barfield Bennett Colwell

Davis, E. T. Hudson Jordan, G.

Peters

Those not voting were Messrs.:

Bell Berry Bray Brooks Caldwell Collins, M. Cook Davis, W. Felton Funk Hale Hamilton Harris, J. R. Hawes Henderson

Higginbotham
Hill, G. Howell Keen Knapp Lambert Lee, W. J. (Bill)
Lewis Mason Matthews, D. R. Melton
Moate Morris Nash Northcutt

Parker, C. A. Patterson Phillips, L. L. Pickard Pinkston Poole Potts Rainey Ross Scarborough Smith, J. R. Ware Westlake Wood Mr. Speaker

On the motion, the ayes were 143, nays 7.

WEDNESDAY, MARCH 26, 1969

3181

The motion prevailed, and the report of the Committee of Conference on SB 104 was adopted.

The following message was received from the Senate through Mr. MeWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:
SB 90. By Senators Cox of the 21st and Walling of the 42nd: A Bill to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the System; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 38. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th, and others: A Bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, approved Sept. 6, 1891," as amended, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; and for other purposes.
The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:
SB 281. By Senator Holley of the 22nd: A Bill to amend Code Chapter 84-2, relating to certification of ac countants, as amended, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.
The President has appointed on the part of the Senate the following Senators:
Holley of the 22nd, Rowan of the 8th, and Starr of the 44th.
The following Bill of the Senate was taken up for the purpose of con sidering the Senate's appointment of a Committee of Conference thereon:

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JOURNAL OF THE HOUSE,

SB 281. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, so as to provide that the members there of may succeed themselves; and for other purposes.

Mr. Gaynor of the 88th moved that a Committee of Conference on the part of the House be appointed.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Jones of the 84th, Pinkston of the 81st and Gaynor of the 88th.

The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto.

HB 845. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide for the manner of appoint ment of members to the Board of the Wayne County Hospital Au thority; and for other purposes.

The following Senate amendment was read:

Senate Committee on County and Urban Affairs moves to amend HB 845 as follows:
By inserting in the title between the word "Authority" and the word "to" the following:
"to provide that this Act shall become effective only if approved by the grand jury; to provide that the grand jury shall notify the Secretary of State of its action;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall become effective only

WEDNESDAY, MARCH 26, 1969

3183

if approved by the first grand jury of Wayne County which shall con vene after the effective date of this Act. The grand jury shall notify the Secretary of State of its action within ten days after approving or dis approving said Act."

Mr. Hargrett of the 58th moved that the House agree to the Senate amendment.

On the motion, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 845 was agreed to.

HB 977. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.

The following Senate amendment was read:
Senate Committee on County and Urban Affairs moves to amend HB 977 as follows:
By striking the next-to-last sentence of quoted Section 22 of Sec tion 1, which reads as follows:
"The compensation of the city attorney shall be fixed by the board.",
and inserting in lieu thereof the following sentence:
"The salary-retainer of the city attorney shall be fixed by the board in an amount not to exceed $1,200.00 per annum."

Mr. Hargrett of the 58th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 977 was agreed to.

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JOURNAL OF THE HOUSE,

HB 382. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Elec tion Commission; and for other purposes.

The following Senate amendment was read:
By changing the period to a semicolon at the end of the first sentence of Section 3 of said act and adding thereto the following words:
"provided however, such qualification fees shall not be more than two (2) months' salary of the office to which qualification for elec tion is sought."
So that as amended, said Section 3 shall read as follows:
"The Atlanta Municipal Election Commission shall recommend pro posed budgets to the Board of Aldermen from which the costs of mu nicipal elections shall be met. The Commission shall recommend to the Board of Aldermen the amount of qualification fees required of candi dates; provided however, such qualification fees shall not be more than two months' salary of the office to which qualification for election is sought. The Commission shall advise with and make recommendations to the Election Superintendent and Board of Aldermen for the adoption of election procedures which will result in efficient and orderly elec tions within the City of Atlanta. The Commission shall conduct hearings for the purpose of providing a forum where complaints pertaining to the election process and procedures may be aired by the citizens of the City of Atlanta."
By striking in its entirety the last sentence of Section 5 of said Act which reads as follows:
"In each year in which a special or general election is conducted within the City of Atlanta, the Superintendent shall receive the sum of $5,000, which shall be paid to him in addition to all other compensaton which he may be receiving from the City of Atlanta."
So that as amended, said Section 5 shall read as follows:
"In each year in which a special or general election is held in the City of Atlanta, the members of the Atlanta Municipal Election Com mission, and until 1970, the City Executive Committee shall receive the sum of $200."
And by striking in their entirety Sections 6 and 7 and substituting in lieu thereof the following:

WEDNESDAY, MARCH 26, 1969

3185

"Section 6. Notwithstanding any other provisions of this charter to the contrary, no candidate shall have his name placed upon the ballot by virtue of accompanying his notice of candidacy with a nominating petition.

Section 7. No political party shall conduct primaries for the pur pose of nominating candidates for municipal elections. In all municipal elections conducted by the City of Atlanta, the names of all candidates shall be listed upon the ballot under the Independent column."

Mr. Cook of the 95th moved that the House agree to the Senate amendment.

On the motion, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 382 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 84. By Senator Kidd of the 25th:
A Resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Banks and Banking moves to amend Senate Resolution 84 as follows:
By striking therefrom the word "Senate" as it appears in line 15 of said Resolution and adding in lieu thereof the words "General Assembly".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Ballard Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bond Bo stick Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Cates Cato Chandler Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Douglas Edwards Ellis Evans Fallin Farmer

Farrar Felton Floyd, J. H. Floyd, L. R.
Gary Gaynor Geisinger Gignilliat Graves Gunter Hale Harrington
Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Lewis Longino
Lowrey Marcus Matthews, C. Mauldin Maxwell
McClatchey McDaniell
Melton
Merritt

Miles Milford Miller Moate Morris Mullinax
Murphy Nessmith Northcutt
Nunn Pafford
Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R. Pinkston Potts Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Sherman Simmons Sims Snow Sorrells
Sweat Thompson, A. W. Thompson, R. Toles Vaughn
Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A.
Winkles Williams
Wood Wilkerson

Those not voting were Messrs.:

Anderson Berry

Bowen Brantley, H. H.

Brooks Buck

Clarke Cole Collins, M. Dean, J. E. Dickinson Dorminy Egan Ezzard Punk Grahl Hadaway Hamilton Hargrett Harris, J. R. Hood

WEDNESDAY, MARCH 26, 1969

Howell Joiner Jordan, G. Lambert Lee, W. S. Leonard Levitas Mason Matthews, D. R. McCracken Moore Nash Odom Peters Phillips, G. S.

Pickard Poole Rainey Ross Shanahan Shepherd Simkins Smith, J. R. Smith, V. T. Thomason Townsend Whaley Wilson Mr. Speaker

3187

On the adoption of the Resolution, as amended, the ayes were 145, nays 0,.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The following Bill of the House was taken up for the purpose of consideringthe report of the Committee of Conference thereon:

HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th, Townsend of the 115th and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to delete therefrom all references to non-partisan primaries; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 381
The Conference Committee on HB 381 recommends the following:
That the House recede from its position, and that the Senate substi tute to said bill be adopted with the following amendment:
By striking from the title the following:
"to provide that unless a candidate is the duly nominated nominee of a political party, his name shall be listed on the ballot under the Independent column;",

3188

JOURNAL OP THE HOUSE,

and substituting in lieu thereof the following:

"to provide how the names of certain candidates of political parties shall be listed on the ballot;".

Respectfully submitted,

FOR THE SENATE:
Ed Garrard Robert H. Walling Leroy Johnson

FOR THE HOUSE:
G. D. Adams Sidney J. Marcus Rodney Cook

Mr. Cook of the 95th moved that the report of the Committee on Conference on HB 381 be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Barber Battle Bennett
Berry Black Blalock Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Collier Collins, S. Colwell Conger Connell

Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger

Gignilliat Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Holder Horton Housley Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)

Lee, W. S. Le vitas Lewis Longino Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Moore Murphy Nash Nessmith Northcutt

WEDNESDAY, MARCH 26, 1969

318&

Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinks ton Potts Roach Rowland Russell Salem Scarborough Scarlett

Shepherd Sherman Simmons Sims Snow Sweat Thomason Thompson, A. W. Toles Townsend Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Anderson Ballard Barfield Bell Bohannon Brantley, H. H. Caldwell Clarke Cole Collins, M. Dean, J. E. Dorminy Funk Grahl Hamilton Harris, J. R.

Henderson Hill, G. Hood Howell Johnson Joiner Jones, C. M. Knapp Lambert Leonard Lowrey Matthews, D. R. McCracken Miller Morris Mullinax

Poole Rainey Reaves Ross Rush Shanahan Simkins Smith, J. R. Smith, V. T. Sorrells Thompson, R. Vaughn Ware Mr. Speaker

On the motion, the ayes were 149, nays 0.

The motion prevailed, and the report of the Committee of Conference on HB 381 was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

3190

JOURNAL OF THE HOUSE,

Mr. Speaker:

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 352-1004. By Messrs. Gary and Lee of the 21st:
A Resolution authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to amend Code Section 92-3216, relating to the secrecy and con fidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner to furnish information from State income tax returns to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.

HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to amend an Act creating the Department of Revenue, so as to provide authorization for the State Revenue Commissioner, upon re quest of the governing authority of counties and municipalities to fur nish information from State tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.

HB 843. By Mr. Jordan of the 55th:
A Bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.

HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A Bill to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3191

HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A Bill to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected wtih the fore going; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 722. By Messrs. Harris of the 77th and Lee of the 61st: A Bill to amend an Act so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.

Mr. Jordan of the 55th requested the following statement in regards to HB 843 appear in the Journal:
HB 843 was returned from the Senate with a substitute back to the House at 1:30 P.M. on Wednesday, March 26th, the last day of the Legislative Session. It is to be remembered that the House and Senate by joint resolution agreed to terminate the business of the session at 2:00 P.M. Senator Eldridge has had this Bill under his consideration since March 13, 1969; because of the time involved and the material changes made by Senator Eldridge, all without counseling or advising the Representative from the 55th, the Representative from the 55th had no knowledge of such substitute until, as stated above, 1:30 P.M.

Acting for and in what in my considered judgment was the best interest of the people of Coffee County, the Representative from the 55th cannot accept such substitute as offered by the Senator from the 7th. I would have hoped the Gentle man who represents the 7th Senatorial District would in the future show more respect to the duly elected and serving Representative from Coffee County. The people of Coffee will, thank God, judge the actions of the parties hereto, the Sen ator further stating they would not agree to original HB 843, this 26th day of March, 1969.
(Signed) George Jordan Representative from the 55th District
Received by Clerk of House 1:55 P.M., March 26, 1969 by Glenn Ellard, Clerk.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

3192

JOURNAL OP THE HOUSE,

HB 782. By Messrs. Williams, Cooper and Wood of the llth, and Barber of the 15th:
A Bill to amend an Act known as the "Lake Lanier Islands Develop ment Authority", so as to define the words "project" and cost of proj ect; and for other purposes.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 143. By Senator Padgett of the 23rd: A Bill to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the U. S. Decennial census of 1960 or any future census, the district attorney of the Judicial Circuit shall receive additional compensation; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 180. By Senator Smith of the 18th: A Resolution amending HR 405; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 31. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of ap plicants for renewal licenses at educational programs prior to the re newal of licenses to practice veterinary medicine; and for other purposes.

HB 653. By Mr. Carnes of the 104th:
A Bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall

WEDNESDAY, MARCH 26, 1969

3193

act as secretary to the State Board of Examiners of Plumbing Con tractors; and for other purposes.

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments thereto:

HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.

The following Senate amendment was read:
Senator Johnson of the 38th moves to amend House Bill No. 264 by renumbering Section 3 as Section 4 and by adding a new Section 3 to read as follows:
"Section 3. No provision of this Act shall be construed as pro hibiting or preventing a municipality or county from fixing, charg ing, assessing or collecting any license fee, registration fee, tax or gross receipt tax on any business covered by this Act or upon any related business or any one engaged in any related business gov-

Mr. Brown of the 32nd moved that the House agree to the Senate amend ment.

Mr. Brown of the 32nd moved that the House agre to the Senate amendment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander
Atherton Barber Barfield Battle Bell Bennett Berry
Black

Blalock Bohannon
Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Buck
Burruss

Busbee Carnes
Gates Cato Chandler Cole Collier Collins, S. Colwell
Conger

3194
Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Dean, N. Dent Dickinson Dodson Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Graves Gunter Harrington Harris, J. F. Harrison Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Hudson Hutchinson Johnson

JOURNAL OF THE HOUSE,

Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino
Lowrey Marcus Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt
Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nes smith Northcutt Nunn

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinks ton Potts Roach Rowland Rush Russell Salem Scarborough Scarlett Simkins Simmons Sims
Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams
Wood

Those not voting were Messrs.:

Anderson Ballard Brantley, H. H. Brooks Caldwell Clarke Collins, M. Daugherty Dean, J. E. DeLong
Dixon Dorminy

Egan Funk Gignilliat Grahl Hadaway Hale Hamilton Hargrett Harris, J. R. Harris, R. W. Hawes Henderson

Hood Howell Joiner Lambert
Levitas Matthews, D. R. Maxwell Odom Phillips, G. S. Pickard Poole Rainey

Reaves Eoss Shanahan Shepherd

WEDNESDAY, MARCH 26, 1969

3195

Sherman Smith, J. R. Thomason Townsend

Wilson Mr. Speaker

On the motion, the ayes were 149, nays 0.

The motion prevailed, and the Senate amendment to HB 264 was agreed to.

HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.

The following Senate amendments were read:
The Senate Judiciary Committee moves to amend HB 722 as follows:
1. By renumbering Section 19 as Section 22.
2. By renumbering Section 20 as Section 23.
3. By striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Said Act is further amended by inserting a comma (,) in Subsection (a) of Section 26-1806 after the phrase 'the prop erty is received' and after the phrase 'disposed of."
4. By adding a new Section to be designated Section 19 and to read as follows:
"Section 19. Said Act is further amended by inserting the word 'an' in Subsection (b) of Section 26-1808 after the phrase 'to pay on' and before the word 'account'."
5. By adding a new section to be designated Section 20 and to read as follows:
"Section 20. Said Act is further amended by striking the pe riod (.) at the end of Subsection (c) of Section 26-503 and inserting in lieu thereof a semi-colon (;) and by adding the word 'or' at the end of said subsection."

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JOURNAL OF THE HOUSE,

6. By adding a new Section to be designated Section 21 and to read as follows:

"Section 21. Said Act is further amended by striking the word 'enact' in Section 26-2602 and substituting in lieu thereof the phrase 'an act'."
7. By inserting in Section 8 in the proposed Section 26-1813 after the phrase "a motor vehicle part" and before the phrase "with a value" the phrase "or component".

8. By striking in Section 15 of said bill in the proposed Section 26-2914 the parentheses and letter "(a)".
9. By striking in Section 16 of said Bill in the proposed Section 26-3202 the letters "occured" and substituting in lieu thereof the word "occurred".
10. By amending Section 14 of said Bill by striking in the proposed Subsection (a) of Section 26-2713 the phrase "solicits another person to commit" and substitute in lieu thereof the word "commits".
11. By amending Section 19 by adding a new subsection to be designated subsection (h) and to read as follows:
'"(h) An act relating to fraudulent conversion of leased prop erty approved April 8, 1968 (Ga. Laws 1968, p. 998).
Senator Smalley of the 28th moves to amend HB 722 as amended by the Senate Judiciary Committee as follows:
1. By striking in the caption of said bill the following:
"to provide that a person who solicits another person to com mit certain acts relating to gambling activities with the intent to defraud or deceive said person, on or adjacent to the premises of any business operated for pecuniary gain, commits a crime and to prescribe the punishment for such crime;"

"to provide for a crime for the possession of a firearm during the commission of or attempt to commit certain other crimes and to prescribe the punishment for such crime;"

"to provide that any person who makes certain obscene or harrassing telephone calls commits a crime and to prescribe the punishment for such crime' "

"to provide that any person who distributes certain literature and refuses to sell to any dealer for his subsequent sale at re tail any book, magazine, periodical or newspaper; solely because such dealer refused to purchase from such person other literature

WEDNESDAY, MARCH 26, 1969

3197

not originally requested by such dealer commits a crime and to pre scribe the punishment for such crime;" "to provide that a person who intentionally smells or inhales the fumes from model glue for the purpose of causing certain effects to the senses, or sells or transfers possession of model glue to any person under eighteen (18) years of age unless he has written con sent from his parent or legal guardian, or intentionally possesses, buys, sells, transfers possession or receives possession of model glue in aiding other persons to violate the provisions of this Act on model glue commit a crime and to prescribe the punishment for such crime; to provide certain exemptions from the above such crime;"

2. By striking Section 14 of said bill in its entirety.

3. By striking Section 15 of said bill in its entirety.

4. By striking Section 18 of said Bill in its entirety.

5. By striking in Section 19 of said Bill Subsection (b), Subsec tion (c), Subsection (d), Subsection (e), and Subsection (g), and by redesignating Subsection (f) as Subsection (b) and further redesignating Subsection (h) as Subsection (c).

6. By renumbering Section 16 as Section 14.

7. By renumbering Section 17 as Section 15.

8. By renumbering Section 19 as Section 16.

9. By renumbering Section 20 as Section 17.

10. By renumbering Section 21 as Section 18.

11. By renumbering Section 22 as Section 19.

12. By renumbering Section 23 as Section 20.

Mr. Harris of the 77th moved that the House agree to the Senate amend ments.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Aexander Anderson

Atherton Ballard Barber

Battle Berry Black

3198
Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger

JOURNAL OF THE HOUSE,

Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Milford

Miller Moate Moore Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Roach Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Sorrells Sweat Thomason Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Barfield Bell

Bennett Blalock

Burruss Caldwell

Clarke Collins, M. Cook
Crowe Dixon Funk Hamilton
Higginbotham Howell
Johnson Lambert

WEDNESDAY, MARCH 26, 1969

3199

Mason Matthews, D. K. McClatchey McCracken Miles Morris Murphy Paris Phillips, G. S. Poole Reaves

Ross Rowland Smith, J. R. Snow Thompson, A. W. Thompson, R.
Town send Vaughn Wilson Mr. Speaker

On the motion, the ayes were 157, nays 0.

The motion prevailed, and the Senate amendments to HB 722 were agreed to.

HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th:
A Bill to be entitled an Act to be known as the "Georgia Meat Inspection Act"; and for other purposes.

The following Senate amendment was read:
Senator Andrews of the 49th moves to amend HB 524 as follows:
By striking from subsection (d) of Section 1 the words, "and poultry".
By striking from the end of subsection (e) of Section 1 the words, "and poultry" and by inserting a period following the word "equines".
By striking from Sections 16, 17, 18 and 19 the words "or poultry" wherever the same appear.

Mr. Lowrey of the 9th moved that the House agree to the Senate amend ment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson

Atherton Ballard Barber

Battle Berry Black

3200
Bond Bo stick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Caldwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Gary Gaynor

JOURNAL OP THE HOUSE,

Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt

Milford Miller Moate Moore Murphy Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, W. R. Pinks ton Potts Rainey Roach Rowland
Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Barfield Bell

Bennett Blalock

Bohannon Brooks

Collier Dean, J. E. Dickinson Floyd, L. R. Funk Hamilton Harris, J. R. Higginbotham Jordan, H. S. Lambert Marcus

WEDNESDAY, MARCH 26, 1969

3201

Mason Matthews, D. R. McCracken Miles Morris Mullinax Phillips, G. S. Phillips, L. L. Pickard Poole Reaves

Ross Russell Thompson, R. Townsend Vaughn Wamble Ware Wilson Mr. Speaker

On the motion, the ayes were 158, nays 0.

The motion prevailed, and the Senate amendment to HB 524 was agreed to.

HR 352-1004. By Messrs. Gary and Lee of the 21st:
A Resolution authorizing the conveyance of certain real property to cated in Clay ton County, Georgia, to the City of Atlanta; and for otfies purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency In Government moves to amend House Resolution 352 as follows:
By inserting in the paragraph immediately preceding the last sen tence of said resolution between the words: "Atlanta Airport Passenger Terminal" and the words: "to also serve", the following: "via Virginia Avenue",

Mr. Gary of the 21st moved that the House agree to the Senate amendment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber

Barfield Battle Bell Bennett Berry Black

Bohannon Bond Bostick
Bo wen Brantley, H. H. Brantley, H. L.

3202
Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Edwards Egan Ellis
Evans
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves
Gunter
Hadaway
Hargrett

JOURNAL OF THE HOUSE,

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis
Longino
Lowrey
Mason
Matthews, C.
Mauldin
Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate
Morris
Mullinax
Murphy

Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

WEDNESDAY, MARCH 26, 1969

3203

Those not voting were Messrs.:

Blalock Brooks Caldwell Dean, J. E. Dickinson Douglas Funk Hale

Hamilton Higginbotham Hill, B. L. Marcus Matthews, D. R. McCracken Moore Phillips, G. S.

Poole Reaves Smith, J. R. Townsend Vaughn Mr. Speaker

On the motion, the ayes were 173, nays 0.

The motion prevailed, and the Senate amendment to HR 352-1004 was agreed to.

HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "project" and "cost of project"; and for other purposes.

The following Senate amendment was read:
The Committee on Business, Trade and Commerce offers the follow ing amendment to HB 782:
By adding at the end of Section 16 the following sentence:
"The exemption herein provided shall not include any exemp tion from sales and use tax on property purchased by the Authority or for use by the Authority."

Mr. Williams of the llth moved that the House agree to the Senate amendment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard

Barber Barfield Battle Bell

Bennett Berry Black Blalock

3204
Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carries Gates Cato Chandler Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis
Evans
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Gary
Gaynor
Geisinger
Gignilliat

JOURNAL OP THE HOUSE,

Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate

Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahhan Shepherd Sherman Simkins Simmons Smith, J. R. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Wilson
Winkles
Wood

WEDNESDAY, MARCH 26, 1969

3205

Those not voting were Messrs.:

Anderson Brooks Caldwell Clarke Cole Dickinson Funk Hale

Hamilton Hill, B. L. Knapp Leonard Matthews, D. R. Maxwell McCracken Pafford

Pickard Poole Reaves Sims Smith, V. T. Thomason Townsend Mr. Speaker

On the motion, the ayes were 171, nays 0.

The motion prevailed, and Senate amendment to HB 782 was agreed to.

HB 699. My Messrs. Higginbotham of the 75th and Morris of the 73rd:
A Bill to be entitled an Act to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other mat ters connected with the foregoing; and for other purposes.

The following Senate amendments were read: Committee on County and Urban Affairs moves to amend HB 699 as
follows: By striking from subsection (b) of Section 2 the following names: "Mr. James Roswell Smith Mr. Irving Rodney Wood Mr. Samuel H. Buttill"
and inserting in lieu thereof the following names: "Mr. Alfred J. Ciraldo Mr. Dan E. McConaughey Mr. Samuel L. Buttrill".
Committee on County and Urban Affairs moves to amend HB 699 as follows:
By striking from subsection (c) of Section 2 the following sentence:

3206

JOURNAL OF THE HOUSE,

"A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Authority, and no vacancy on the Authority shall impair the right of the quorum to act.",

and substituting in lieu thereof the following:

"It shall require the concurrence of at least three members of the Authority to exercise any of the rights of and to perform any of the duties of the Authority. No vacancy on the Authority shall impair the right of the quorum to act."

By adding between Sections 4 and 5 a new Section to be numbered Section 4A and to read as follows:

"Section 4A. No alcoholic beverages may be sold upon the premises of the Authority unless the sale of such beverages within the confines of DeKalb County has been authorized pursuant to the applicable provisions of law."

By renumbering Sections 29 through 32 as Sections 30 through 33.

And, by inserting following Section 28 a new Section 29 to read as follows:

"Section 29. The governing authority of DeKalb County is au thorized to appropriate to the Authority the proceeds derived from any excise tax collected by DeKalb County upon charges for ad missions to events occurring upon the premises owned by the Authority."

Mr. Higginbotham of the 75th moved that the House agree to the Senate amendments.

On the motion, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendments to HB 699 were agreed to.

HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue, so as to provide authorization for the State Revenue Com missioner, under certain conditions, to furnish information from State tax returns; and for other purposes.

The following Senate amendment was read:

WEDNESDAY, MARCH 26, 1969

3207

Senator Ward of the 39th moves to amend HB 548 by striking from Section 1 in the first sentence in the tenth line the words "State tax returns including any State income tax return or any" and from "thSetateel"e.venth line the word "said" and inserting therefor the word

Mr. Marcus of the 105th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 548 was agreed to.
HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st: A Bill to be entitled an Act to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to pro vide authorization for the State Revenue Commission and furnish in formation from State income tax returns to the proper county and mu nicipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.
The following Senate amendment was read:
Senator Ward of the 39th moves to amend HB 549 by striking from Section 1 in the first sentence on the eighth line the words "any income tax returns or" and from the ninth line the word "said" and inserting therefor the word "income".
Mr. Marcus of the 105th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 549 was agreed to.
The following Resolutions of the House and Senate were read and adopted:

3208

JOURNAL OF THE HOUSE,

HR 499. By Mr. Barber of the 15th:

A RESOLUTION

To create a committee to study the needs of elementary and sec ondary education in Georgia; and for other purposes.

WHEREAS, the members of the General Assembly, State Officials and citizens are in need of factual information on the needs of ele mentary and secondary education.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to Study the Needs of Elementary and Secondary Education in Georgia. The committee shall be composed of five members of the House of Representatives chosen by the Speaker of the House, and such other nonmembers of the House of Representatives as the Speaker may choose in his discretion. The committee shall be authorized to study all aspects of the needs of elementary and secondary education in Georgia. All department of State government shall make available to the committee their records, statistics and other information upon request of the com mittee and shall render any assistance to the committee that is necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each member of the committee shall re ceive the allowances authorized for legislative members of interim legislative committees. The non-legislative members shall be reim bursed for actual expenses. The funds necessary to carry out the pur poses of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly at which time it shall stand abolished.

HR 500. By Mr. Barber of the 15th:
A RESOLUTION
Thanking Dr. Solon C. Couch, Minister to Government and Social Agencies, Inner City Ministry, of the United Methodist Church (North Georgia Conference); and for other purposes.
WHEREAS, Dr. Solon C. Couch has been in regular attendance upon the 1969 sessions of the House of Representatives of the General Assembly of the State of Georgia; and
WHEREAS, Dr. Couch has sought especially to be a positive ally on behalf of legislation that would strengthen the moral and spiritual fibre of our people; and

WEDNESDAY, MARCH 26, 1969

3209

WHEREAS, he has met with many of the Committees of the House of Representatives in their deliberations; and

WHEREAS, he has demeaned himself in our midst in a manner that reflects credit upon the purposes of his work and the United Methodist Church.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby ex press their thanks to Dr. Couch for the cordial and helpful spirit in which he has related himself to this body.
BE IT FURTHER RESOLVED that the Clerk is hereby authorized and directed to transmit an appropriate copy of this Resolution to Bishop John Owen Smith, Resident Bishop of the United Methodist Church in Georgia, and to Dr. Solon C. Couch.

SR 100. By Senator Broun of the 46th:
A RESOLUTION
Commemorating James Melton; and for other purposes.
WHEREAS, the late Mr. James Melton has been the only nativeborn Georgian to attain stardom as a leading tenor with the famed Metropolitan Opera Company of New York; and
WHEREAS, Mr. Melton was a native Georgian having been born on January 2, 1904, in Moultrie, Georgia; and
WHEREAS, he attended the University of Georgia during 1922-23 and graduated from Vanderbilt University in 1924; and
WHEREAS, he made his first theatrical debut in April 1923 as a leading man in a musical comedy, "The Varieties of 1923", spon sored by the Athens Rotary Club for their charities; and
WHEREAS, he made his professional debut as a singer with the Roxy Gang at the Roxy Theater in New York in 1927; and
WHEREAS, he was a member of the Chicago Opera Association from 1938 to 1943 and a member of the Cincinnati Opera from 1938 to 1939; and
WHEREAS, he was the leading tenor for the world-famed Metro politan Opera Company of New York from 1942 to 1944 and was ac claimed by critics all over the world for his matchless performances; and
WHEREAS, he was acclaimed throughout the world on concert tours and also sang in a number of musical film productions for Warner Brothers Pictures Corporation; and

3210

JOURNAL OF THE HOUSE,

WHEREAS, he was a famous radio and television performer and starred in such radio programs as "The Texaco Star Theater", "The Bell Telephone Hour" and "Harvest of Stars" and the "Ford Festival" over NEC television; and

WHEREAS, he passed away in 1961, thus ending the career of a truly beloved Georgian and one of the greatest artists of our time; and

WHEREAS, although he has passed on, it is fortunate that his beautiful voice has been preserved for the enjoyment of people through out the world who love fine music, and we may feel justly proud of this native Georgian who attained such great heights in the field of music.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Secretary of State is hereby au thorized and directed to install a plaque at a suitable location in the State Capitol or in another appropriate State building commemorating Mr. James Melton and enumerating his outstanding accomplishments.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate was taken up for con sideration and read the third time:

SB 20. Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A Bill to be entitled an Act to amend an Act establishing a retire ment system for teachers in the State public schools so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others:
A Resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General As sembly during legislative sessions; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3211

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 113, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 139-399. By Messrs. Chandler of the 34th and Murphy of the 19th: A Resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.
The following Senate amendment was read: Senator Kidd of the 25th moves to amend HR 139 as follows: By striking from the resolving clause the following: ", by accepting competitive bids,"
and substituting in lieu thereof the following: ", under such procedures, terms and conditions as in its judg
ment will best serve the interest of the State of Georgia,".
Mr. Chandller of the 34th moved that the House agree to Senate amendment.
On the motion, the ayes were 112, nays 0.
The motion prevailed, and the Senate amendment to HR 139-399 was agreed to.
The following Resolution of the Senate was read and adopted:

3212

JOURNAL OF THE HOUSE,

SR 180. By Senator Smith of the 18th:

A RESOLUTION

Amending HR 405; and for other purposes.

BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRE SENTATIVES concurring, that HR 405 is hereby amended by striking the figure "2:00 p.m." and inserting in lieu thereof the figure "3:00 p.m.".

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 281. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, so as to provide that the members thereof may succeed themselves; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON SB 281
The Conference Committee on SB 281 recommends the following:
That the Senate and House both recede from their positions and adopt the attached substitute.
Respectfully submitted, FOR THE SENATE:
Starr of the 44th Holley of the 22nd Rowan of the 8th
FOR THE HOUSE OF REPRESENTATIVES:
Pinkston of the 81st Gaynor of the 88th Jones of the 59th
A BILL
To be entitled an Act to amend Code Chapter 84-2, relating to cer tification of accountants, as amended, particularly by an Act approved March 9, 1943 (Ga. Laws 1943, p. 363), an Act approved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 185), so as to provide that the members thereof

WEDNESDAY, MARCH 26, 1969

3213

may succeed themselves; to provide additional grounds for the revoca tion, cancellation or suspension of the certification and licensing by the Board and to specify the terms and conditions thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Chapter 84-2, relating to certification of ac countants, as amended, particularly by an Act approved March 9, 1943 (Ga. Laws 1943, p. 363), an Act approved March 21, 1958 (Ga. Laws 1958 p. 216), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 185), is hereby amended by striking Code Section 84-201, relating to the State Board of Accountancy, in its entirety and in lieu thereof inserting a new Section 84-201 to read:
"84-201. The State Board of Accountancy. The State Board of Accountancy shall consist of five members to be appointed by the Governor with the approval of the Secretary of State and shall be confirmed by the Senate, four of whom shall be certified public ac countants who have practiced as such in the State of Georgia, under certificates issued by this State, for at least four years, and one of whom shall be a practicing attorney at law who has practiced as such in the State of Georgia for at least four years. The members of the State Board of Accountancy in office April 1, 1943, shall continue in office for the remainder of their respective unexpired terms as members of the State Board of Accountancy. Thereafter, the first member of said board to be appointed by the Governor shall serve on said board until June 30, 1945; the next member ap pointed by the Governor shall serve on said board until June 30, 1946; the next member appointed by the Governor shall serve on said board until June 30, 1947, and the remaining two of said mem bers, including the attorney member, upon appointment by the Governor, shall serve on said board until June 30, 1948. All other subsequent appointments shall each be for a term of four years. Each member of said board shall be eligible for reappointment and there shall be no restrictions on the eligibility of any such member to succeed himself. Any member of the board may be removed by the Governor for misconduct, ineompetency, or neglect of duty. Va cancies shall be filled by appointment by the Governor for the un expired term. The members of the Board shall receive $25.00 for each day of actual attendance upon meetings of the Board, and actual traveling expenses."
Section 2. Said Code Chapter, as amended, is further amended by adding a new Section to be known as Section 84-210A to read:
"84-210A. Any certificate or registration or license issued by the Board may be revoked, cancelled, or suspended after notice and hearing, for any violation for this Act or 1) for the conviction of an offense involving moral turpitude; 2) the entry of a plea of nolo contendere to an offense involving moral turpitude; 3) the failure to file federal or state income tax return; or 4) the filing of a fraudulent federal or state income tax return. The procedure for

3214

JOURNAL OF THE HOUSE,

the revocation or suspension shall be the same as that provided by Code Section 84-210 and no such hearing shall be held in regard to the revocation, cancellation, or suspension of a license without there first being notice to the holder of the license or registration and after hearing by the Board."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Pinkston of the 81st moved that the House adopt the report of the Committee of Conference.

On the motion to adopt, the ayes were 12, nays 93.

The report of the Committee of Conference on SB 281 was rejected.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 886. By Messrs. Miles of the 78th and Dent of the 79th: A Bill to be entitled an Act to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta; and for other purposes.
The following Senate amendment was read:
The Committee on County and Urban Affairs offered the following amendment:
Amend HB 886 by adding the word "and" between the word "ward", and the figure "6" as the same appears in Section 3 thereof.
By adding the following words "to fix values of all property lo cated within the City and the County" between the word "Board" and the word "for" as the same appears in Section 6 thereof; and to add the word "and" between the words "purposes" and "to prepare" where they appear in said Section.
By striking in its entirety Section 7 and substituting in lieu thereof the following:

WEDNESDAY, MARCH 26, 1969

3215

"Section 7. A person known as the Chief Tax Appraiser shall be appointed by the Board with concurrency by the Council and the Commissioners. In the event the Council or the Commissioners do not concur with the Board in their appointment of the Chief Tax Appraiser, then, and in such event, upon petition of either the Council, Commissioners, or Board, the judges of the Superior Court of Richmond County shall by majority vote appoint a temporary Chief Tax Appraiser to serve until the next grand jury shall con vene; at which time Council shall submit in writing to said grand jury the name of its appointee for Chief Tax Appraiser; the Com missioners shall submit in writing to said grand jury the name of their appointee for Chief Tax Appraiser, and the Board shall submit in writing to said grand jury the name of the appointee for Chief Tax Appraiser, and the superior court judge then instructing said grand jury shall instruct them that it is their first duty to elect by majority vote one of said nominees. A quorum of grand jurors for the purpose of conducting said election shall be 20. Thereafter, the grand jury shall present the results of said election in writing, signed by the foreman, to the superior court judge then presiding and said judge shall have same published in open court with the same formality as a jury verdict in civil cases. Said Chief Tax Ap praiser appointed shall immediately take office; but should said Chief Tax Appraiser thus appointed refuse to assume his duties, the procedure in appointing another Chief Tax Appraiser shall be the same as hereinabove outlined."

By striking in its entirety the first sentence of Section 9 and substituting in lieu thereof the following:

"Section 9. Any additional employees required for the ef fective operation of said Board shall be selected by the Board, or their services contracted for by the Board, with the concurrence of the Council and the Commissioners."

By striking in its entirety subparagraph (b) of Section 10 and substituting in lieu thereof the following:

"(b) The Board shall submit annually to the Council and the Commissioners an itemized statement of all moneys expended in the operation of the Board."

Mr. Maxwell of the 78th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 886 was agreed to.

The following Resolution of the House was read and referred to the Com mittee on Industrial Relations:

3216

JOURNAL OF THE HOUSE,

HE 501. By Messrs. Jordan of the 55th and Battle of the 90th:

A RESOLUTION

WHEREAS, the author of this resolution believes that manage ment and labor should, in fact, form a partnership for the protection and well-being of all concerned; and

WHEREAS, the author of this resolution is aware of the fact that 85 percent of the people of Georgia labor for their daily bread; and

WHEREAS, the House of Representatives, in its wisdom and dis cretion, has created an Industrial Relations Committee; and

WHEREAS, because of the fact that approximately 85 percent of the people of this great State are considered people who labor for their daily bread, the author of this resolution requests that the Speaker of the House of Representatives and its members create a labor committee which would be a counterpart of the Industrial Relations Committee, calling to mind that the Senate of Georgia has an Industrial and Labor Committee.

THEREFORE, in the interest and fairness to all, the author of this resolution feels that such a committee is vital and necessary and that its function would serve to further the interest of all Georgians.

BE IT RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the Governor, the Commissioner of Labor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the Senate and the members of the House.

The following Resolutions of the House were read and adopted:

HR 502. By Messrs. Townsend of the 115th, Adams of the 100th, Geisinger of the 72nd, Gates of the 95th, and Lane of the 101st:
A RESOLUTION
Commending Miss Margaret Green; and for other purposes.
WHEREAS, Miss Margaret Green, Senior at Agnes Scott Col lege has been extremely helpful to Representative Kil Townsend, the Fulton County Delegation and the Republican Delegation during the 1969 Session of the General Assembly; and
WHEREAS, as a legislative aid to Kil Townsend, she has displayed a keen interest in the General Assembly; and

WEDNESDAY, MARCH 26, 1969

3217

WHEREAS, she has overseen numerous bills and advised of their status and performed countless other services which Representative Townsend and other members were unable to do because of other legislative duties; and

WHEREAS, it is the desire of Representative Kil Townsend, the Pulton County Delegation and the Republican Delegation to recognize her for the outstanding job she has done for the delegation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Miss Mar garet Green for the contributions she has made during the 1969 Ses sion of the General Assembly and for her interest and desire to become involved in the operation of the legislative process of State Govern ment.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Miss Margaret Green.

HR 503. By Messrs. Townsend of the 115th, Adams of the 100th, Geisinger of the 72nd and others:
A RESOLUTION
Commending Miss Kit McMillan; and for other purposes.
WHEREAS, Miss Kit McMillan, Senior at Agnes Scott College has been extremely helpful to Representative Kil Townsend, the Fulton County Delegation and the Republican Delegation during the 1969 Ses sion of the General Assembly; and

WHEREAS, as a legislative aide to Kil Townsend she has displayed a keen interest in the General Assembly; and
WHEREAS, she has overseen numerous bills and advised of their status and performed countless other services which RepresentativeTownsend and other members were unable to do because of other legis lative duties; and
WHEREAS, it is the desire of Representative Kil Townsend, th& Fulton County Delegation and the Republican Delegation to recognize her for the outstanding job she has done for the delegation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Miss Kit McMillan for the contributions she has made during the 1969 Session of the General Assembly and for her interest and desire to become in volved in the operation of the legislative process of State Government..

3218

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Miss Kit McMillan.

The following Resolution of the House was read and referred to the Com mittee on Hygiene and Sanitation:

HR 504. By Mr. Dean of the 76th:
A RESOLUTION
Recommending that certain persons be given proper medical at tention; and for other purposes.
WHEREAS, it has been brought to the attention of the members of the DeKalb County delegation to the General Assembly of Georgia that on certain occasions individuals have been placed in the DeKalb County jail and have not received proper medical attention that is needed; and
WHEREAS, the sheriff of DeKalb County should see to it that each person who is placed in the DeKalb County jail and is in need of medical attention receives such medical attention.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby recommend that per sons who are placed in the DeKalb County jail receive proper medical attention.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the sheriff of DeKalb County.

The following Resolutions of the House were read and adopted:

HR 505. By Messrs. Dailey of the 53rd, Black and Edwards of the 45th:
A RESOLUTION
Authorizing the Penal Institutions Subcommittee of the State Institutions and Property Committee to function after final adjourn ment of the 1969 regular session of the General Assembly; and for other purposes.
WHEREAS, the Penal Institutions Subcommittee of the State Institutions and Property Committee has many bills assigned to it

WEDNESDAY, MARCH 26, 1969

3219

which should be given thorough consideration and study prior to the 1970 session.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Penal Institutions Subcommittee of the State Institutions and Property Committee is hereby authorized to function after final adjournment of the 1969 regular session of the General Assembly for the purpose of considering the bills before said subcommittee and for such other activities and studies as the subcom mittee shall determine. The subcommittee may meet at such times and places and in such manner as the Chairman of said subcommittee shall determine. Each member of the subcommittee shall receive the ex penses and allowances authorized by law for members of legislative interim committees and shall receive the same for such number of days as the Speaker of the House of Representatives shall authorize. The funds necessary to carry out this resolution shall come from funds appropriated or otherwise available to the legislative branch of govern ment.

HR 506. By Messrs. Dailey of the 53rd, Black and Edwards of the 45th:
A RESOLUTION
Authorizing the Milk and Milk Control Subcommittee of the Agri culture Committee to function after final adjournment of the 1969 regular session of the General Assembly; and for other purposes.
WHEREAS, there are several matters before the Milk and Milk Control Subcommittee of the Agriculture Committee which should be carefully studied and considered prior to the 1970 session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Milk and Milk Control Subcommittee of the Agriculture Committee is hereby authorized to function after final adjournment of the 1969 regular session of the General Assembly for the purpose of considering the bills before said subcommittee and for such other activities and studies as the subcommittee shall determine. The subcommittee may meet at such times and places and in such manner as the Chairman of said subcommittee shall determine. Each member of the subcommittee shall receive the expenses and allowances authorized by law for members of legislative interim committees and shall receive the same for such number of days as the Speaker of the House of Representatives shall authorize. The funds necessary to carry out this resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
HB 653. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain pro-

3220

JOURNAL OF THE HOUSE,

visions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Contractors; and for other purposes.

The following Senate amendment was read:
Senate Committee on Industry and Labor moves to amend HB 653 as follows:
By inserting in the title immediately after the words "so as to" and before the following: "to change certain provisions", the following.
"provide that those persons who are currently and efficiently engaged in the vocation of Plumber shall not have to take the examination required by this Act if satisfactory evidence as to qualifications is presented to and accepted by the Board on or before October 15, 1969."
And by redesignating Section 2 as Section 3, and adding a new Section 2, to read as follows:
"Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 which shall read as follows:
'Section 6. On or before October 15, 1969, each individual who wishes to qualify as a Master or Contracting Plumber shall make application to take the examination herein provided for, or, within the same period, shall furnish satisfactory evi dence (such as a current business license or Journeyman or Master or Contractor certificate) to said Board that such in dividual has successfully and efficiently engaged in said voca tion for a period of at least six (6) months. Each individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualification. Each individual who furnishes satisfactory evidence as to his qualifications on or before October 15, 1969, shall not have to take the examination required herein in order to be issued a license. The decision of the Board as to the qualifications of each said applicant shall be conclusive, in the absence of fraud. Each individual desiring to engage in said vocation after October 15, 1969, shall take the examination and qualify under this Act before engaging in said vocation or business.'"

The following House amendment to the Senate amendment was read and adopted:
Mr. Carnes of the 104th moves to amend the Senate amendment to HB 653 as follows:

WEDNESDAY, MARCH 26, 1969

3221

By changing the words "six (6) months" in line eight to read "eighteen (18) months".

Mr. Games of the 104th moved that the House agree to the Senate amend ment, as amended by the House.

On the motion to agree, the ayes were 116, nays 9.

The Senate amendment, as amended by the House, was agreed to.

HB 573. By Mr. Connell of the 79th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 573 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide for certain exceptions;".
By renumbering: Section 6 as Section 7.
By inserting following Section 5 a new Section 6 to read as follows:
"Section 6. Nothing contained within this Act shall apply to any city or county charging a license, permit or registration fee for mobile homes on the effective dates of this Act unless such county or city shall elect to come within the provisions of this Act."

Mr. Connell of the 79th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 118, nays 0.

The Senate amendment to HB 573 was agreed to.

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JOURNAL OF THE HOUSE,

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 56, known as the "Georgia Insurance Code", so as to make certain changes in regards to hospital care; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON SB 41
The Conference Committee on SB 41 recommends the following:
That the Senate and House both recede from their positions and adopt the attached substitute.
Respectfully submitted:
FOR THE SENATE: R. Eugene Holley Senator, 22nd District A. W. Holloway Senator, 12th District Billy Adams Senator, 26th District
FOR THE HOUSE OF REPRESENTATIVES:
Carr G. Dodson Representative, 82nd District
Devereaux McClatchey Representative, 113th District
J. Robin Harris Representative, 77th District
A BILL
To be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual contracts and certain group or blanket contracts of accident and sickness insurance provide benefits for hospital care, there may be included within the scope of coverage hospital care rendered on ac count of mental illnesses and hospital care when rendered by any psy chiatric hospital duly licensed by the State of Georgia; to provide that, when certain individual policies of accident and sickness insurance pro vide benefits for hospital care, there may be included within the scope of coverage hospital care rendered on account of mental illnesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to provide that when certain group or blanket policies of accident and sickness insurance provide for hospital care, there shall be included within the scope of coverage hospital care ren-

WEDNESDAY, MARCH 26, 1969

3223

dered on account of mental illnesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to provide for the inclusion of certain information in policies and identication cards in the event the policy does not cover mental illnesses; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 56 of the Code of Georgia, relating to insurance, as amended, is hereby amended by adding at the end of Code Section 56-1706, relating to extension of hospital service, the following:

"When an individual contract or a group or blanket contract of accident and sickness insurance, except contracts providing special coverage for limited diseases, accident protection only or dental contracts, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psy chiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the contract, a statement that the con tract does not cover mental illnesses shall be (1) printed in the con tract or stamped on the face of the contract or (2) printed or stamped on any identification card issued pursuant to any such contract."

Section 2. Said Title is further amended by adding at the end of Code Section 56-3016, relating to medical or surgical policies, the following:

"When an individual policy of accident and sickness insurance, except policies providing special coverage for limited diseases, accident protection only or dental policies, provides for hospital care, there may be included within the scope of coverage (1) hos pital care when rendered on account of mental illnesses and (2) hos pital care when rendered by any psychiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the policy, a statement that the policy does not cover mental illnesses shall be (1) printed in the policy or stamped on the face of the policy or (2) printed or stamped on any identification card issued pursuant to any such policy."

Section 3. Said Title is further amended by adding at the end of Code Section 56-3110, relating to medical or surgical policies, the following:

"When a group or blanket policy of accident and sickness in surance, except policies providing special coverage for limited diseases, accident protection only or dental policies, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psychiatric hospital duly li censed by the State of Georgia. If such coverage is not included in the policy, a statement that the policy does not cover mental ill nesses shall be (1) printed in the policy or stamped on the face of

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JOURNAL OF THE HOUSE,

the policy or (2) printed or stamped on any identification card issued pursuant to any such policy."

Section 4. Nothing contained within this Act shall be construed to affect any policy issued prior to the effective date of this Act.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Dodson of the 82nd moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the ayes were 22, nays 94.

The motion was lost, and the report of the Committee of Conference on SB 41 was rejected.

Mr. Dodson of the 82nd moved that the Speaker appoint a 2nd Committee of Conference on SB 41.

The motion prevailed, and the Speaker appointed as a 2nd Committee of Conference on the part of the House, the following members: Messrs. Harris of the 77th, Dodson of the 82nd and Clarke of the 33rd.

The following Resolution of the House was read and adopted:

HR 507. By Messrs. Bennett of the 71st, Peters of the 2nd, McDaniell of the 117th, Adams of the 100th and others.
A RESOLUTION
Commending Honorable Thomas B. Murphy; and for other purposes.
WHEREAS, Honorable Thomas B. Murphy, our distinguished col league from Post 1 of the 19th District, is widely recognized as one of the most able, respected, fair and effective members of the General Assembly of Georgia; and
WHEREAS, under the most trying circumstances of the 1969 ses sion of the General Assembly, he used his vast abilities and knowledge with great effectiveness as Administration Floor Leader when a lesser man, who did not have the profound respect and confidence of his colleagues which he enjoys, would have given up in despair; and

WEDNESDAY, MARCH 26, 1969

3225

WHEREAS, his great ability and energy have not been limited to his duties as Administration Floor Leader, because his wise counsel, keen insight and outstanding sense of justice and fair play have bene fited the members of the House on numerous occasions when measures other than the Administration's proposals were being considered; and

WHEREAS, he has served continuously as a member of the House of Representatives since 1961, which is not only a tribute to him, but also to the wisdom of the people who have elected him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby of ficially recognize Honorable Thomas B. Murphy as one of the most outstanding members of the General Assembly of Georgia and commend him for his great ability and dedicated service on behalf of the people of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Thomas B. Murphy.

The following message was received from the Senate through Mr. McWfeorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by requisite constitutional majority the following Bill of the House, to-wit:
HB573. By Mr. Connell of the 79th: A Bill to authorize the governing authority of each county and municipality to require a permit prior to a mobile home intended to be used as a residence being located within such county or munici pality; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, and Paris of the 14th: A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971, and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

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JOURNAL OP THE HOUSE,

HB 551. By Messrs. Parrar and Thomason of the 77th:
A Bill to amend an Act known as the "State Council for the Preserva tion of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Commission as a State agency and a budget unit of the State Government; and for other purposes.

HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and others:
A Bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bill of the House, to-wit:

HB 488. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act prohibiting the manu facture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fire works under certain conditions; and for other purposes.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:

HB 551. By Messrs. Farrar and Thomason of the 77th: A Bill to be entitled an Act to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide for a new short title; and for other purposes.
The following Senate amendment was read:
The Senate Agriculture and Natural Resources Committee moves to amend HB 551 as follows:
By deleting (8) of quoted Section 3 of Section 4 in its entirety and inserting in lieu thereof the following:
"(8) One representative from the Regional Area Planning and Development Commissions to be appointed by the State Planning Advisory Committee for a term to be determined by said Com mittee."

WEDNESDAY, MARCH 26, 1969

3227

and by deleting (9) of quoted Section 3 of Section 4 in its entirety and inserting in lieu thereof the following:

"(9) Two representatives from the State Senate, one of whom shall be the Chairman of the Senate Agriculture and Natural Resources Committee and the other the Chairman of the Game and Fish Subcommittee of the Senate Agriculture and Natural Resources Committee and shall serve for a term to be determined by the Lieutenant Governor."

Mr. Farrar of the 77th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 99, nays 2.
The Senate amendment to HB 551 was agreed to.

HB 287. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 287 as follows:
By striking the figure "9,000.00" from Section 3 and inserting in lieu thereof the figure "8,001.00".
By striking the figure "10,800" from Section 5 and inserting in lieu thereof the figure "6,500".
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. It shall be the duty of the Ordinary of Camden County to issue the call for an election for the purpose of sub mitting this Act to the voters of Camden County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Camden County. The ballot shall have written or printed there on the words:

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JOURNAL OF THE HOUSE,

'For approval of the Act consolidating the offices of tax receiver and tax collector of Camden County into the office of tax commissioner and placing the tax commissioner of Camden County upon an annual salary of $8,001.00 and providing that the total compensation to be paid by the county for all per sonnel to assist the tax commissioner in discharging the of ficial duties of his office shall not exceed $6,500.00 during any one calendar year, all to become effective January 1, 1973.
'Against approval of the Act consolidating the offices of tax receiver and tax collector of Camden County into the office of tax commissioner and placing the tax commissioner of Camden County upon an annual salary of $8,001.00 and pro viding that the total compensation to be paid by the county for all personnel to assist the tax commissioner in discharging the official duties of his office shall not exceed $6,500.00 during any one calendar year, all to become effective January 1, 1973.*
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Camden County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Harrison of the 66th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 287 was agreed to.

HB 488. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act prohibiting the sale of fireworks, so as to permit the sale of fireworks under certain condi tions; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, approved February 6, 1962

WEDNESDAY, MARCH 26, 1969

3229

(Ga. Laws 1962, p. 11), so as to permit the manufacture, sale, poossession, storage and distribution of certain fireworks under certain condi tions; to provide for an annual license fee; to authorize and direct the Inspection Division of the Georgia State Department of Labor to pro mulgate safety regulations; to provide for inspections by the State Fire Marshal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act prohibiting the manufacture, sale, possession and discharge of fireworks, approved February 6, 1962 (Ga. Laws 1962, p. 11), is hereby amended by adding at the end of Section 4 a new sub section to be numbered subsection (4) and to read as follows:

"(4) The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation and storage of any such fireworks by any manufacturer thereof; the possession, transportation or distribution of any such fireworks to a distributor located outside the State of Georgia; the sale of such fireworks by any such manufacturer to a distributor located out side the State of Georgia; or the possession and transportation of such fireworks by any manufacturer or contract or common carrier from the point of manufacture within the State of Georgia to any point without the State of Georgia."

Section 2. Said Act is further amended by adding between Section 4 and Section 5 a new Section to be designated Section 4A to read as follows:

"Section 4A. The annual license fee for any person, firm or corporation conducting business in Georgia under the provisions of subsection (4) of Section 4 shall be $1,000.00 per year, payable to the State Treasurer. The license shall expire on December 31st of each year. The Inspection Division of the Georgia State Department of Labor is hereby authorized and directed to promulgate safety regulations relating to the manufacture, storage and transportation of fireworks within the State of Georgia to insure the adequate protection of the employees of any such person, firm or corpora tion and the general public. The State Fire Marshal is hereby authorized and directed to conduct periodic inspections of the fa cilities of any person, firm or corporation, manufacturing, storing and transporting fireworks as provided herein to insure com pliance with fire safety rules and regulations."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Edwards of the 45th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 111, nays 1.

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JOURNAL OF THE HOUSE,

The Senate substitute to HB 488 was agreed to.

HB 603. By Messrs. Paris of the 14th, Harris of the 10th and others:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Highways moves to amend HB 603, as follows:
By striking from the title, the following:
"so as to change the schedule of the points to be assessed for certain offenses; to reduce the violation point count necessary to suspend a license; to reduce the period of time within which such points must be accumulated;",
and inserting in lieu thereof the following:
"so as to change the provisions relating to the removal of points from the record;".
Mr. Paris of the 14th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 111, nays 0.
The Senate amendment to HB 603 was agreed to.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th: A Bill to amend Code Section 114-112, relating to the liability of prin cipal, intermediate, or sub-contractors, so as to provide the extent of

WEDNESDAY, MARCH 26, 1969

3231

liability of the principal, intermediate, and sub-contractors; and for other purposes.

HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.

HB 186. By Mr. Murphy of the 19th:
A Bill to amend an Act establishing the "Employees' Retirement Sys tem of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney of any Judicial Circuit, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall as a matter of right be entitled to continue his membership; and for other purposes.

HB 199. By Mr. Barber of the 15th:
A Bill to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employment of retired mem bers; and for other purposes.
HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for issuing new birth certificates that are not marked amended; and for other purposes.
HB 280. By Mr. Lambert of the 25th: A Bill to amend Code Section 92-3211, relating to late, false and fraudulent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.
HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A Bill to amend Code Section 92-1403 of the Georgia Code of 1933, re lating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 428. By Messrs. Matthews of the 63rd and Hudson of the 48th:
A Bill to be known as the "Dead Animal Disposal Act"; to provide for the disposition of dead animals and parts thereof; and for other purposes.

HB 435. By Messrs. Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd:
A Bill to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.

HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th:
A Bill to provide in certain counties of this State it shall be un lawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded or electronically amplified imitations of calls or sounds; and for other purposes.
HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A Bill to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied which is also levied and collected by the State Revenue Commissioner; and for other purposes.
HB 590. By Mr. Alexander of the 108th:
A Bill to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
HB 630. By Messrs. Cook, Horton, Felton, Gates and Hawes of the 95th, Egan of the 116th and others:
A Bill to amend an Act establishing a new Charter for the City of Atlanta, so as to provide by ordinance for the establishment of reason able fees chargeable to the general public, or any reasonable class thereof, for admission to the zoo; and for other purposes.
HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th, Connell of the 79th and others:
A Bill to amend Code Chapter 24-8, relating to constables, so as to provide for appointment of constables by the justice of the peace in each militia district; and for other purposes.

WEDNESDAY, MARCH 26, 1969

3233

HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill providing for a new Criminal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; and for other purposes.

HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A Bill to create the Lake Lanier Islands Development Commission as a commission and agency of the State Government; and for other purposes.

HB 818. By Mr. Jordan of the 55th:
A Bill to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.

HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A Bill to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for taking of testimony of any person, including a party by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in person at the hearing; and for other purposes.

HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to amend an Act approved March 16, 1966, relating to the de termination of income taxes on compensation of certain armed forces personnel to provide for the abatement of income taxes of deceased members of armed forces engaged in Vietnam combat zones; and for other purposes.

HB 906. By Messrs. Williams, Wood and Cooper of the llth:
A Bill to amend an Act creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.

HB 1010. By Messrs. Gunter and Moore of the 6th:
A Bill to amend an Act creating the North Georgia Mountains Au thority, so as to further define the term "project", as used in said Act; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 866. By Mr. Hale of the 1st:
A Bill to authorize any court of competent jurisdiction to require the posting of a bond, with surety approval by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, construction, improving etc., of any public im provement, project, or facility or the creation, organization, or in formation of any political subdivision; and for other purposes.

HB 877. By Mr. Murphy of the 19th:
A Bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said Department, and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:

HR 134-375. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Mr. T. L. Hodges, Jr., and for other purposes.

HR 234-682. By Messrs. Chandler and Harrington of the 34th:
A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes.

HR 270-825. By Mr. Brantley of the 114th: A Resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes.
HR 273-825. By Messrs, Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th: A Resolution creating an interim Study Committee to study the pos sible needs for legislation requiring the licensing of clinical labora tories, tissue banks, blood banks, laboratory schools and clinical labora tory personnel; and for other purposes.
The Senate has adopted the following Resolution of the House, to-wit:

WEDNESDAY, MARCH 26, 1969

3235

HR 461. By Messrs. Knapp. Pinkston, Keen and Evans of the 81st, Fallin and Bostick of the 63rd and many, many others:
A Resolution commending the Honorable Gail Carver; and for other purposes.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones of the 84th and others:
A Bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:

HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 653. By Mr. Games of the 104th:
A Bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Contractors; and for other purposes.

HB 71&. By Messrs, Harris of the 77th and Lee of the 61st:
A Bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.

The Senate has agreed to the House amendment to the following Bills and Resolution of the Senate, to-wit:

3236

JOURNAL OF THE HOUSE,

SB 128. By Senator Coggin of the 35th:
A Bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons & Paroles shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with applicable provisions set forth in "Georgia Administrative Procedure Act"; and for other purposes.

SB 259. By Senator London of the 50th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Com missioners of Fannin County to consist of a Chairman and two other members; to repeal conflicting laws; and for other purposes.

SR 84. By Senator Kidd of the 25th:
A Resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retire ment funds in home mortgages; and for other purposes.

The Senate has appointed a second Committee of Conference on the follow ing Bill of the Senate, to-wit:

SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A Bill to amend Code Title 56 known as the "Georgia Insurance Code", to make certain changes in regards to hospital care; and for other pur poses.

The president has appointed on the part of the Senate the following Senators: Holley of the 22nd, Holloway of the 12th, and Maclntyre of the 40th.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 75. By Senator Bateman of the 27th:

A Bill creating the Bibb County Board of Education, so as to change

the method of approving appointments by the Board and which strikes

;

the language pertaining to full-time employees having outside jobs;

and for other purposes.

WEDNESDAY, MARCH 26, 1969

323T

The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House, to-wit:

SB 104. By Senator Eldridge of the 7th:
A Bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.

SB 281. By Senator Holley of the 22nd:
A Bill to amend Code Chapter 84-2, relating to certification of ac countants, so as to provide that the members thereof may succeed themselves; and for other purposes.

HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th and others:
A Bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; and for other purposes.

HB 436, By Mr. Vaughn of the 74th:
A Bill to amend an Act known as the Georgia Highway Authority Act, so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.

Under the provisions of SR 180, the Speaker announced the House adjourned sine die.
Representative Hall, Atlanta, Georgia Wednesday, March 26, 1969

The following Interim Committee reports were received:

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE AUTOMOBILE AND TRUCK LICENSE STUDY COMMITTEE
(House Resolution No. 815)
THE COMMITTEE
Honorable Harry D. Dixon, Chairman Representative, 83rd District
Honorable Gerald H. Leonard, Vice-Chairman
Representative, 3rd District
Honorable Howard Kaylor, Secretary Representative, 4th District
Honorable Clayton Brown, Jr. Representative, 34th District
Honorable Johnnie L. Caldwell Representative, 51st District
Honorable S. D. Nimmer Representative, 84th District
Honorable Robert C. Pafford Representative, 97th District
Honorable J. R. Smith Representative, 44th- District
January, 1969
REPORT OF THE AUTOMOBILE AND TRUCK LICENSE STUDY COMMITTEE
INTRODUCTION
This Committee was created pursuant to House Resolution No. 815 and was charged with the responsibility of studying House Bill 593, which was pending in the 1967-68 General Assembly, as well as the entire field of motor vehicle licensing. Basically House Bill No. 593 changed the present method of licensing motor vehicles, which is based upon the criteria of weight, to an axle basis of licensing. Under House Bill No. 593, a vehicle which possessed two axles would comprise one classification and a vehicle which possessed three axles would comprise a different classification and so on. This method of licensing has the virtue of providing those charged with the responsibility of policing the licensing of the heavier trucks an easier administering program, as well as reducing the number of tag classifications from several thousand down to five. Additionally, the license fee required of the larged motor vehicles would have been substantially reduced. Under this bill there would have been one automobile tag and its fee would have been $10. Based upon current registration figures available, the State of Georgia would have suffered a revenue loss of approximately one million dollars

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under this bill, and the presently recognized equity of fees based on the use of the license would have been disturbed.

WORK OF THE COMMITTEE

During the course of the Committee's study, the Committee met with representatives of the Revenue Department, the trucking industry high way users groups and the members of the general public, in order to avail themselves of all possible sources of information concerning the subject under study by the Committee. It was brought to the attention of the Committee that, under the present system of inventorying large supplies of tags in each county, a substantial wastage occurs annually through the necessity of overordering. This results in approximately 250,000 tags being manufactured at an approximate cost of $37,000 in the State of Georgia which are never used each year. Eliminating the practice of having a distinctive county prefix number on the tag would eliminate the costly practice of over manufacturing and would reduce the number of tag classifications by 2,385.

Inasmuch as safety legislation passed by the General Assembly in 1968 provides for the reflectorization of license plates, the Committee undertook a study of the advisability of providing a five-year reflectorized license plate with annual revalidation effected by adhesive sticker which would be affixed to the license plate. Under the existing laws, license plates are required to be reflectorized for the years 1970-71; however, it came to the attention of the Committee that problems have arisen concerning the funding required to produce a worthwhile reflec tive product, and it is the information of the Committee that license plates for the year 1970, which will shortly go into production by the prison industries, will not be reflectorized.

Under the present licensing procedures and requirements, a tre mendous amount of paper work is required to administer our licensing laws. In order to provide for a more efficient licensing procedure, the Committee undertook a study of all available means which could be employed to reduce the number of tag classifications. The most effective and economical measures considered were the adoption of five-year license plates and the elimination of the county prefix.

At the present time, motor vehicle license plates are manufactured on a yearly basis by the prison industries at its facility at the Reidsville State Prison. This single industry accounts for a substantial por tion of the income derived by the prison industries, and if it were to be reduced, it is a well recognized fact that the lost income will have to be made up elsewhere. The Committee is of the opinion that, if it is neces sary, a direct appropriation in the nature of a subsidy would be advis able in order that the State might enjoy the advantages and resulting economies of a five-year tag. At the present time, approximately $200,000 in new equipment is in the process of being obtained to manufacture tags. A five-year reflectorized tag can be produced by the prison indus tries with a relatively small additional capital investment to the newly acquired manufacturing facilities at Reidsville.

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FINDINGS OP THE COMMITTEE

The Committee is of the opinion that our present licensing laws and procedures result in wasteful practices and costly inefficiencies. In order to streamline the licensing process, the Committee will sponsor legisla tion, the main features of which are as follows:

1. Provide for a five-year reflectorized license plate which requires annual validation through adhesive revalidation stickers.

2. Reclassify the data currently required to be shown on the face of the license plate.

3. The elimination of the county prefix on the license plate.

4. In lieu of the county prefix, the Committee proposes that the Revenue Commissioner furnish to each county tag agent, without cost to the motorist, reflectorized adhesive decals upon which are imprinted the name of the county, so that for those motor vehicle owners desiring to do so, the name of their county will appear on the license plate.

5. A reduction in the classifications of automobile license plates from 795 to two, and that the registration for all automobiles not more than 3,500 Ibs. be $7.50, and for all automobiles in excess of 3,500 Ibs. $12.50.

CONCLUSIONS

If this bill is adopted, based upon current registration figures, the State of Georgia will receive an annual increase in revenue from vehicle registration fees of approximately $3,182,670 over the approximate $26,500,000 currently collected. In addition, it is estimated that an addi tional $385,000 savings, over a five-year period, will result from a streamlining in the administration of the motor vehicle licensing laws which this legislation will make possible as a result of reduction in the number of license tags which must be purchased.
Respectfully submitted, /s/ Harry D. Dixon, Chairman
Representative, 83rd District /s/ Gerald H. Leonard, Vice Chairman
Representative, 3rd District /s/ Howard Kaylor, Secretary
Representative, 4th District /s/ Clayton Brown, Jr.
Representative, 34th District /s/ Johnnie L. Caldwell
Representative, 51st District /s/ S. D. Nimmer
Representative, 84th District /s/ Robert C. Pafford
Representative, 97th District /s/ J. R. Smith
Representative, 44th District

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

JOINT REPORT OF THE SENATE AND HOUSE OF REPRESENTATIVES
AVIATION STUDY COMMITTEES

SENATE
Honorable Frank Eldridge, Jr. Senator, 7th District, Chairman
Honorable Brooks Pennington, Jr. Senator, 45th District
Honorable H. McKinley Conway, Jr. Senator, 41st District
Honorable A. W. Holloway Senator, 12th District
Honorable Robert A. Rowan Senator, 8th District
HOUSE OF REPRESENTATIVES
Honorable J. Crawford Ware Representative, 42nd District, Chairman
Honorable George D. Busbee Representative, 79th District
Honorable Donald E. Cheeks Representative, 104th District
Honorable Nathan D. Dean Representative, 20th District
Honorable James H. Floyd Representative, 7th District
Honorable Guy Hill Representative, 121st District
Honorable Wm. J. Lee Representative, 35th District
Honorable James W. Paris Representative, 23rd District
Honorable William A. Sims Representative, 131st District
Honorable Mac Pickard Representative, 112th District
January, 1969
INTRODUCTION
The Senate Aviation Study Committee was created by the President of the Senate pursuant to the authority vested in him under Senate

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Resolution No. 283. The President of the Senate appointed the following members of the Senate to the Committee:
Honorable Frank Eldridge, Jr. Senator, 7th District
Honorable Brooks Pennington, Jr. Senator, 45th District
Honorable H. McKinley Conway, Jr. Senator, 41st District
Honorable A. W. Holloway Senator, 12th District
Honorable Robert A. Rowan Senator, 8th District

Senator Frank Eldridge, Jr., was appointed Chairman of the Com mittee by the President of the Senate.

The House of Representatives Aviation Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 889. The Speaker appointed the following members of the House of Representatives to the Committee:
Honorable J. Crawford Ware Representative, 42nd District
Honorable George D. Busbee Representative, 79th District
Honorable Donald E. Cheeks Representative, 104th District
Honorable Nathan D. Dean Representative, 20th District
Honorable James H. Floyd Representative, 7th District
Honorable Guy Hill Representative, 121st District
Honorable Wm. J. Lee Representative, 35th District
Honorable James W. Paris Representative, 23rd District
Honorable Mac Pickard Representative, 112th District
Honorable William A. Sims Representative, 131st District

Representative J. Crawford Ware was elected Chairman by the members of the Committee.

FINDINGS

General
The Senate and House Aviation Study Committees were created to conduct a study of the Aviation Industry in the State of Georgia. The Committees heard testimony from federal, state, municipal, private and industrial aviation officials which indicated that the aviation industry is one of the fastest growing industries in the United States. The Com-

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mittees obtained information from the Motor Fuel Tax Division of the State Revenue Department which showed that one segment of the avia tion industry, general aviation, obtained refunds on 6,146,927 gallons of gasoline for the fiscal year ending June 30, 1962, and for the fiscal year ending June 30, 1968, the general aviation industry obtained refunds on 17,958,994 gallons. This is an indicator of the growth of one segment of the aviation industry.

Licensing, certification or classification of airports
The Committees review the legislation in other states which license, certify or classify airports. Among the main reasons for licensing, cer tifying or classifying airports are safety and convenience of the public. The State, with enabling legislation, would be in a position to enforce certain minimum standards before an airport could be licensed, certified or classified and listed on the Georgia Aeronautical Chart. It was brought out that the owners of some airports would be against licensing, certifying or classifying because of the liability involved.
Aviation economic impact study
In exploring the idea of an aviation economic impact study the Committees requested the Bureau of Business and Economic Research at Georgia State College to present a proposal including cost data for undertaking a study of "The Contributions of 'Air Industries' to the Economy of Georgia". Mr. Robert L. Chaffin appeared before both Committees and reviewed the concept of such an impact study and esti mated that it would cost $13,950. Mr. Chaffin stated that the project could be completed in approximately four months. This study would evaluate the economic impacts of the following "air industry groups":
(1) Aircraft manufacturers;
(2) Distributors of aircraft, aircraft parts and components;
(3) Common, feeder and nonscheduled air carriers;
(4) Aircraft service operations for air carriers; business and pri vate aircraft and flight training;
(5) Selected airports, including operations construction;
(6) Government Aviation Agencies; and
(7) General aviation.

The proposed study would document the level of employment and payrolls in "air industries" in Georgia. The flow of employment and income streams through the State's economy would be traced, including impacts on population, number of families, school enrollments, automo bile registration, retail sales, personal income and selected tax receipts. Georgia Civil Air Patrol
The officers of the Georgia Civil Air Patrol explained to the Com mittees the need for State assistance in connection with their activities which are primarily air rescue operations but include close cooperation

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with Civil Defense authorities in times of disaster. At present, the mem bers of the CAP are defraying the expenses for all activities connected with the CAP, except for the limited assistance provided by the United States Air Force. The CAP officials furnished the Committees with information which disclosed that over half the states in the United States appropriate state funds to support the Civil Air Patrol. However, it is felt that it will be necessary to amend the Constitution before Geor gia can participate financially in CAP activities.

Registration of aircraft

Sixteen states register aircraft and the fees charged for such regis tration are in lieu of personal property taxes. Arizona, for example, charges 1.5% of the manufacturers' list price on a new airplane for the first year and 1% of the market value thereafter. Georgia does not have the statutory authority to register aircraft and it will be necessary to amend the Constitution before this can be accomplished.

Separate Aviation Department or Aeronautical Commission

Quite a number of states have created a separate aviation depart ment or aeronautical commission. While the Committees did not have time to full explore this proposition, it is believed that the proposal merits serious consideration since the aviation industry in Georgia con tinues to keep pace with or surpass the national average.

Continuation of Committees

The Senate Committee thinks that the work of their interim com mittee should be continued but feels that another interim committee should be created to carry out the work.

The House Committee is of the opinion that the work of their interim committee should be continued and feels that it can best be handled by a subcommittee of the Standing Defense and Veterans Af fairs Committee. A subcommittee of a standing committee will give continuity of membership and allow the subcommittee to function dur ing the session as well as during the interim.

Air Cargo

It was pointed out to the Committees by aircraft manufacturing officials that the air cargo industry is increasing at the rate of about 15% a year. Many industries presently transporting freight by water, rail and highways are considering air freight. Air freight is in a down price trend while every other mode of transportation is in an up price trend. The 747 jumbo jet and the commercial version of the Lockheed C-5A should acclerate this price trend.

Federal airport funds

During their hearings, the members of the Committees were in formed that the possibility exists that the State may not obtain any

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matching federal funds for airport projects during the next fiscal year because of the cutback in federal funds.

State Department of Air Transportation

The General Assembly enacted an Act creating the State Depart ment of Air Transportation during the 1968 Session and the Governor approved the Act on March 8, 1968. However, no funds were appropri ated to operate the department. The Chairman of the Senate and House Aviation Study Committees and several members of the House Com mittee met with the Governor, Lieutenant Governor and Speaker of the House on December 23rd to discuss the possibility of activating the State Department of Air Transportation but the meeting was inconclusive. However, at a subsequent meeting the Governor agreed to activate the department and to include an appropriation of $232,000 in the budget report for the fiscal year 1970 to operate the department.

In reviewing the Act creating the department, the Committees dis covered that the Governor and the Director of the Budget are desig nated as ex officio voting members of the State Board of Air Transpor tation. This was apparently a mistake because the Governor and the Director of the Budget are the same. The authors intended to designate the State Budget Officer. The Committees plan to offer an amendment to the Act creating the department to correct this oversight.

RECOMMENDATIONS

The Committees recommend the following:

1. That further study be given to the proposal concerning the licensing, certification or classification of airports.

2. That an additional $13,950 be appropriated to the Aviation Divi sion of the Department of Industry and Trade to be utilized exclusively to contract with the Bureau of Business and Economic Research at Georgia State College for a study of "The Contributions of 'Air Indus tries' to the Economy of Georgia".

3. That the General Assembly pass a resolution proposing an amendment to the Constitution to authorize the State of Georgia to appropriate State funds to the Georgia Civil Air Patrol to assist them in connection with their activities.

4. That further study be given to the creation of a separate avia tion department or aeronautical commission.

5. That the General Assembly pass a resolution proposing an amendment to the Constitution to authorize the registration of aircraft and the collection of registration fees in lieu of personal property taxes.

6. That a separate subcommittee be established under the House Standing Defense and Veterans Affairs Committee to handle the work previously assigned to the Interim Aviation Study Committee.

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7. That an interim committee be created by the President of the Senate to continue the work of the 1968 Senate Aviation Study Com mittee.

8. That the Senate and House Committees assigned to study the aviation industry in Georgia in 1969 place more emphasis in air cargo and the facilities needed to accommodate this expanding segment of the aviation industry.

9. A $500,000 appropriation to the State Highway Department for airport projects, to be designated. As pointed out in the report, there is a possibility that the State may not obtain any matching federal funds for airport development during the next fiscal year. However, the Com mittees do not think that the State should wait for federal funds to con tinue the airport development and maintenance programs within this State. Priority should be given to projects which qualify for matching funds from the federal government and from local sources. However, priorities should have an expiration date so that another deserving project will not be held back because a community has federal funds available and is not moving to use such funds.

10. That the General Assembly approve the $232,000 appropriation to the State Department of Air Transportation recommended by the Governor for the fiscal year 1970.

11. That the General Assembly enact the amendment to the Act creating the State Department of Air Transportation to designate the State Budget Officer instead of the Director of the Budget as an ex officio voting member of the board.

ACKNOWLEDGMENTS
The members of the Committees wish to express their sincere appre ciation to these persons who appeared and testified at the meetings of the Committees.
Respectfully submitted, /s/ Frank Eldridge, Jr., Chairman
Senator, 7th District /s/ J. Crawford Ware, Chairman
Representative, 42nd District

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3247

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE BUDGET PROCEDURE OF THE BOARD OF REGENTS STUDY COMMITTEE. (House Resolution No. 817)

THE COMMITTEE
Honorable Chappelle Matthews Representative, 16th District
Honorable George D. Busbee Representative, 61st District
Honorable Philip M. Chandler Representative, 34th District
Honorable James H. Floyd Representative, 7th District
Honorable Maddox Hale Representative, 1st District
Honorable Charles M. Jones Representative, 59th District
Honorable E. Roy Lambert Representative, 25th District
Honorable Quimby Melton, Jr. Representative, 32nd District
Honorable J. Roy McCracken Representative, 36th District
Honorable Emory L. Rowland Representative, 42nd District

February, 1969

INTRODUCTION

The members of the 1968 General Assembly were informed that the budget ing procedures used by the Board of Regents were less than adequate and were creating problems within and without the University System. As a result of this information, the members of the House of Representatives saw fit to enact House Resolution No. 817 which created the Budget Procedure of the Board of Regents Study Committee and which charged the Committee to study all matters relative to the budget procedure used by the Board of Regents and to recommend methods for improving the said procedure.

THE COMMITTEE'S FINDINGS

The Committee is convinced that the System as it now operates offers the State of Georgia the best opportunity for making maximum use of every dollar invested in higher education. The present methods of allocation and utilization of funds allows for the maximum overall development of a total system of higher education from the junior colleges through the universities. It keeps these in stitutions from being in competition with each other at the legislative level and does away with the unnecessary duplication of programs within the System. The Committee is impressed with the manner in which funds are allocated, controlled,

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and monitored so that at any time information is available to all persons regard ing how State funds are being spent in higher education.

Leadership at the Regents' level is excellent and this Committee expresses its confidence in that leadership.

THE COMMITTEE'S RECOMMENDATIONS
The Committee recommends no change in the current methods of allocating and controlling State resources for the needs of higher education.
Respectfully submitted,
/s/ Chappelle Matthews Chappelle Matthews Representative, 16th District
/s/ George D. Busbee George D. Busbee Representative, 61st District
/s/ Philip M. Chandler Philip M. Chandler Representative, 34th District
/s/ James H. Floyd James H. Floyd Representative, 7th District
/s/ Maddox Hale Maddox Hale Representative, 1st District
/s/ Charles M. Jones Charles M. Jones Representative, 59th District
/s/ E. Roy Lambert E. Roy Lambert Representative, 25th District
/s/ Quimby 'Melton, Jr. Quimby Melton, Jr. Representative, 32nd District
/s/ J. Roy McCracken J. Roy McCracken Representative, 36th District
/s/ Emory L. Rowland Emory L. Rowland Representative, 42nd District

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
********

REPORT OF THE COMPUTERIZED CRIMINAL RECORDS STUDY COMMITTEE
(Senate Resolution No. 110)
********

THE COMMITTEE
HOUSE
Honorable Rodney M. Cook, Chairman Representative, 9th District
Honorable A. Wallace Cato Representative, 68th District
Honorable Leon Farmer, Jr. Representative, 16th District
SENATE
Honorable Hugh M. Gillis Senator, 20th District
Honorable Cyrus M. Chapman Senator, 32nd District
Honorable Jack L. Stephens Senator, 36th District

January, 1969
REPORT OF THE COMPUTERIZED CRIMINAL RECORDS STUDY COMMITTEE
The State of Georgia has invested approximately six and one-half million dollars in the purchase of data processing equipment. In addition to this figure, each year there is expended, by the various departments and agencies of the State Government, an additional four million dollars on the rental of such equip ment, and an additional four and one-half million dollars is required to com pensate the personnel required to maintain and operate this equipment.
The magnitude of the figures set forth above will expand rapidly in the near future as the pressure to process more data is exerted upon the various State

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departments. It has been brought to the attention of this Committee that at this session of the General Assembly, there will be requests for significant appropria tions for some departments to acquire data processing equipment.

The history of the utilization of computers by State Government discloses that in the design of the informational and data processing systems, there is never any attempt made whatsoever to coordinate the design of such systems with the informational needs and requirements of other departments which might utilize or share the information developed by the department. The history also reveals that there is no attempt to cooperate or establish any sharing of these systems. The result of this development is that the State of Georgia now finds itself with a significant investment in data processing equipment, programs and personnel without any consideration having been given to the compatibility of the design of such systems.

This is the third year which this Committee has undertaken a study for the development of a program in the State Government which will provide a co ordinated and centralized repository of information in the criminal justice area. The previous reports of this Committee have well documented the urgent need and benefits which will flow from such a concept. They will not be repeated here, but should be referred to by those who are interested.

The first step to be taken in providing a coordinated and compatible informa tion system is a thorough analysis of the informational requirements of the various departments having criminal justice responsibility. After the initial survey of the informational needs, and, based upon the results, the study should recommend a long-range plan for the development of an efficient and well func tioning informational system with recommendations for the implementation of such a program in increments because of the high initial cost of implementing such systems. It is estimated that this study for the State of Georgia can be accomplished for approximately $100,000. The need for such a coordinated ap proach to the data processing and information system design is established good business practice. Unless the funds are made available and a long-range plan is developed, the State will continue to expend funds on uncompatible and duplicitous data processing and informational systems design. Each year of delay will compound the existing problem which is already significant.

RECOMMENDATIONS
It is the recommendation of this Committee that the sum of $100,000 be appropriated to the Department of Law for the purpose of commencing the design of the initial phase of this informational system. The study should be conducted by experts in such matters. It is the recommendation of this Com mittee that those charged with the responsibility of conducting such study in clude in their recommendations suggestions as to how the informational needs in the criminal justice area would best be served--that is, should the repository of data be the responsibility of an existing department of the Government, or should a service agency be created and given this assignment as its sole responsi bility? The mere fact that this Committee recommends that the appropriation

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be made available to the Department of Law, for the purpose of funding the study, is not to be construed as any recommendation or suggestion that this department should, or would, serve as the central repository for information in the criminal justice area. This question should be passed upon after the initial phase of the informational system design is completed.

Respectfully submitted,
/s/ Rodney M. Cook Rodney M. Cook, Chairman Representative, 95th District

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE COMMITTEE TO STUDY THE REGULATION OF CEMETERIES
THE COMMITTEE
Honorable G. D. Adams, Jr. Representative, 125th District Chairman Honorable William J. Cox Representative, 127th District Honorable A. T. Mauldin Representative, 18th District Honorable George W. Potts, Representative, 33rd District Honorable Virgil T. Smith Representative, 3rd District
December, 1968
REPORT OF THE COMMITTEE TO STUDY THE REGULATION OF CEMETERIES
(House Resolution No. 801)
REASON FOR THE COMMITTEE'S CREATION
Prior to the formation of the Committee to Study the Regulation of Ceme teries, many members of the General Assembly were informed by their con-

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stituents of certain inequities associated with several cemeteries in Georgia. In many cases, elderly men and women had signed agreements whereby they were sold cemetery lots and promised care and maintenance of their grave spaces for all time; but, as the years passed, the friends and relatives of the now de ceased men and women found that the grave spaces were uncared for. Grass and weeds had overtaken the cemetery, and the once beautiful land had fallen into hopeless disarray.

In a few instances, the friends and relatives found it difficult to even locate the whereabouts of their loved ones' grave spaces because the grass and weeds had overgrown the markers.

In another instance a relative decided to take legal action, but found that the cemetery owner had sold all his grave spaces and left the State with the money obtained from the elderly people. Without someone to sue, there could be no meaningful recovery in court, so the relative was left without a remedy.

As a result of cases like these, Representatives A. T. Mauldin and Virgil Smith introduced a bill in the General Assembly in 1965 which was designed to insure that perpetual care contracts sold by commercial cemeteries would be enforceable. The bill passed the House, but was amended in the Senate in such a manner that Representative Mauldin felt that its legislative scheme was destroyed. Consequently, Representative Mauldin asked that the House reject the Senate amendments, and the bill died a quiet death.

In 1968, Representative G. D. Adams was informed by several of his con stituents of the deplorable condition that several cemeteries in the State had fallen into. After touring some weed-infested and sometimes hidden grave sites, Representative Adams introduced a Resolution into the General Assembly calling for the creation of a five-man interim committee to study the problems as sociated with cemeteries and to propose legislation designed to remedy these problems.

Pursuant to Representative G. D. Adams' Resolution (House Resolution No. 801), the Speaker appointed Representatives G. D. Adams, A. T. Mauldin, Virgil Smith, William Cox and George Potts to the Committee in order that they could discern the problems associated with perpetual care cemetery sales and propose meaningful legislation designed to aid the unwary buyer.

THE COMMITTEE'S INVESTIGATION
The Committee decided to use its ten days in the most efficient manner possible. Three approaches were planned and executed as follows:
First, the Committee called upon experts in the cemetery field to help in defining the problem that exists. Prominent attorneys involved in litigation against cemeteries were consulted, as were cemetery owners and suppliers, and members of the Cemetery Association. These men were helpful in pointing out many inequities. The Committee scheduled a public hearing in order to provide a forum for the people of Georgia who have been harmed by cemetery practices to air their views.

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The testimony by experts and the pleas for aid by many men and women confirmed that there is a need for State legislation to regulate cemeteries and to provide a remedy for the unwary buyer.

Second, the Committee studied the bill introduced by Representative A. T. Mauldin and Virgil Smith to see if they could be used in part to remedy the ills now existing. The Committee studied the bill with an eye towards eliminating the features which caused the Senate to amend it. More particularly, the Com mittee decided not to seek the creation of a Board or Commission to oversee cemeteries. The Committee also decided not to propose any legislation which would affect municipally owned-cemeteries, fraternal cemeteries, church ceme teries or family burial grounds.

Third, after putting together a rough draft of the proposed legislation, the Committee met with members of the Georgia Cemetery Association. The draft was picked apart, line by line, until it was satisfactory to the Committee and the men from the Association. The proposed bill was then presented to the Secretary of State, Ben Portson, for his comments. Mr. Fortson stated to the Committee that he would accept the responsibility given him by the bill.

THE COMMITTEE'S PROPOSAL
The Committee's investigation revealed that many people bought ceme tery lots assuming that the lots would be cared for by the cemetery owner. People looking at the proposed lot would see a beautifully kept cemetery, but the contract would be silent as to perpetual care. To put the unwary buyer on notice that the cemetery does not offer perpetual care, the Committee decided to require each cemetery which does not offer perpetual care to state, in bold type, in the contract that it does not offer perpetual care. Also, these cemeteries are to place signs at the entrance to the cemetery stating that the cemetery does not offer perpetual care.
The Committee's investigation also revealed that there are many cemeteries which in good faith sold lots and promised perpetual care, but, as the years passed, the cemetery owners themselves passed away. No one took over the deceased owners' responsibilities, thus the cemeteries became run down. Also, as stated earlier, there have been dishonest cemetery owners who have sold perpetual care contracts without any intention of fulfilling their part of the bargain once the whole cemetery has been sold. To remedy these problems, the Committee is proposing that each cemetery promising perpetual care be required to create a trust fund with a corpus of $5,000. The first $5,000 in income from the trust will go to the owner of the cemetery--to reimburse him for money deposited in the trust fund. From then on, the interest from the fund would be paid to the cemetery to be used exclusively in caring and maintaining the perpetual care lots.
The perpetual care cemeteries are required to register with the Secretary of State and pay an annual fee of $25.00. Non-perpetual care cemeteries will register and pay a one-time only fee of $5.00.
The Secretary of State will oversee the cemeteries and enforce the pro visions of the bill.

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Criminal penalties are provided in order to insure compliance with the pro visions of the bill and the rules and regulations promulgated by the Secretary of State.

The Committee's proposed bill is attached hereto and made a part of this report.

Respectfully submitted,
G. D. Adams, Chairman Representative, 125th District
Dr. William J. Cox Representative, 127th District
A. T. Mauldin Representative, 18th District
George W. Potts Representative, 33rd District
Virgil T. Smith Representative, 3rd District

A BILL
To be entitled an Act to provide for the registration and regulation of cemeteries; to define terms; to provide for signs; to provide for mandatory con tractual provisions; to provide for the creation of trust funds and to prescribe their use; to provide for powers and duties of the Secretary of State; to pro vide for certificates of registration; to provide for fees; to provide for rules and regulations; to provide penalties; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The terms "cemetery" or "cemeteries" as used in this Act shall include all cemeteries in the State of Georgia, whether operated for profit or otherwise, or incorporated or otherwise, except municipally-owned cemeteries, fraternal cemeteries, church cemeteries, or family burial plots.
The terms "perpetual care cemetery" or "endowment care cemetery" as used in this Act shall include those cemeteries offering or promising perpetual care or endowment care.
The term "non-perpetual care cemetery" shall mean any cemetery which does not offer perpetual care or endowment care.

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In the event a cemetery offers perpetual care or endowment care for some designated sections of its property but does not offer either of these to other designated sections, the cemetery shall be considered a perpetual care cemetery
for the purposes of this Act.

Section 2. Each non-perpetual care cemetery shall display at each entrance a sign stating:
"This cemetery does not have a perpetual care or endowment care fund."

The sign shall be composed of black letters six inches in height and the sign shall have a white background.

Section 3. Each contract for sale of a cemetery lot, grave space, niche, or crypt (whether above or below ground) shall contain a statement in bold-faced type, at least eight points larger than the type size used in the body of the con tract, stating one of the following, dependent upon which method of operation is going to apply to the designated section to which the contract applies:
1. "This contract provides for perpetual care or endowment care";
or
2. "This contract does not provide for perpetual care or endow ment care."

Section 4. Each cemetery which holds out to the public or advertises or con tracts perpetual care or endowment care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts, is hereby required to establish and maintain an irrevocable trust fund, the corpus of which shall be deposited in a bank, savings and loan institution, trust company, or other depository or trustee approved by the Secretary of State or which meets the standards con tained in the rules and regulations promulgated by the Secretary of State. Pro vided, however, that any cemetery which has established an irrevocable trust fund prior to the effective date of this Act, and said trust fund meets the minimum criteria established by this Act and the rules and regulations of the Secretary of State, shall not be required to establish a new trust fund, but the trust fund shall be added to and used in accordance with the provisions of this Act. Provided further that any cemetery which has sold all of its lots, grave spaces, niches, or crypts, and is unable to make any future sales, shall not be required to establish a trust fund as provided herein. If, however, a cemetery has any lots, grave spaces, niches, or crypts remaining, the cemetery shall be required to create a trust fund and follow all the mandates of this Act before selling or contracting to sell any cemetery property. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, or crypts in

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which perpetual care has been promised or guaranteed which take place after the effective date of this Act. The cemetery owner may, however, permit the trust fund to apply to property sold prior to the effective date of this Act, if he so desires.

Section 5. Each cemetery which contracts for sales of any lot, grave space, niche, or crypt and promises, contracts, or guarantees perpetual care or endow ment care, shall initially deposit the sum of $5,000.00 to the trust fund referred to in Section 4, unless the cemetery has already established a trust fund prior to the effective date of this Act, in which case the cemetery, if it makes any sales or contracts concerning lots, graves spaces, niches, or crypts which remain unsold, shall add to the existing trust fund to bring the corpus up to $5,000.00 as a condition precedent to making any such sale or contract.

Section 6. The income from the trust fund shall be credited to the cemetery but shall be accumulated and retained by the trust until such income equals $5,000.00, at which time the $5,000.00 shall be paid to the cemetery. After the cemetery has geen given the said $5,000.00, the income thereafter earned by the trust fund shall be paid to and used exclusively by the cemetery for covering the costs of care and maintenance of the perpetual care cemetery (or the sec tions of the cemetery which have been designated as perpetual care sections) including reasonable administratives expenses incurred in connection therewith. After the initial $5,000.00 in interest has been accumulated and paid to the ceme tery, the net income of the trust fund shall be payable to the cemetery at intervals
agreed upon by the cemetery and the trustee, but in no case shall the income be paid more often than monthly.

Section 7. Whenever any cemetery lot, grave space, niche, or crypt where in perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall, no later than the last day of the third month following the final payment for same, transmit to the trustee for addition to the trust fund the sum of $10.00 per burial space or 10 percent of the sales price, whichever is greater; or 5 percent of the total sales price of niches or crypts.

Section 8. Each cemetery shall register with the Secretary of State and shall obtain a certificate of registration, and it shall be unlawful to sell any cemetery property without obtaining and maintaining a valid certificate.

Section 9. Each registration of a perpetual care or endowment care ceme tery shall be made on a form furnished by or prescribed by the Secretary of State on or before August 1 of each year. The registration shall include the name and location of the cemetery, the name and address of the owner (or registered office if a corporation), the name and address of the trustee of the trust fund, as well as the name and address of the depository of the fund, and shall be accompanied by a registration fee of $25.00 for the first year of doing business and a fee of $25.00 for each year thereafter. Non-perpetual care ceme teries shall pay an initial registration fee of $5.00 and shall register on forms provided by or prescribed by the Secretary of State, but there shall be no further registration fee after the initial fee has been paid.

Section 10. It shall be the duty of the Secretary of State to issue cer tificates of registration as hereinbefore provided, the same being under his seal and signed by him.

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Section 11. The Secretary of State shall keep a record of all proceedings relating to his duties under this Act and shall keep a register in which shall be entered the names of all cemeteries to whom certificates of registration are issued, which register shall be open at all times for public inspection. Said records and register shall be prima facie evidence of all matters required to be kept therein and certified copies of same or parts of same shall be primary evidence of their contents and all such copies of the documents. Such cer tificates lawfully issued upon the authority of the Secretary of State shall, when authenticated under his seal, be admitted in any court or elsewhere without further proof.

Section 12. The Secretary of State shall promulgate all necessary rules and regulations to effectuate the purposes of this Act in accordance with an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. He shall have the authority to audit or cause to be audited the books of each perpetual care cemetery and of the trust fund established by said cemetery at least once every two years, more often if necessary, to insure that the cemetery is complying with the provisions of this Act. Provided, however, the Secretary of State may accept the sworn statement of a certified public accountant as to the accuracy of the condition of each per petual care cemetery and its trust fund.

Section 13. Willful violation of any of the provisions of this Act or of the rules and regulations promulgated in accordance therewith shall constitute a misdemeanor and be punishable by a fine of $100.00 or imprisonment for (30) days or both for each violation.

Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE DRIVER EDUCATION STUDY COMMITTEE (House Resolution No. 800)
*******
THE COMMITTEE
Honorable Dubignion Douglas, Chairman Representative, 60th District
Honorable Hines L. Brantley Representative, 63rd District
Honorable Hugh Lee McDaniell Representative, 101st District

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January, 1969

REPORT OF THE DRIVER EDUCATION STUDY COMMITTEE

In the United States during 1968, approximately 56,000 persons were killed as a result of traffic accidents. It is estimated that the total cost of traffic acci dents for the year 1968 will amount to approximately twelve billion dollars in the United States. There are many other figures which may be set forth to illus trate that this country and State are facing a staggering problem in coping with the ever increasing toll caused by traffic accidents. Many agencies of the Federal,
State and local governments are attempting to come to grips with this mounting problem. It is recognized throughout the country that only a coordinated and comprehensive overall approach to the problem will have any significant effect upon traffic accidents. However, one of the most basic and integral parts of any highway traffic safety program is a well developed driver education pro
gram in the public high schools. The many advantages to be derived from an early indoctrination of correct behavior and driver responses in young drivers are well documented and will not be repeated here. The United States Con gress has recognized this by including in the 1966 Highway Safety Act a re quirement that no state program for highway safety will be approved unless it contains a program of driver education in all of the public high schools.

The cost of this driver education is estimated to be $50 per pupil trained. The State Department of Education has included within its budget request the necessary funds to implement a driver program which will result in all public high schools making available to their students a program of driver education. This Committee recommends that the funds be made available by the General Assembly in order that this program might be implemented. It is the feeling of
the Committee that the funds necessary to carry out this program should be made available from existing sources of revenue. However, if such sources are not sufficient to finance this most needed program of State government, then it is the recommendation of the Committee that motor vehicle registration fees be increased $2.00 per vehicle, across the board, in order to generate addi tional funds to finance this program.

In addition, the Committee recommends that privately operated driver training schools continue to be supervised by the Department of Public Safety, but that the Standards required of such schools and instructors be prepared under the supervision of the State Department of Education.

Respectfully submitted,
Dubignion Douglas Representative, 60th District
Chairman
Hines L. Brantley Representative, 63rd District
Hugh Lee McDaniell Representative, 101st District

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3259

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OP GEORGIA AND OTHER INTERESTED PERSONS,

REPORT OF THE ELECTION LAWS STUDY COMMITTEE (House Resolution 490-1060)
THE COMMITTEE
REPRESENTATIVES
Honorable J. Roy McCracken Representative, 49th District Chairman
Honorable Joe S. Higginbotham Representative, 119th District
Honorable William M. Howell Representative, 86th District
Honorable Ezekiel Roy Lambert Representative, 38th District
Honorable Regnald Maxwell, Jr. Representative, 106th District
Honorable Harry Mixon Representative, 81st District
Honorable Clarence A. Parker Representative, 68th District
SENATE
Honorable Julian Webb Senator, llth District Vice-Chairman
Honorable Oliver C. Bateman Senator, 27th District
Honorable Paul C. Broun Senator, 46th District Honorable Jay D. Gardner Senator, 1st District Honorable Maylon K. London Senator, 50th District Honorable Horace T. Ward Senator, 39th District

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STATE ELECTION BOARD MEMBERS
Honorable Ben W. Fortson, Jr. Secretary of State Chairman
Mrs. Melba Williams Secretary
Mr. W. F. Blanks
Mr. John Hutson
Mr. S. Jarvin Levison

OTHER
Honorable Arthur K. Bolton Attorney General Ex-Officio

February, 1969

REPORT OF THE ELECTION LAWS STUDY COMMITTEE

The Election Laws Study Committee, created by House Resolution No. 4901060, passed by the 1968 General Assembly, makes the following report to the General Assembly.

Members of the Committee are:

REPRESENTATIVES
Honorable J. Roy McCracken Representative, 49th District Chairman
Honorable Joe S. Higginbotham Representative, 119th District
Honorable William M. Howell Representative, 86th District
Honorable Ezekiel Roy Lambert Representative, 38th District
Honorable Regnald Maxwell, Jr. Representative, 106th District
Honorable Harry Mixon Representative, 81st District
Honorable Clarence A. Parker Representative, 68th District

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SENATE
Honorable Julian Webb Senator, llth District Vice-Chairman
Honorable Oliver C. Bateman Senator, 27th District
Honorable Paul C. Broun Senator, 46th District
Honorable Jay D. Gardner Senator, 1st District
Honorable Maylon K. London Senator, 50th District
Honorable Horace T. Ward Senator, 39th District

STATE ELECTION BOARD MEMBERS
Honorable Ben W. Fortson, Jr. Secretary of State Chairman
Mrs. Melba Williams Secretary
Mr. W. F. Blanks
Mr. John Hutson
Mr. S. Jarvin Levison
OTHER
Honorable Arthur K. Bolton Attorney General Ex-Officio

The Committee held seven meetings, one of which was a public hearing. According to testimony at the public hearing and experiences related by Com mittee members, the primary problems experienced in the last election were the long wait in line to vote, particularly in urban areas; difficulties with absentee ballots, both their issuance and the counting thereof; unclear laws and pro cedures regarding the conduct of two party or joint primaries; and the con tinuing need for additional training for election officials. Also discussed, but .no recommendation made by the Committee, was the proposal for party registra tion and state participation in the conduct and payment of costs for primaries. Many problems of a technical, housekeeping nature were also discussed, most ^of which were included in proposals found in the so-called "Housekeeping Bill,"
House Bill 364. The Committee agreed that it would be most helpful to re organize the General Election Code in the same manner as the Municipal Elec tion Code, so as to permit the publication of an abbreviated Code which would contain only the sections of the law pertaining to paper ballot districts. This revision is contained in the re-write of Chapters 13 and 15. Procedures for conducting an election under these Chapters are simplified so that election of-

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ficials may follow a step by step procedure from the opening of the polls to the consolidation and certification of returns under each of the three methods of voting used in the State--paper ballots, voting machines, and vote recorders.
Much discussion was given to the problem of speeding up the voting process so that electors did not need to spend long periods of time waiting to vote. The following proposals are included in bills recommended to the General Assembly: (1) One voting machine required for each 500, instead of each 600, registered voters or fraction thereof; (2) one-vote recorder required for each 200, instead of each 300, registered voters or fraction thereof; (3) make it permissive for county election officials to print and distribute sample ballots (one quarter larger or smaller than actual ballot) to help inform voters, particularly on constitutional amendments. The Committee also recommended that the State Election Board print and distribute to county election officials copies of all proposed constitutional amendments and a short factual analysis of each. It was also pointed out that election districts in those areas of over 2,000 electors where voting in the November General Election was not completed by 8:00 p.m. must be split into two election districts by an Act passed by the 1968 General Assembly. Counties were also urged to provide additional voting booths and other facilities where necessary. The Committee studied the proposal to have constitutional amendments voted on in a separate election to be conducted in oddnumbered years, but it did not feel this would be a good idea because it would not be possible to get the participation of the public that is obtained in general election years.
Bills being recommended by the Committee also include several proposals on absentee ballots. Three proposals would tighten up laws on absentee voting: (1) absentee ballots could be delivered by registrars to electors only in their offices or to a patient in a hospital; (2) ineligibility of an elector to vote an absentee ballot would constitute grounds for challenge; (3) and absentee ballot applications must be either mailed or delivered in person to the registrar by the person filling out the application. These changes are proposed in order to help assure that only those eligible and desiring absentee ballots were allowed to vote them. Several other proposals would make it easier for the absentee elector to vote his ballot: (1) county ordinaries or their clerks and superior court clerks and their deputies would be added to those who are eligible to witness the jurat on absentee ballots; (2) the county nurse would be added to those who can issue medical certificate of physical disability for absentee elector; (3) those permanently disabled electors who have a medical certificate stating same shall not be re quired to file a new certificate with each absentee ballot application; and (4) all those required to be working in the primary or election process would be eligible to vote by absentee ballot. A proposal to facilitate counting of absentee ballots in vote recorder districts would allow such ballots to be cast on com puter ballot cards rather than on paper ballots.
The Committee felt that additional study was needed on the problems of party registration, state supervision of primaries and payment of primary costs, and the unification and improvement of Georgia's election machinery in general. The Committee therefore recommends the formation of an Election Laws Study Committee to study these problems. It is believed that such Committee should include representation from the Ordinaries of Georgia and from each state political party, as well as the State Election Board, Attorney General's office and members of the House and Senate.
Bills and resolutions introduced and recommended by the Election Laws Study Committee are:

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(1) House Bill 258--to provide that the ineligibility of the elector to vote by absentee ballot shall be a ground for challenge;
(2) House Bill 559--to delete those sections of the Georgia Election Code which have been suspended by federal law;
(3) House Bill 560--to provide that special elections for filling of vacancies in office of elected county superintendent of schools shall be conducted in con formity with the Georgia Election Code;
(4) House Bill 561--to provide that special elections to fill vacancies in office of ordinary shall be conducted in conformity with the Georgia Election Code;
(5) House Bill 562--to provide for the reorganization of Chapter 15 of the Georgia Election Code on Returns of Primaries and Elections;
(6) House Bill 563--to provide for the reorganization of Chapter 13 of the Georgia Election Code on Preparation for and Conduct of Primaries and Elections;
(7) House Bill 564--Housekeeping Bill;
(8) House Bill 565--to provide that ordinary may appoint justice of peace where no one is elected for such office, or when ordinary calls special election for filling such office, it shall be conducted in conformity with the Georgia Election Code; and
(9) House Resolution 196-565--providing that all constitutional amendments not providing for another effective date in the amendment itself shall become effective on the first day of January following the November election in which they are passed.

Respectfully submitted,
/s/ J. Roy McCracken J. Roy McCracken, Chairman Representative, 49th District
/s/ Melba Williams Melba Williams, Secretary State Election Board Member

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE COMMITTEE TO STUDY FERTILIZERS AND INSECTICIDES

THE COMMITTEE
Honorable Dorsey R. Matthews Chairman Representative, 94th District

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Honorable J. Lucius Black Representative, 56th District
Honorable Marcus Collins Representative, 88th District
Honorable Sidney Lowrey Representative, 13th District
Honorable Henry L. Reaves Representative 99th District

THE FERTILIZERS AND INSECTICIDES STUDY COMMITTEE REPORT INTRODUCTION

The Fertilizers and Insecticides Study Committee was created pursuant to the authority of House Resolution No. 561-1220. The Speaker of the House appointed the following members of the House to the Committee:

Honorable Dorsey R. Matthews Chairman Representative, 94th District
Honorable J. Lucius Black Representative, 56th District
Honorable Marcus Collins Representative, 88th District
Honorable Sidney Lowrey Representative, 13th District
Honorable Henry L. Reaves Representative, 99th District

Representative Dorsey Matthews was designated as Chairman by the Speaker.

The creating resolution charged the Committee with the responsibility of studying all matters relating to fertilizers and insecticides being used by farmers within the State of Georgia, so as to determine whether the laws require amendment in order to adequately deal with contents and possible ill effects of
said fertilizers and insecticides.

In carrying out its responsibilities, the Committee met with representatives from the Department of Agriculture and the fertilizer industry and individuals engaged in farming in this State. The Committee also studied statistics that were available which related to the sampling of fertilizer by the Agriculture Depart ment so as to determine whether the fertilizer manufacturers were selling fertilizer with proper amounts of plant nutrition as required by law.

FINDINGS AND RECOMMENDATIONS
Fertilizer is composed of three major plant nutrients (nitrogen, phosphorus and potassium) plus minor plant nutrients. The fertilizer manufacturers are allowed a tolerance of 9.9% from the claimed guarantee for each of the major

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nutrients before a penalty will be assessed against the manufacturer. In the event the fertilizer has a deficiency of 10% or more of one of the major plant nutrients, the manufacturer will be assessed a penalty of 25% of the actual sales price of the fertilizer plus the amount of the difference in the claimed commercial value and the found commercial value. Where none of the major in gredients are deficient, a penalty will be assessed if the combined total of major ingredients has a deficiency of four percent or more from the total claimed com mercial value. In the event of such deficiency, the penalty will be 25% of the sales price of the amount sampled plus the difference in the claimed com mercial value and the found commercial value. Penalties for deficiencies in plant nutrients are paid to the purchaser of the fertilizer.

Of the 8,140 fertilizer samples taken by the Department of Agriculture be tween July 1, 1967 and June 30, 1968, 490 penalties were assessed because of deficiencies in plant nutrients. During the same period, of the 1,947,819 tons sold 2,750 tons were penalized, making a total $30,996.35 in penalties paid to purchasers of fertilizers in Georgia. 42.6% of the fertilizer manufacturers in Georgia paid penalties during the same period.

The Committee found that many of the tested samples had a deficiency in plant nutrients just within the deficiency tolerance allowed by law. This re sults in many purchasers of fertilizers receiving less plant nutrient than is guaranteed, but the purchasers do not receive a penalty for such deviation from the guarantee. To correct this inequitable situation, the Committee recommends that the tolerance be lowered so that a deficiency of between 5% to 9.9% in one of the major nutrients will result in a penalty of 12,5% of the total sales price plus the difference in claimed commercial value and found commercial value. The Committee also recommends that the overall tolerance be lowered so that a deficiency of 2% to 3.9% of the combined total of the major nutrients will re sult in a penalty of 12.5% of the total sales price plus the difference in value.

Attached as Appendix #1 is a bill, which the members of the Committee will introduce at the 1969 Session, to provide for decreasing the tolerance as recom mended.

The Committee found that the Department of Agriculture is generally doing a good job in sampling fertilizer; however, many tons of fertilizer are sold yearly without being sampled. When fertilizer is deficient in plant nutrient but has not been tested by the Department of Agriculture, the purchaser of such fertilizer has no practical way to recover for such deficiency. Therefore, the Committee recommends that the Department of Agriculture use all available manpower to assist the fertilizer inspectors in taking more samples to ensure the purchasers of fertilizer will receive the amount of plant nutrient that is guaranteed by the manufacturer.

The Committee has no recommendations regarding insecticides at this time.

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ACKNOWLEDGMENTS

The Committee wishes to express its appreciation to the various individuals who met with the Committee and were of invaluable assistance to the Committee.

Respectfully submitted, /s/ Dorsey R. Matthews
Dorsey R. Matthews, Chairman Representative, 94th District
/s/ J. Lucius Black J. Lucius Black Representative, 56th District
/s/ Marcus Collins Marcus Collins Representative, 88th District
/s/ Sidney Lowrey Sidney Lowrey Representative, 13th District
/s/ Henry L. Reaves Henry L. Reaves Representative, 99th District

APPENDIX I

A BILL

To be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960," approved March 17, 1960 (Ga. Laws 1960, p. 916), as amended, so as to provide for certain inspections of fertilizer; to change the percentage of tolerance from the claimed guarantee of certain plant nutrients; to change the penalty for violating the claimed guarantee; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act known as the "Georgia Fertilizer Act of 1960", approved March 17, 1960 (Ga. Laws 1960, p. 916), as amended, is hereby amended by striking subsection (A) of Section 7 in its entirety and inserting in lieu thereof a new subsection (A) of Section 7 to read as follows:

"Section 7. Inspection, Sampling, Analysis.

(A) It shall be the duty of the Commissioner, who may act through his authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers distributed within this State at such times and places and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the pro visions of this Act. The Commissioner, individually or through his. agent, is authorized to enter upon any public or private premises dur ing regular business hours in order to have access to commercial fer-

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tilizers, including fertilizer in poossession of and owned by the manu
facturer, subject to the provisions of this Act and the rules and regu lations pertaining thereto."

Section 2. Said Act is further amended by striking paragraphs (1) and (3) of subsection (B) of Section 8 in their entirety and inserting in lieu thereof new paragraphs (1) and .(3) of subsection (B) of Section 8 to read as follows:

"(1) (a) Where the deficiency of total nitrogen, available phos phoric acid (or phosphorus when permitted), or soluble potash (po tassium when permitted) is 10% or more from the claimed guarantee, the penalty shall be 25% of the actual sales price of the fertilizer plus the amount of the difference in assessed commercial value and the found commercial value.

(b) Where the deficiency of total nitrogen, available phosphoric acid (or phosphorus when permitted), or soluble potash (potassium when permitted) is 5% to 9.9% from the claimed guarantee, the penalty shall be 12.5% of the actual sales price of the fertilizer plus the amount of the difference in assessed commercial value and the found com mercial value. (3) (a) Where there may be no single ingredient de ficiency as set forth in paragraphs 1 and 2, but there is a deficiency of 4% or more in total assessed commercial value as found, the penalty for the lot sample shall be 25% of the sales price plus the difference in the assessed commercial value and the found commercial value.

(b) Where there may be no single ingredient deficiency as set forth in paragraphs 1 and 2, but there is a deficiency of 2% to 3.9% in total assessed commercial value as found, the penalty for the lot sampled shall be 12.5% of the sales price plus the difference in the assessed com mercial value and the found commercial value."

Section 3. This Act shall become effective January 1, 1970.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
*******
REPORT OF THE GEORGIA FIREMAN TRAINING CENTER STUDY COMMITTEE
(House Resolution No. 445)
*******
THE COMMITTEE
Honorable Joe F. Ragland Representative, 109th District Chairman

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Honorable John Hood Representative, 124th District Secretary
Honorable C. Ed. Berry Representative, 110th District
Honorable Alan S. Gaynor Representative, 114th District
Honorable Tom L. Shanahan Representative, 8th District

January, 1969

INTRODUCTION
The Georgia Fireman Training Center Study Committee was created pur suant to the provisions of House Resolution No. 445 adopted at the 1968 Session of the General Assembly of Georgia. The Committee was a successor to a previous Committee which began a study during the 1967-68 interim and submit ted a report to the 1968 Session of the General Assembly recommending that a new Committee be created to complete the study begun by the previous Com mittee.
FINDINGS
The previous Committee found that there is a definite need in Georgia to provide additional training for the firemen of this State. The previous Com mittee further found that, in providing this additional training, a modern fire training center should be established in Georgia similar to those which have al ready been established in many of our sister states and recommended that the creation of such a center should take the form of an expansion of the Fire Insti tute at Georgia Tech.
The fire service in the State of Georgia presently consists of approximately 12,000 members of some 400 large, small, and medium size paid, part-paid, volunteer, subscription, and military fire departments and an additional esti mated 20,000 members of industrial fire brigades.
The record shows that in the past four years of offering firemanship train ing on an itinerant basis, and operating with the extreme limitation of not having the training facilities and equipment essential to the type of programs currently being considered, the enrollment in Georgia Fire Institute classes has increased from 3,004 to 4,326 for an average increase of 330 annually.
To continue the job of protecting the lives and property of every citizen of Georgia, these firefighters must develop through constant study, drill, prac tice and with the aid of professional instructors a vast amount of both basic skills and highly sophisticated technical knowledge.
Although the previous Committee found the need for establishing a fire man training center as an expansion of the Fire Institute of Georgia Tech, the members did not feel that they could make a specific recommendation at that

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time because information relating to costs, location of the center, type of in struction and training to be offered and other related information was not then available.

This Committee found that the center could be constructed on the campus of Southern Technical Institute at Marietta which would make it unnecessary to purchase land for the training center. The Georgia State Firemen's Associa tion has made a recommendation that the training center be constructed at this location.

This Committee has also obtained specific information relating to the physical facilities needed for the training center and the costs of these facili ties. The total cost would be $858,000, but the facilities should be constructed in stages over a three year period. Attached hereto and made a part of this report as Appendix I is a brief description of the physical facilities required for the center broken down into three phases showing the cost for each phase. There is also included in Appendix I sketches of the types of training buildings and related facilities which would be constructed at the center. These sketches were done as a class project by students at Southern Tech.

This Committee has also obtained information detailing the type of training and instruction which would be offered at the fireman training center. This train ing and instruction would be of direct benefit to firemen throughout the State, and an associate in science degree could eventually be developed and offered to students attending the center. The emphasis, however, of the program of training and instruction is on the needs of the individual fireman in learning modern and effective firefighting techniques. Attached hereto and made a part of this report as Appendix II is a brief summary of the program of instruction which would be offered at the training center.

CONCLUSIONS AND RECOMMENDATIONS

This Committee is in agreement with the conclusions reached by the previous Committee that there is a need for a modern fireman training center in Georgia and that the center should be established through the Fire Institute of Georgia Tech. The members of this Committee feel that sufficient information is now available to make specific recommendations to the General Assembly, and, therefore, the Committee makes the following recommendations:

1. That a fireman training center be established on the campus of Southern Technical Institute at Marietta.
2. That said center be established as an expansion of the Fire Institute of Georgia Tech.
3. That the physical facilities at said center be substantially as set forth in Appendix I of this report.
4. That the General Assembly appropriate $350,000 for fiscal year 1969^ 70 to complete Phase I of said center as set forth in Appendix I of this report.

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5. That, in succeeding years, sufficient funds be appropriated to carry out Phases II and II as set forth in Appendix I of this report.

Respectfully submitted,
/s/ Joe F. Ragland Joe F. Ragland, Chairman Representative, 109th District
/s/ John Hood John Hood, Secretary Representative, 124th District
/s/ C. Ed Berry C. Ed Berry Representative, 110th District
/s/ Alan S. Gaynor Alan S. Gaynor Representative, 114th District
/s/ Tom L. Shanahan Tom L. Shanahan Representative, 8th District

APPENDIX I

Phase I A. Drill tower B. Drafting pit for pumper testing C. Apparatus care and maintenance laboratory D. Administration building (offices, records area and
conference area) E. Instructional building F. Site preparation

$ 25,000 10,000 125,000

85,000 75,000 30,000

$350,000

Phase II A. Fire test laboratory B. Driver training area C. Purchase of 2 pumpers and 1 aerial truck D. Site development and utility installations

$ 60,000 30,000 140,000 100,000

330,000

Phase III A. Flammable liquids pits B. Flammable liquids transport and storage tanks

$ 12,000 21,000

INTERIM COMMITTEE REPORTS

C. L. P. Gas storage and practice area
D. Aircraft and automobile crash and rescue area
E. Residential fire suppression and rescue test laboratory
P. Purchase of visual and other instructional aids necessary to the programs of instruction (such as projection equipment, breathing apparatus, personal protective clothing, portable extinguishers, ladders, hose, adapt ers, and other accessories)
G. Site development around practice area

14,000 10,000 30,000
81,000 10,000

Three Phase Total

3271
178,000 $858,000

APPENDIX II

Programs of instruction to be offered at Fire Training Center
A. Certificate program
1. Courses of study leading to a Vocational Diploma for such specialties as: a. First Class Firefighter b. Training Officer c. Fire Prevention Inspector d. Fire Investigator e. Apparatus Engineer f. Company Officer g. Chief Officer h. Fire Chief

2. Short term courses for such special training problems as: a. Firefighting tactics b. Pre-fire planning c. Communications d. Fire protection and alarm systems e. Fire administration f. Public relations g. Preventive maintenance and repairs h. Command post operations i. Evaluating fire defenses

3272

JOURNAL OF THE HOUSE,

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3280

JOURNAL OF THE HOUSE,

j. Personnel management k. Fire laws 1. Records and reports m. Radiation hazards and control n. Effective utilization of equipment and personnel o. Electricity and the fire service p. Apparatus and equipment testing q. Inspection procedures r. Industrial fire brigade organization and training s. Arson investigation practices t. Firefighter's photography u. Numerous other topics of specialized technical training
developed as needed B. Associate in Science Degree to be developed when desired.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE COMMITTEE TO STUDY THE PERFORMANCE OF HIGH SCHOOL GRADUATES IN COLLEGE

THE COMMITTEE
Honorable Arthur J. Funk Chairman Representative, 116th District
Honorable Mac Barber Representative, 24th District
Honorable James H. Floyd Representative, 7th District
Honorable J. Roy McCracken Representative, 49th District
December, 1968
REPORT OF THE COMMITTEE TO STUDY THE PERFORMANCE OF HIGH SCHOOL GRADUATES IN COLLEGE
FINDINGS AND RECOMMENDATIONS:
The Committee to Study the Performance of High School Graduates in College was created pursuant to the provisions of House Resolution No. 845, adopted in the 1968 session of the General Assembly.

INTERIM COMMITTEE REPORTS

3281

The Committee was created for the purpose of determining a method by which the superintendents of the various school systems throughout the State could be advised of the performance of their particular system's graduates in colleges of the University System of Georgia.

The members of the Committee believe that this information would be of great interest and value to the superintendents, because it would provide them with some measure of the quality of education they were offering to their students.
In carrying out its responsibility under the creating resolution, the Commit tee met with Dr. Titus Singletary of the State Department of Education, and discussed the matter with him. Dr. Singletary advised the Committee that the State Department of Education could supply the various systems with informa tion regarding the performance of their graduates in colleges of the University System if the Board of Regents supplied the necessary data to the Department of Education on a timely basis.

The Committee believes that the Board of Regents should promulgate a policy whereby the various units of the University System could report the grades of first semester freshmen who were graduates from Georgia high schools. This information could in turn be reported to the Department of Edu cation and published by the Department on a school system basis. The Depart ment of Education would then be able to pass on the information to the various school systems. The Committee believes that a form, substantially as follows, would supply sufficient information for the school systems:

EXAMPLE

REPORT OF FIRST SEMESTER FRESHMEN GRADES OF GRADUATES OF CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEM

COURSES English Mathematics Science Soc. Subjects TOTALS

GRADES

A

B

C

6

14

17

2

16

19

3

15

18

9

11

12

20

56

66

D DROPOUT

4

2

7

4

5

5

2

0

18

11

As a result of the Committee's study, the members of the Committee plan to sponsor a resolution at the 1969 session of the General Assembly requestingthe Board of Regents to supply the Department of Education with the necessary information to show the performance of Georgia high school graduates in col leges of the University System as previously discussed in this report. Attached

3282

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hereto and made a part of this report, as Appendix I, is a copy of the resolution the members of the Committee plan to sponsor.

Respectfully submitted,
/s/ Arthur J. Funk Arthur J. Funk, Chairman Representative, 116th District
/s/ Mac Barber Mac Barber Representative, 24th District
/s/ James H. "Sloppy" Floyd James H. "Sloppy" Floyd Representative, 7th District
/s/ J. Roy McCracken J. Roy McCracken Representative, 49th District

APPENDIX I
A RESOLUTION
Requesting the Board of Regents to supply certain information to the State Department of Education; and for other purposes.
WHEREAS, at the present time, there is no extensive method for determin ing the performance of Georgia high school graduates who have entered the various colleges of the University System of Georgia; and
WHEREAS, it would be of great interest and value to the various superin tendents of Georgia's school systems to have information concerning the per formance of their graduates in the colleges of the University System; and
WHEREAS, this information would provide the superintendents with a measure of the quality of education they are offering to their students.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES that the Board of Regents and Dr. George L. Simpson, Jr., Chan cellor, are hereby requested to promulgate a policy whereby the various units of the University System would report the first semester freshmen grades of graduates from Georgia high schools and that the Board of Regents in turn supply this information to the Department of Education on a timely basis.
BE IT FURTHER RESOLVED that the Clerk of the House of Representa tives is hereby authorized and directed to forward a copy of this resolution to each member of the Board of Regents; to Dr. George L. Simpson, Jr., Chan cellor; to Dr. Jack P. Nix, State Superintendent of Schools; and to Dr. Titus Singletary, State Department of Education.

INTERIM COMMITTEE REPORTS

3283

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE HIGHWAY MAINTENANCE FACILITY STUDY COMMITTEE

THE COMMITTEE
Honorable Nathan D. Dean Representative, 19th District Chairman
Honorable Richard A. Dent Representative, 79th District
Honorable John H. Hadaway Representative, 27th District
Honorable Hugh L. McDaniell Representative, 117th District
Honorable Paul E. Nessmith, Sr. Representative, 44th District
December, 1968
REPORT OF THE HIGHWAY MAINTENANCE FACILITY STUDY COMMITTEE
INTRODUCTION
Pursuant to the authority vested in him by House Resolution No. 3, the Speaker of the House created the Highway Maintenance Facility Study Com mittee and appointed the following members:
Honorable Nathan D. Dean Representative, 19th District Chairman
Honorable Richard A. Dent Representative, 79th District
Honorable John H. Hadaway Representative, 27th District
Honorable Hugh L. McDaniell Representative, 117th District
Honorable Paul E. Nessmith, Sr. Representative, 44th District

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JOURNAL OF THE HOUSE,

THE COMMITTEE'S FINDINGS

It is the Committee's view that the key to a successful highway program is maintenance. The Committee met with officials of the State Highway Depart ment and were informed that the need for building new roads in Georgia has
been completely surpassed by the need to repair and maintain those roads and highways already in existence.

In addition to the hazards created by unrepaired roads and highways handling high-speed traffic, the federal government has recently required that all highways initially built with the help of federal funds be maintained ac cording to federal standards. Unless these highways are maintained according to the requisite standards, federal highway funds to the counties containing the poorly kept roads will be completely cut off. Certain counties in Tennessee have recently lost federal funds, so it can be assumed that the Federal Bureau of Roads plans to follow through on its edict.

Maintenance costs for Georgia roads and highways have increased 67 per cent since 1947 (while construction costs have only increased 37 percent). It costs the Highway Department approximately $700,000 per year to have litter removed from the public roads and highways of the State. The Department spends approximately $4 million annually to cut the grass on the rights-of-way (this amounts to approximately 800,000 acres of grass mowed each year). Approximately 80,000 linear feet of sewer pipe is provided and laid each year by the Department for new businesses and homes constructed on or adjacent to highways.
In addition to increased highway maintenance costs, the Federal Bureau of Roads has recently required the Highway Department to inspect, annually, each of the State's 8,000 bridges (on Federal Aid Systems) for structural stability. This bridge inspection program will cost the Highway Department $2% million in 1969-1970, and $2 million each year thereafter.

The maintenance facility of the State Highway Department is responsible for paving parking areas in schools, state patrol units and headquarters, hos pitals and colleges. The maintenance division is the largest single department in the Highway Department (3,500 personnel).

The State of Georgia has 17,354 miles of highways in the State system. There are 99,000 miles in roads, counting state aid and county systems. With the rapid increase of auto and truck traffic, a road surface can be expected to last only six or seven years before resurfacing is required. The anticipated cost for maintenance of interstate highways is $10,000 per mile.

Under Georgia law, the only department which can have its funds cut back in the State Highway Department is the maintenance division. The 1967-1968 budget for the maintenance facility was $34,435,300. If additional revenue is not made available by the General Assembly, the maintenance division budget for 1969-1970 will be cut by approximately $19 million. This $19 million involves the following:
Money to establish new sections for Interstate Highways _____-__-_-----__------.$ 2,100,000
Raises for Non-Merit Employees _______._..___-------- 525,000

INTERIM COMMITTEE REPORTS

3285

Reconstruction Program by Contract _._._.._...._..._......_ 10,000,000 Betterment Program by State Forces ......__.__._____... 5,500,000 Reduction in Routine Maintenance _____._.._____.__ 875,000
$19,000,000

COMMITTEE RECOMMENDATIONS
(1) The Committee strongly recommends that the General Assembly pro vide additional revenues to the Highway Department. Unless this recommenda tion is implemented, one or both of the following may come about:
(a) the highway maintenance budget will be reduced by ap proximately $19 million; or
(b) funds for county contracts will be cut back.
(2) The Committee recommends that non-merit personnel employed by the Highway Department be given a raise of $20 per month.
This pay raise is necessary in order to enable the Department to fairly compete with private enterprise for hiring and keeping needed skilled and qualified employees. The lowest salary for employees not on the merit system is $265 per month. This is not enough pay to keep an employee from looking elsewhere for employment.
(3) The Committee recommends that the cities of Georgia use more of their grant money for maintaining State highways within their respective city limits.
This will enable the Department to devote funds which are now spent on highways within city limits to other areas.
ACKNOWLEDGMENTS
The Committee appreciates the assistance rendered by Mr. J. O. Bacon, State Highway Maintenance Engineer.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. *******
REPORT OF THE JOINT HIGHWAY STUDY COMMITTEE *******
THE COMMITTEE HOUSE OF REPRESENTATIVES: Honorable Clarence R. Vaughn, Jr. Representative, 74th District Chairman

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Honorable Thomas B. Buck, HI Representative, 84th District
Honorable Prank P. Holder, Jr. Representative, 49th District
Honorable John H. Sherman, Jr. Representative, 80th District
Honorable Joe T. Wood Representative, llth District

SENATE:
Honorable R. Eugene Holley Senator, 22nd District Co-Chairman
Honorable I. William Gregory Senator, 15th District Secretary
Honorable Sam P. Hensley Senator, 33rd District
Honorable Robert E. Lee, Jr. Senator, 47th District
Honorable William A. Searcey Senator, 2nd District

December, 1968

REPORT OF THE JOINT HIGHWAY STUDY COMMITTEE

INTRODUCTION
The members of the 1967 General Assembly were informed that the laws relating to the State Highway Department, particularly the laws dealing1 with organization, powers, duties and operating practices, were ambiguous and con fusing in many instances. Consequently, the Speaker of the House created the House Highway Laws Study Committee which functioned for 10 days during the Summer and Fall of 1967.

This interim House Committee, chaired by Representative Clarence Vaughn, attempted to remedy some of the more patent defects in the hodgepodge of Geor gia Highway Laws, but the Committee found that time was too short to make more than a small inroad on the problems. The Committee proposed twenty bills to the 1968 General Assembly, most of which were approved by the members of the House. The Senate, however, was reluctant to pass several of the more im portant bills. This was due, for the most part, to the fact that the Senate was not informed of the need for and background of the bills.
Because of this lack of communication between the House and Senate, be cause of the overwhelming need for a meaningful, simplified codification of the Highway Laws of Georgia, and because the federal government may withhold

INTERIM COMMITTEE REPORTS

3287

federal funds unless several of the highway laws of Georgia are amended, the 1968 General Assembly enacted House Resolution 451 which called for the crea tion of a joint House-Senate Highway Laws Revision Committee.

The Committee, consisting of five members of the House and five members of the Senate, was charged with the duty of consolidating all the existing high way laws, repealing all the obsolete and conflicting laws, and proposing new laws to provide Georgia with a modern and efficient compilation of highway laws.
To aid the Committee in its task, the Highway Department entered into a contract with the University of Georgia which provides that the University shall research the highway laws and propose remedial and codified laws. The Uni versity assigned Professor Robert C. Kates, School of Law, to head the research.
The following persons were appointed to the Joint Highway Laws Study Committee:
HOUSE OF REPRESENTATIVES:
Honorable Clarence R. Vaughn, Jr. Representative, 74th District Chairman
Honorable Thomas B. Buck, III Representative, 84th District
Honorable Frank P. Holder, Jr. Representative, 49th District
Honorable John H. Sherman, Jr. Representative, 80th District
Honorable Joe T. Wood Representative, llth District
SENATE:
Honorable R. Eugene Holley Senator, 22nd District Co-Chairman
Honorable I. William Gregory Senator, 15th District Secretary
Honorable Sam P. Hensley Senator, 33rd District
Honorable Robert E. Lee, Jr. Senator, 47th District
Honorable William A. Searcey Senator, 2nd District

Pursuant to the terms of the Resolution, the Attorney General of Georgia assigned Messrs. Richard L. Chambers, III, and John A. Sligh, Jr., Assistant Attorneys General, to the Committee.

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Paul Listen, Assistant Legislative Counsel, was assigned to the Committee by the Legislative Counsel.

COMMITTEE'S INVESTIGATION

The Committee began its work with files full of research from 1967, and bills from the 1968 Session, as well as with the promised assistance of Professor Robert Kates.
The Committee asked Professor Kates to research and propose legislation (for Committee approval) involving the following areas:
1. The areas contained in H. B. 986 and 1061 (regulations re: public utilities and highway encroachments in general.)
2. The subject matter contained in H. B. 989 (which proposes that the condemnee, when appealing from the decision of a special master, post cash or surety bond pending the outcome of the appeal).
3. Proposed constitutional amendments to provide that the following shall not be separate, compensible items of damages in condemnation cases:
(a) Enhancement of market value of the land; (b) Loss of business; and (c) Loss of access (to a new public highway).
4. To grant authority for selling or leasing property acquired under current appropriations.
5. Acquisition of land for future highway use.
6. Reduce the statute of limitations for contract claims against the State Highway Department from six years to two years.
7. Provide authority to spend department funds for graduate training for selected employees.
In addition, the Committee studied the following bills with a view toward deciding whether they would be feasible at this time:
1. House Bill 982 (gas tax increase).
2. House Bill 983 (exemptions).
3. House Bill 984 (credits).
4. House Bill 976 (State Highway Engineer expenses in Fulton County).
5. A bill to permit the State Highway Department to issue annual permits for over-height vehicles.

INTERIM COMMITTEE REPORTS

3289

The Committee asked for and received a synopsis of each bill. The members discussed each feature of each Section in minute detail with representatives of the Highway Department, Attorney General's office and Legislative Counsel, and in most cases, the Committee suggested changes. The bills reflecting the changes were presented to the Highway Board, Legislative Counsel and Attorney Gen eral's staff for comment. The following recommendations resulted from the Com mittee's deliberations:

COMMITTEE RECOMMENDATIONS

(1) The Committee recommends that the General Assembly enact its bill which authorizes the State Highway Department to acquire real property or rights-of-way needed for future construction of highways on the federal-aid sys tem in advance of need.

The bill will allow the Highway Department to acquire property now, before the cost is inflated, thus saving many tax dollars. The ultimate purpose of this bill is to permit the Highway Department to take advantage of a $2 million revolving federal fund. Without this bill's becoming law, the $2 million in federal funds will be denied to Georgia. Federal funds will be used to pay the entire acquisition costs of the rights-of-way and real property. Upon completion of any particular project, the State pays the acquisition costs back to the federal govern ment, interest free.

(2) The Committee recommends that the General Assembly enact its bill amending Code Section 91-104, relating to the legal and beneficial ownership by the State of property of the Highway Department. The bill provides that proceeds of the management of property acquired for future highway purposes be retained by the Highway Department.

The State Highway Department must acquire rights-of-way in advance of the actual construction of roads. Until the road reaches the property so acquired, the property must be properly managed in order to secure the maximum financial benefit therefrom. Such management necessarily includes the leasing of the prop erty and, where necessary, because of change of plans, its sale or exchange. The proceeds from such lease or sale must remain with the Highway Department in order to be available for highway purposes. However, a strict construction of the terms of Section 91-104, Code of Georgia of 1933, as it now exists, permits a con trary interpretation. A pertinent part of that statute provides that the State is the legal and beneficial owner of the rights-of-way and other property of the Highway Department. It might be argued, therefore, that the proceeds of the lease or sale of property acquired for future rights-of-way must be put into the State Treasury, then to be appropriated for other than highway purposes, in stead of being returned to the Highway Department. These funds must be left in the control of the Highway Department because they will be used to pay back the federal government for loans used to acquire real property and rights-of-way
in advance of actual need.

(3) The Committee recommends that the General Assembly enact its bill which requires public utilities to move their facilities upon reasonable notice.

The State Highway Department must have legal means available to insure timely removal of the utility facilities so as to permit the contractor to begin and complete his work in the time specified. This need is immediate. Court decisions

3290

JOURNAL OF THE HOUSE,

indicate that when the State, as the contracting party, agrees that a cleared right-of-way will be available to the contractor, the State, and not the utility is legally responsible for damages resulting from delays caused by the failure of the utility to move its facilities. The State cannot claim immunity from suit under such circumstances. If the utility does not comply with the request to move its facilities, the State, up until now, has been forced to resort to one of two courses: it has done the work itself or it has sought relief from the courts. The second course has not always been a satisfactory solution because of the relatively slowmoving machinery of the courts. The first approach has been fraught with uncer tainty. This bill will provide specific legislative expression regarding the autho rization and liability for expenses of removal and relocation when accomplished by the State.

(4) The Committee recommends that its bill authorizing financial and advis ory assistance to aid the prompt and equitable relocation and re-establishment of persons, businesses, farmers and nonprofit organizations displaced as a result of roads, streets and highways constructed in Georgia with federal funds be enacted. The prompt and equitable relocation of persons and businesses displaced as a result of highways constructed in the State with the aid of federal funds is neces sary to insure that a few individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. Congress, by recently enacting Chapter 5, Title 23, United States Code, has made funds avail able to alleviate such individual hardships, but has conditioned future federal aid for highway construction within the State to comply with the aforesaid federal legislation.

Some of the pertinent requirements of Chapter 5, Title 23, United States Code, are that the State make the following provisions for the persons and entities displaced by highway construction: (1) Relocation expenses, (2) expenses of obtaining replacement housing, and (3) legal expenses incident to the transfer of real property acquired for a federal aid highway project.

The present State law relating to moving expenses of persons displaced by federal-aid highway projects does not authorize full compliance with Chapter 5, Title 23, United States Code, because it only authorizes, and does not require, maximum allowance for reasonable and necessary moving expense.

The intent of the Committee's bill is to repeal the present law and to substi tute an Act that will allow the State Highway Department to comply with the minimum requirements of Chapter 5, Title 23, United States Code. Unless this bill is enacted, there will be no federal funds for highway construction in Georgia.

(5) The Committee recommends that the General Assembly enact its bill which reduces the period of limitation of actions on contracts with the State Highway Department from six years to two years.

The State Highway Department has been placed in an unfair position in defending court actions based on its contracts because of the existing statutes of limitations. These periods, which were designed for suits on contracts between private parties, are not feasible for suits against a large governmental agency, such as the Highway Department. Essential officials die, are transferred, or otherwise become unavailable. Those who remain, because of the volume of con tracts, have difficulty in remembering for an extended period of time those details necessary to present a defense to what may be an unfounded claim. These factors

INTERIM COMMITTEE REPORTS

3291

have resulted in court judgments against the Highway Department for con tractors' claims, many of which cases probably could have been successfully defended if the suits had been brought within a shorter and more reasonable period of time.

Therefore, to avoid the unwarranted costs caused by unjustified delays in bringing claims, to place the Highway Department in a fair position to defend against suits based on its contracts, and to encourage the prompt and fair settle ment of contracts, it is the purpose of this bill to shorten the statute of limitations in contract suits against the Highway Department to two years, while at the same time permitting the Highway Department and the contractor to agree on a shorter time.
(6) The Committee recommends that the General Assembly enact its bill dealing with condemnation. Under existing condemnation procedures for highway purposes by the State, the condemnor is required to pay to the condemnee the full amount of the award of the assessors or of the special master in order to retain property pending appeal for a jury trial. If the jury returns a verdict less than the amount previously paid the condemnee, a deficiency judgment may be executed against property. However, in many cases it has developed that because of insolvency, absence from the State, or for other reasons, the condemnor can find no property on which to levy execution. In these cases the money due the con demnor is irrevocably lost.
It is the intent of the Committee's bill to remedy this undesirable situation by limiting to seventy-five percent the amount of the award which the condemnee may withdraw pending his appeal to a jury trial; the remaining twenty-five percent of the total award deposited with the court by the condemnor to remain on deposit with the court as partial security for the repayment of any amount received by the condemnee which may be in excess of the amount awarded by the jury upon trial of the appeal. It is further the intention of this bill that the Act shall apply only to condemnation proceedings conducted by the State, its agencies and departments, counties and municipalities, to obtain property for road and street purposes.

(7) The Committee recommends that its resolution proposing an amendment to the Constitution authorizing the Highway Department to pay for postgraduate training for its professional personnel be approved.

Employees educated in the latest structural and planning innovations can contribute immeasurably to the economy and efficiency of the operations of the department. The savings gained by new methods brought back from postgraduate courses should more than pay for themselves. In addition, the opportunity for improving his professional stature should be a persuasive factor in recruiting or retaining the dedicated engineer or scientist. It has been difficult to ascertain what legal restrictions, if any, exist against postgraduate training of Highway Department personnel in other states. Many states, for example, do not have the specific constitutional prohibition against legislative donations to individuals, as does Georgia. Further, many such states may have considered it unnecessary to enact an authorizing statute, considering that money spent for such training was within the implied authority of statutes authorizing expenditures from the Highway Department.

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JOURNAL OF THE HOUSE,

As far as practice is concerned, the Regional office of the Federal Bureau of Public Roads has informally advised that the following states are presentliy
providing such training: Illinois, North Carolina, New York, Tennessee and Virginia.

The proposed amendment is self-executing and requires no further action by the General Assembly. In this respect it is similar to the amendment authorizing: the State Board of Health to award scholarships for training in the care of mental, illnesses.

Under the proposed amendment the recipient must have a baccalaureate de gree and may pursue only a course on a postgraduate level.

The recipient of the scholarship must agree, after completion of his school ing, to resume active employment on a basis of two years for every year of school ing. This is less than the three-year period required for federal employees, placingthe State Highway Department in a better competitive position. It is more than the one-for-one ratio of the State Board of Health scholarships for training in th& care of mental illnesses, but probably there still exists a comparatively greatershortage of trained personnel in that medical specialty.

The proposed amendment specifically provides for setoff against the em ployee's salary as one method of recovering the scholarship expenses where the employee has failed to honor his agreement to continue employment after his. training.

(8) The Committee recommends that its resolution proposing an amendment to the Constitution providing that, in determining just and adequate compensa tion for the purposes of eminent domain proceedings, consideration shall not be given as a separate and independent item of damages to: (1) any loss of business on the property taken or damaged; (2) any increase or decrease in the value of the property taken resulting from the improvements; (3) or the anticipation, thereof, in connection with which the power of eminent domain is being exercised; or (4) any denial of access to a controlled-access street or highway constructed: on a new location.

This amendment is necessary in order to comply with regulations recently promulgated by the Federal Bureau of Roads.

(9) The Committee recommends that its bill providing for annual permits for over-height vehicles be enacted. Unless this bill is enacted, the State Highway Department will be without authority to issue annual permits for over-height vehicles. Authority now exists for the department to issue annual permits for over-weight, over-length and over-width vehicles, and it was mere oversight that the provisions for over-height vehicles was not inserted last year. Present law restricts the Highway Department to issuing one-trip-only permits for over-height vehicles, and this has been a decided inconvenience to carriers of over-height goods and to highway officials.

(10) The Committee has worked hand in hand with Highway Department officials over the past two years, and the members have come to realize that tha department is in dire need of more money in order to function properly.

INTERIM COMMITTEE REPORTS

3293

The Committee recommends that additional funds be made available to the Highway Department. The additional funds are needed for the following reasons:
(a) Costs of all road building supplies and materials have increased .approximately 5 percent to 7% percent each year.
(b) $11.5 million more will be needed to match federal-aid funds than currently required.
(c) The increased revenues will provide additional maintenance funds to provide merit increases to certain employees and a $20.00 per month increase each year for maintenance laborers not under the Merit System which are cur rently being paid a salary scale from $265.00 per month to $295.00 per month.
(d) The increase will provide funds to establish six new patrol stations for interstate maintenance at $350,000.00 per station--a total of $2.1 million.
(e) The funds will pay the newly-required cost to inventory all bridges on Federal Road Systems as required by the Federal-Aid Highway Act of 1968 ($2.5 million in 1969 and $2 million in 1970).
(f ) The increase will provide funds for a new program of $15.7 million to begin four-laning roads on the Federal Primary System where rights-of-way can be furnished by local governments.
(g) The increase will enable the Highway Department to meet lease requirements of a new Authority-financed program of $100 million for improve ments to roads and streets in cities and urban areas.
(h) The increase will provide funds to increase the program for county contracts and other 100 percent State Fund projects to approximately $26 million per year as required by existing statutes.

(11) It is recommended that the General Assembly re-create the Committee for one more year. This is necessary in order for the General Assembly to have representatives of both Houses assigned to oversee the preparation of the High way Code being readied by the University of Georgia School of Law for the 1970 Session.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE MECHANICS' AND MATERIALMEN'S LIENS STUDY COMMITTEE
(House Resolution No. 657)
*******
THE COMMITTEE
Honorable Claude A. Bray, Jr. Representative, 31st District Chairman

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Honorable W. B. Malone Representative, 117th District
Honorable Devereaux McClatchey Representative, 113th District
Honorable Albert W. Thompson Representative, 85th District
Honorable James R. Westlake Representative, 75th District

INTRODUCTION

The General Assembly was informed, during the 1968 Session, that the statutory laws dealing with mechanics' and materialmen's liens were confusing, ambiguous, and in many instances, inadequate to perform the job they were designed to do.

As a result of the laws' inadequacies, the House of Representatives saw fit to create a five-man interim committee, and to charge the Committee with the duty to study and research the mechanics' and materialmen's' liens laws, to report on the failures of the laws and to propose remedial legislation wherever necessary.

Pursuant to the authority vested in him by House Resolution No. 657, the Speaker of the House appointed the following members to the Mechanics' and Materialmen's Liens Study Committee:

Honorable Claude A. Bray, Jr. Representative, 31st District
Honorable W. B. Malone Representative, 117th District
Honorable Devereaux McClatchey Representative, 113th District
Honorable Albert W. Thompson Representative, 85th District
Honorable James R. Westlake Representative, 75th District

Representative Bray was elected Chairman by the Committee.

THE COMMITTEE'S FINDINGS
The Committee divided its ten days into three segments: First, the Committee studied Chapter 67-20 of the Georgia Code, relating to Mechanics' and Materialmen's Liens, in order to achieve maximum familiarity with the laws as they now exist. In addition, the Committee wrote to each of the other 49 States in order to find out their laws on the subject. Then, the Committee invited interested and affected members of the public to testify as to their experiences with the present law. Lastly, the Committee painstakingly hammered out proposed legislation designed to remedy the more patent defects in the mechanics' and materialmen's liens laws.

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(A) The Committee, during its study, found that the lien laws, as they affect mechanics and garage repairmen, are generally adequate except in cases where mechanics and garagemen are in possession of an automobile which has a small repair bill and the automobile is subject to a bank's security interest.

The present lien law (Code Section 67-2003) subordinates the mechanics' lien to all tax liens and liens of which the mechanic has actual notice. The me chanic is deemed to have actual notice of liens which are filed for record in accordance with the Motor Vehicle Certificate of Title Act (see Annotated Code Section 68-427a). All banks and finance companies make a practice of filing
security interests, and almost all cars today have security interest associated with them in some fashion. In effect, the mechanic can only get a lien which ranks behind the security interests of the lending institutions involved in financing the automobile and tax liens on the automobile.

The mechanics' lien, which is possessory until filed, can be defeated by a mortgage foreclosure of a security interest or by a bail trover action. The Com mittee was informed that the main inequity is the treatment of mechanics' and garagemen's liens occurred when the mechanic made small repairs on the auto
mobile (which enhanced the value of the automobile), only to lose the repaired automobile to the holder of the mortgage or security interest with no payment to the mechanic. Many unscrupulous lending institutions make it a practice to allow the mechanic to complete repairs on the automobile, and then file a mort gage foreclosure or bail trover action to take the car. The mechanic, under pres ent law, is left without a remedy. The Committee feels that this inequity should
be corrected.

The Committee held a public hearing on October 4, 1968, in the Capitol, in order to hear the views of the men who have to deal and work with the mechanics' lien law. They each stated to the Committee that the lien law is not doing a good job for mechanics. The Committee wrote each of the other 49 States for a copy of their mechanics' lien statutes. The majority of the states replying to the request stated that they grant mechanics' liens prior to and greater than the liens of
lending institutions. The hearing and the report from the other States confirmed that the problem with the subordination of mechanics' liens is one which should be corrected. The Committee feels that the problem can be alleviated by its
Proposal (1).

(B) The Committee next undertook to examine the liens of materialmen. Present law permits a building contractor to file a lien against a home without the owner of the home having any knowledge of the filing. To remedy this defect, the Committee decided to provide that the owner of real estate shall be given notice that a lien has been filed, in order for the lien to be valid.

(C) The Committee also discovered that the lien laws relating to architects, registered land surveyors and registered professional engineers need correcting:
In 1956, the General Assembly inserted in Code Section 67-2001 language which was designed to give registered land surveyors the benefits of liens on real estate which had been improved by their services. This enactment is found in Ga. Laws 1956, p. 185, and was approved February 23, 1956. Architects are covered in this version of 67-2001.

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During the same Session, however, the General Assembly amended the same Code Section in order to grant liens in favor of subcontractors. This enactment is found in Ga. Laws 1956, p. 562, and was approved March 9, 1956. In the amend ment on page 565, all references to architects, surveyors and engineers were omitted. Since the architects, surveys and engineers were not mentioned in the Title of the Act on page 565, it is clear that the General Assembly did not intend to eliminate them from coverage of Code Section 67-2001. As a result of this error, the Committee decided to restate the law in order to make clear that regis tered architects, registered land surveyors and registered professional engineers are still covered. This amendment will result in no substantive change in the law. A court would construe the two Acts together to yield the results that this bill seeks.

(D) The Committee heard testimony from lessors of rental equipment on material used in improving real estate. It was felt there was no justification for not treating lessors of materials and equipment in the same manner as materialmen or laborers who supply goods or services for the improvement of real estate, consequently the Committee concluded that these lessors should be provided with a statutory lien.

THE COMMITTEE'S PROPOSALS
(1) The Committee is not proposing that the lien law relating to mechanics be materially altered. The Committee feels, however, that the mechanic has not been given the legislative consideration that he deserves, so it is proposing that a new, cumulative remedy be given to mechanics and garagemen: a 90 day posses sory lien which is superior to existing security interests in the automobile, but inferior to tax liens.
The mechanic's lien is to be limited to $200.00, unless he obtains agreement from the financial institution with a security interest to the effect that the mechanic's lien can be for more.
The mechanic is permitted to sell the car after the bill for repairs is ten days overdue and after the mechanic has notified (by registered or certified mail) all other lienors of record and advertised the sale for four consecutive weeks in the official organ of the county where the repairs were made.
The mechanic must prove that his charges are reasonable, and he is not per mitted to charge for storage or for services in connection with the public sale.
The balance from the sale, after the mechanic has been paid for his reason able repairs up to $200.00, goes to the holders of the security interests in the motor vehicle (in the order of their ranking by law).
The Committee felt that the mechanic should be given this limited, possessory priority over lending institutions for two reasons:
(a) this will prevent unscrupulous lending institutions from instituting bail trover proceedings on mortgage foreclosures to defeat the mechanics' lien as is done under present law; and

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(b) the mechanic, by repairing a wrecked or non-functioning automobile enhances the automobile's value. The lending institution is helped whenever an automobile in which it holds a security interest is repaired, since a non-function ing car or wrecked car is not apt to bring much money at a public sale. The mechanic, moreover, would have this lien only in the limited amount of $200.00 and only while he retained possession of the automobile so repaired. For any larger repairs, it was felt the mechanic could check out the status of any holder of recorded security interests, which a mechanic on smaller repairs could not reasonably be expected to do.

(2) The Committee proposes that landowners be given notice by registered mail whenever a lien is taken out against their property. This bill is simply in the interest of fairness, since a landowner has a right to know if the title to his land is in jeopardy. By notifying the landowner, he will have a chance to discover fraudulent claims, make earlier arrangements or settlements, and generally be more aware of legal proceedings involving his land.

(3) The Committee proposed that Code Chapter 67-20 be amended to reinsert the provisions relating to registered architects, registered land surveyors and registered professional engineers. These professions are still legally entitled to the lien granted by Chapter 67-20, but the Committee feels that the legislative record should be set straight and the Chapter reenacted to reflect the true intent of the General Assembly. In order to find liens for the above professions, an attorney must read two separate enactments (in 1956) together. This bill will prevent possible court action.

(4) The Committee recommends that Code Section 67-2001, relating to laborers and materialmen's liens, be amended to create a lien in favor of lessors of material or equipment used in building, repairing or improving real estate.

These recommendations are reflected in the two bills being proposed by the Committee and which are attached to this report and made a part thereof (see appendices A and B).

Respectfully submitted,
/s/ Claude A. Bray, Jr. Claude A. Bray, Jr., Chairman Representative, 31st District
/s/ W. B. Malone W. B. Malone Representative, 117th District
/s/ Devereaux McClatchey Devereaux McClatchey Representative, 113th District
/s/ Albert W. Thompson Albert W. Thompson Representative, 85th District
/s/ James R. Westlake James R. Westlake Representative, 75th District

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A BILL

To be entitled an Act to amend Code Chapter 67-20, relating to Mechanics' and Materialmen's Liens, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 291), an Act approved March 11, 1953 (Ga. Laws 1953, p. 582), an Act approved February 23, 1956 (Ga. Laws 1956, p. 185), an Act approved March 9, 1956 (Ga. Laws 1956, p. 562), and an Act approved April 11, 1967 (Ga. Laws 1967, p. 456), so as to restate the provisions in said Code Chapter as they presently exist, but to rectify an error in the Act approved March 9, 1956 (Ga. Laws 1956, p. 562), in which all references to registered architects, registered land surveyors and registered professional engineers were erroneously left out; to make certain grammatical changes; to provide that notice by regis tered or certified mail of the filing for claim of lien shall be sent to the owner of the house, factory, steam mill, machinery or real estate against which lien is being claimed within 48 hours after the filing with the Clerk of the Superior Court; to provide that liens shall be created in favor of lessors of material or equipment used in building, repairing or improving real estate; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 67-20, relating to Mechanics' and Materialmen's Liens, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 291), an Act approved March 11, 1953 (Ga. Laws 1953, p. 582), an Act approved February 23, 1956 (Ga. Laws 1956, p. 185), an Act approved March 9, 1956 (Ga. Laws 1956, p. 562), and an Act approved April 11, 1967 (Ga. Laws 1967, p. 456), is hereby amended by striking Code Section 67-2001 in its entirety and inserting in lieu thereof a new Code Section 67-2001, to read as follows:

"67-2001. 1. All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in build ing, repairing, or improving any real estate of their employers; all con tractors, and all subcontractors and all materialmen furnishing material to subcontractors and all laborers furnishing labor for subcontractors, materialmen, and persons furnishing material for the improvement of real estate; all lessors of material or equipment or material and equip ment used in building, repairing or improving real estate whether or not such material or equipment or material and equipment was totally de preciated by its use on the property or became incorporated into the im provement or was used in connection with labor also supplied by the lessor; all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate; all registered land surveyors and registered professional engineers per forming or furnishing services as such on or with respect to any real estate; all contractors and all subcontractors and all materialmen fur nishing material to subcontractors and all laborers furnishing labor for subcontractors for building factories, furnishing material for the same, or furnishing machinery for the same; and all machinists and manufac turers of machinery, including corporations engaged in such business, who may furnish or put up in any county any steam mill or other ma chinery, or who may repair the same; and all contractors to build rail
roads, shall each have a special lien on such real estate, factories, or railroads.

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2. When work is done or material or service furnished for the improvement of real estate, the lien given by this section shall attach
to the real estate improved, or upon which services are rendered or per formed, as against such true owner for the amount of the work done or material furnished, or the value of such services furnished or performed, unless such true owner shall show that such lien has been waived in writing, or shall produce the sworn statement of the contractor, or other person, at whose instance the work was done or material was furnished, or such services furnished or rendered, that the agreed price or reason able value thereof has been paid: Provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvements made: Provided, further, that with respect to the lien for architectural services furnished, registered land surveying furnished or registered professional engineering services furnished, the lien shall be come effective against third parties only after notice thereof shall have been filed for record as provided in this Chapter: Provided, further, that the words "contractor or other person at whose instance the work was done or material was furnished" shall not include subcontractors: and Provided, further, that the sworn statement of the contractor or
other person at whose instance the work was done or material was fur nished shall operate to dissolve all liens given by this section."

Section 2. Said Code Chapter is further amended by striking Code Section 67-2002 in its entirety and inserting in lieu thereof a new Code 67-2002, to read as follows:

"67-2002. To make good the liens specified in section 67-2001, they must be created and declared in accordance with the following provi sions, and on failure of any of them the lien shall not be effective, viz.:

1. A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving, or for achitectural services furnished, or for registered land surveying or registered pro fessional engineering services furnished or performed, or for maerials or machinery furnished or set up, as set forth in said section.
2. The filing for record of his claim of lien within three months after the completion of the work, or furnishing of such architectural services, or furnishing or performance of such surveying or engineering services, or within three months after such material or machinery is furnished, in the office of the Clerk of the Superior Court of the county where such property is situated, which claim shall be in substance as follows:
A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered land surveyor, registered professional engineer, or other person (as the case may be), claims a lien in the amount of (specify the amount claimed) on the house, fac tory, steam mill, machinery, or railroad (as the case may be), and the premises or real estate on which it is erected, or built, of C.D. (describ ing the houses, premises, real estate, or railroad), for building, repairing, improving, or furnishing material (or whatever the claim may be).
The Clerk of the Superior Court shall have the right to rely upon the amount specified above in determining the sufficiency of any bond

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to discharge under Section 67-2004. The failure to specify the amount claimed due under the lien shall result in such lien not constituting notice for any purpose.

Notice by registered or certified mail of the filing for claim of lien required by this subsection shall be sent to the owner of the house, fac tory, steam mill, machinery or real estate against which the lien is being claimed within forty-eight hours after the filing with the clerk of the Superior Court.

3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due.

In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services or registered pro fessional engineer's services, labor or supplies for the building, repair ing or improving any real estate, building, or other structure shall abscond or die or remove from the State within 12 months from the date such services, labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained on said contractor or subcon tractor in a suit for said services, material, labor or supplies, or if such a contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of suit against such contractor or subcontractor, no final judgment can be obtained against him for the value of such material, services, labor or supplies, by reason of his death, or adjudication in bankruptcy, then and in any of said events, the person or persons so fur nishing material, services, labor and supplies shall be relieved of the necessity of obtaining judgment against such contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by said contractor or subcontractor and may subject to the provision of section 67-2001, enforce said lien directly against the property so improved in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same, may set up such payment in any action brought and proved by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved.
As between themselves, the liens provided for in said section shall rank according to date, but all of the liens herein mentioned for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within three months after the work is done, or before that time.

Said liens specified in Section 67-2001 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is sued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the said liens provided for in said section shall be superior to all other liens not herein excepted.

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4. In any proceeding brought by any materialmen, or by any me chanic, or by any laborer, or by any subcontractor, or by any materialmen furnishing material to any subcontractor, or by any laborer fur nishing labor to any subcontractor, to enforce such a lien, the contractor having direct contractual relationship with said subcontractor shall not be a necessary party, but he may be made a party, and in any proceed ings brought by any mechanic employed by any subcontractor, or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party, but he may be made a party; said contractor or subcontractor or both may intervene in said proceedings at any time before judgment, for the purpose of resisting the establishment of said lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

A BILL

To be entitled an Act to grant a possessory lien in favor of any person, firm or corporation who or which alters or repairs any motor vehicle at the request of the owner or person in legal possession thereof; to provide for priority of said lien; to provide for the time limit of said lien; to provide for public sale; to pro vide for proceeds; to provide for proof; to provide that the lien and remedies created by this Act are cumulative; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Any person, firm or corporation who or which alters or repairs any motor vehicle at the request of the owner or person in legal possession thereof shall have a lien which shall be superior and prior to any security interest in the motor vehicle for the reasonable charges up to $200.00, (or more, if permission is first obtained from all other lienors which would have priority but for the provi sions of this Act), and may retain possession of the motor vehicle until the charges are paid; but the lien shall exist no longer than 90 days from the date the work is completed.

Section 2. If the charges are not paid within 10 days from the date they are due and payable, the person, firm or corporation who retains possession of such motor vehicle and who or which has altered or repaired the motor vehicle may proceed to sell the motor vehicle at public auction by giving public notice of the sale in the official organ of the county in which the repairs were made, once a week for 4 consecutive weeks immediately preceding the date of the public sale. In the event the motor vehicle is subject to other liens or security interests, the person, firm or corporation asserting the lien created by this Act shall notify by registered or certified mail the other lienors or holders of the other security inter ests duly filed at least 10 days prior to the date of the public sale.

The person, firm or corporation asserting the lien shall be responsible for giving notice to prior lienholders which are of record on or before the date the said public notice is published.

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Section 3. The proceeds of the sale shall be applied to the discharge of the lien. The remainder, if any, shall be applied as follows: first, to satisfy the liens of record, if any, then to the owner of the motor vehicle prior to the public sale.

Section 4. The lien created by this Act shall not include charges for storage or charges incurred in connection with the public sale of any motor vehicle. The person, firm or corporation asserting the lien created by this Act shall have the burden of proving that the charges for altering or repairing the motor vehicle are reasonable.

Section 5. The lien and remedies provided for in this Act are to be considered as cumulative. There is no intent to nullify or repeal other Acts which grant liens or provide remedies to creditors in general. The lien created by this Act is statu tory and its priority is provided for in accordance with Code Section 199A-9-310, relating to priority of liens.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE METROPOLITAN AIRPORT COUNCIL STUDY COMMITTEE
(House Resolution No. 704)

THE COMMITTEE
Honorable Guy Hill, Chairman Representative, 121st District
Honorable Cecil Turner, Vice-Chairman Representative, 123rd District
Honorable W. D. Ballard, Secretary Representative, 37th District
Honorable Goodwyn Gates Representative, 123rd District
Honorable Arch Gary Representative, 35th District

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April, 1969

INTRODUCTION AND BACKGROUND

This committee was created to study the feasibility of establishing a Metro politan Airport Council in the five or six county area surrounding the City of Atlanta.

Large Metropolitan areas all over the country have experienced a growth in air transportation far in excess of that predicted by planners and engineers.

Transportation has been the key to progress since the beginning of civiliza tion. The invention of the wheel, the sailboat, the steam engine, the gas engine, the jet engine, the atom powered engine and yet to come the magnetic powered en gine, has contributed the essentials to the growth of our civilization as we know it today. The invention of the airplane revolutionized man's method of transpor tation, and conserves one of man's most valuable assets which is time.

On January 5, 1959 a revolution began in this country in the air transpor tation industry. This was the day an American Airline Jet departed the Los Angeles airport bound for New York. The whole concept of air transportation changed. The introduction of the jet transport dictated a change in air traffic control procedures, a change in the runway criteria, a change in airport terminal facilities, and most of all a change in the attitude toward the airport, by the local and national governments. However, history tells us that the desired change men tioned above did not and has not taken place as rapidly as the air transportation industry has expanded. This lag has acted as a deterrent to the orderly growth of air transportation and has also created a potential hazard of major proportion in many of our large metropolitan areas across the country.

The Federal Aviation Agency has recently issued an order restricting the number of airplanes that can land at a given time at five of our major metropoli tan airports throughout the country. This is like ordering men to cease to grow.
This order is scheduled to go into effect June 1, 1969. It is rumored that the same restrictions will also be imposed on other hub airports which will include the Atlanta Municipal Airport.

Air Travel has more than doubled in the country in the past five years, and according to the prophets, who have underestimated growth in the past, is des tined to triple in the next ten years. Atlanta is and has been in years gone by
the transportation hub of the southeast. Atlanta's continued growth depends on its ability to provide the vehicle to facilitate this growth cycle.

Atlanta Municipal Airport is important to the present and future industry that hopefully will be attracted to our State. Seventy to eighty percent of all aircraft passengers originating in the twelve air carrier airports in Georgia will pass through the Atlanta Terminal. This makes the Atlanta Municipal Airport important to the entire State.

FINDINGS A. Atlanta Airport The future growth of the State of Georgia in part will depend upon our trans-

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portation system. The airport and airplane are a vital part of that transportation network. According to a recent report submitted to the State by R. Dickson Speas Associates, 30.2% of Georgia's population live within twenty-five miles of the Atlanta city limits. The remarkable growth of air travel is reflected by the fol lowing figures showing the number of persons emplaned at Atlanta Airport for selected years from 1955 to 1967:
1,007,953 --1955
1,135,080 -- 1960
3,076,861 --1965
5,072,205 -- 1967

A November 1968 report submitted by the City of Atlanta reflects an increase of 43.7% in airmail, a 26% increase in air express and a 51.7% increase in air freight during a ten-month period covering part of 1967 and part of 1968. The same report shows a 10.8% increase in aircraft operations during the same period. The State of Georgia had an increase of emplaned passengers in 1960 through 1967 of 324%, according to a recent R. Dickson Speas report.

The forecast for Atlanta emplanes is as follows: 7,331,000 -- 1970 12,502,000 -- 1975
21,061,000 -- 1980

Based on these figures, the Atlanta Airport emplanes will increase approximately 600% during the next ten years. If past experience is repeated, these forecasts will be short. In any case, it is obvious that major growth in air transporttion will occur in the Atlanta metropolitan area.

Taking all the known figures relating to air traffic in the Atlanta metropoli tan area and applying the predictable figures leads to the conclusion that a con siderable amount of congestion and delays will be encountered unless remedies are implemented immediately. At the present time during certain periods of the day, considerable delay is being experienced at Atlanta Airport under clear weather conditions by landing aircraft. On days when inclement weather exists, the delays amount to considerably more than one hour. These conditions constitute not only an inconvenience to the public but also a hazard of major proportion. When twenty-five to forty aircraft are stacked up waiting for weather to reach I.F.R. minimum conditions or waiting their turn to land, hazardous conditions are prevalent. Under these conditions, the pilot in command of the aircraft and the controller on the ground are constantly under pressure to meet schedules to get the aircraft on the ground.

With the coming of the new family of jets which will carry several hundred people, safety regulations of necessity are going to have to be strictly enforced as to minimum separation of landing aircraft and altitude differentials of holding aircraft. Additional runways will be necessary to facilitate these changes.

According to Mr. Charles Davis, Comptroller, City of Atlanta, the City Gov ernment has embarked upon a program to spend $400,000,000 on the expansion

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of the Atlanta Municipal Airport. We think at this point it would be wise to review what has transpired at the Atlanta Municipal Airport in the last ten years pertaining to cost of improvements and expansions.

According to information supplied to this committee by Mr. Davis, the city has spent in the last ten years $100,417,581 for improvements on the Atlanta Municipal Airport. Included in this amount was $19,178,727 supplied by the F.A.A. The outstanding debt of the Atlanta Municipal Airport at the present time, according to Mr. Davis, is approximately $88,000,000.
The present terminal in use at the Atlanta Airport was completed in 1961 at a cost of approximately $20,000,000 according to Mr. Leigh Fisher, Airport Planner, in his address to the Rotary Club of Atlanta in December 1967. Mr. Fisher also stated that a new east-west parallel runway 8,000 feet long will be completed in 1969.

A quarterly report prepared by the Budget and Research Division of Atlanta, September 1968, reflects capital improvements at the Atlanta Airport Terminal of $314,000 for construction and expansion of coffee shop facilities for Dobbs House, Inc. This project is awaiting decision by Dobbs House, Inc.
The same report reflects an expenditure of $5,800,000 for the construction of additional loading gates for Delta Air Lines. The capital improvement report lists other expenditures to the Atlanta Municipal Airport.

A study was prepared by the Atlanta Metropolitan Planning Commission entitled "Atlanta Metropolitan Region Comprehensive Plan Airports". This study was submitted in September 1966 which covered a period through 1965. The study made the following summary about the present Atlanta Airport Terminal:

"The airport's capacity and the efficiency of its traffic flow is adversely affected by the location of the terminal.
"The new runway, 9-R--27L, is remote from the terminal and actually is less used, particularly for take-offs. Operation on the northwest-east-west runways, 9-L and 27-R, is subject to transfers by aircraft taxiing to and from the other runways and by aircraft taking off on runways 15 and 21. This criss-cross movement is also a potential hazard and has to be taken into account by air traffic control in effect reducing the capacity of the runways involved."

The report further states: "Concourse aprons and crowded gate positions are in short supply.
"The concourses can be extended and a relatively limited number of gates added, but this will worsen, not reduce, the prevailing congestion of planes and vehicles on the aprons and adjoining taxiways."
The summary of the report concluded with the following statement:
"Other functional areas in the vicinity of the terminal building are crowded. Each of these functions, auto parking, air cargo, airmail, air lines

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and general aviation activities, is growing and some need enlargement beyond the limits imposed by the present site. Within the terminal itself, such im portant passenger service areas as baggage claim, processing and curb load ing and unloading zones are similarly facing growing volume of passengers with the limited potential for expansion."

Bear in mind that this summary was completed four years after the terminal was occupied. One of the conclusions by the planning report of the Atlanta Metro politan Planning Commission was that ". . . the present terminal was built on the wrong location." The plans to expand the Atlanta Municipal Airport include the construction of a new terminal and partially demolishing the old terminal. Two additional parallel runways are also planned in the expansion, making a total of four runways. With the building of two additional runways, it will be necessary to eliminate two cross-wind runways that now exist. The airlines pilots stated they definitely need those cross-wind runways.

At a committee meeting held December 18th, the Committee invited Larry L. Dishman, Vice Chairman, Local Professional Air Traffic Controllers; Mr. Eoy I. Blair, Chairman, Atlanta Center Board of Directors, Professional Air Traffic Organization; Captain Lee Hines, Chairman, Atlanta Area Safety Committee, Airline Pilots Association; David C. Kelley, Chief, Airports Branch, Federal Aviation Administration; and Mr. Richard C. Freeman, Chairman of the Aviation Committee on the Atlanta Board of Aldermen. Mr. John Dempsey filled in for Mr. Dave Kelley of the F.A.A. and Mr. Richard Freeman was unable to attend the meeting. The other gentlemen mentioned above were present.

At the December 18th meeting, Captain Lee Hines stated, "The runway sepa ration for the proposed new runways was not sufficient to meet the coming F.A.A. standards or the minimum safety standards." Captain Hines also said, "The present acreage of the Atlanta Municipal Airport was not sufficient to support four parallel runways with the proper separation."

B. Airports of Other Metropolitan Areas
It might be well at this point to review what other large metropolitan areas have done about air carrier airports.

The Dulles Airport, which serves Washington, D.C., was constructed at a cost of $108,000,000, which included $14,000,000 for access roads.

The Dallas-Fort Worth International Airport that is now under construction, according to Mr. Tom Sullivan, will cost in the neighborhood of $500,000,000. This amount will include two sets of parallel runways and taxiways, $10,000,000 of NAV aids, $110,000,000 of airline buildings and facilities, and 20,000 acres of land.
According to Mr. Salvatore Manzo, the new Houston Air Carrier Airport will cost approximately $110,000,000. It includes 7,300 acres of land, one 9,400-foot runway and one 8,000-foot runway, both of which will be expandable to 12,000 feet, dual taxi facilities on each runway and two large terminal buildings with four gate positions each and two floors for parking at each terminal building. This facility will accommodate a total of 1,400 automobiles and will include an underground international transportation system which connects the two termi-

INTERIM COMMITTEE REPORTS

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nal buildings and a new 350-room hotel. There will be two air cargo buildings, two freight forwarding buildings, one airport maintenance building, two major access roads, hangars and maintenance facilities for five airlines, a 2.6 billion gallon fuel storage network and fire and crash stations. According to Mr. Manzo it took ten years for the second airport to become a reality.

Kansas City, Missouri, is also getting ready to move into their second air carrier airport, which they estimate will cost around $200,000,000. This airport will have two runways and parallel taxiways. The amount of money to be spent will also include terminal facilities necessary to support the two runways and the necessary access roads as well as all the land purchased.
Jacksonville, Florida, is also occupying a second air carrier airport which was completed October 1968 and is known as the "Port Jacksonville International Airport". The airport contains 46,000 acres of land which includes two runways, one 8,000 and one 7,700 feet long. They own the land necessary to extend all their runways to 10,000 feet. The total cost of the second air carrier airport in Jackson ville was $26,000,000 which included the land, the terminal buildings, the parking facilities, 36,000 square feet of air cargo buildings and service and entrance roads. The city and county have consolidated, and now their airport is owned and operated by the Jacksonville Port Authority. They have their own electric, water and sewer systems. It is the only airport in the country to own and operate and maintain electric and water-sewer systems.
The Minneapolis-St. Paul Metropolitan Airport Commission has selected the site for their second air carrier airport which will contain about 16,000 acres of land. Since the final selection had just been made, the Committee was not able to get the estimated cost of building this airport. The present air carrier airport in the Minneapolis-St. Paul area, World Chamberlain Airport, contains about 3,600 acres of land. Their terminal building is located between the two parallel runways which makes it more accessible for each one of the runways without interference.
Most all of the large hub areas the size of Atlanta or approaching the size of the metropolitan Atlanta area either have already occupied their second air carrier airport or are in the process of building one.
In talking to various airport commissions and authorities over the country as to why they chose to build a second air carrier airport rather than to expand their present airport, the remark was about the same in each instance: "Not enough acreage at their present site". They also stated that the cost of buying additional acreage at the present site would exceed many times the amount nec essary to buy additional land for a new site. They also stated that they would be able to more than double the amount of landing and departing traffic by building a new site.
Quoting from an article written for the "Airport World" November 1968 issue, Mr. John R. Wiley, Director of Aviation, the Port of New York Authority states that ". . . the solution is not more concrete at the present airports or in air traffic controllers in the towers. It certainly is not a limitation on the number of airline and general aviation flights permitted in the areas. Although, a redis tributing of airline and general aviation traffic during peak periods will provide some relief, only a new airport in the right location and an improved air traffic control system can supply the additional capacity needed to meet the region's future air transportation needs. The consequences of continued inability to pro-

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vide sufficient capacity will be an economic catastrophe to the people and com merce of the region." Mr. Wiley was talking ahout the New York area, but his remarks pretty well sum up the condition in the Atlanta metropolitan area.

Also, quoting from a speech delivered by William E. Downs, Commissioner of Aviation Chicago, while addressing the National Aviation Trades Association in Hollywood, Florida, in December 1968, ". . . the planning that will solve the problem of capacity needs must be thorough and farseeing. We cannot afford to be blind to the future needs of the area or the industry by the immediate crises or problems. Just because a 747 will soon land at our airport does not mean we can 'bastardize' facilities with hastily conceived solutions. We must be farseeing enough and confident enough to know that the long range goal is more important than the temporary inconvenience. In every age the most successful cities and societies seem to have been those who made the most efficient use of the facilities available at the time."

As more people fly and air-borne vehicles increase, so do the problems of traffic control and air separation. Indeed, many airports today have already saturated their surrounding air space. It is obvious that new traffic controls must be enforced above and on the ground from the fastest jet to the smallest cub. No one will be exempt from regulations. As previously stated, air traffic in this country more than doubled during the last five years and is destined to triple in the next ten years. The health of our metropolitan centers depends on how successfully they can adapt themselves to this inevitable new force.

C. Arizona State Aviation Conference
Members of this Committee were fortunate in being able to attend the annual Arizona State Aviation Conference in Tucson, Arizona. Very valuable group discussions were held on the following subjects, among others:

Problems on airport planning and design

Airport commission's or Authority's role in the community

F. A. A.'s role in airport development

Status of present and future F. A. A. programs

State Aviation Department of Aeronautics.

Discussion leaders on these subjects included Mr. Halbean, Airport Con sultant, Phoenix, Arizona; Mr. Charles Winger, Chief Airport Division, F.A.A., Los Angeles; Mr. Chester Bowers, Director, Airport Service, Washington, D. C.; Mr. James Versallino, Director, Department of Aeronautics, State of Arizona; Mr. Charles A. Lynce, Director, Department of Aeronautics, State of Montana; Mr. Charles H. Broman, Manager, Tucson Airport Authority; Mr. Alvin O. Basnight, Director of Western Region F.A.A., Los Angeles; Mr. Davis M. Simmons, President, Lockheed Air Terminal, Burbank, California; and Mr. George Hadaway of Flight Magazine.
The above list of distinguished leaders supplied the Committee with valuable information and opinions on airport commissions and councils.

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3309

D. Minneapolis-St. Paul Airport Commission

Mr. Larry McCabe, who is the director of the Department of Aeronautics for the State of Minnesota, also attended the Conference at Tucson. Mr. McCabe invited the members of the Committee to view the systems of airports operated by the Minneapolis-St. Paul Airport Commission. This system of airports is rec ognized by the experts in the field of aviation to be the finest system of airports in the country. The Minneapolis-St. Paul Airport Commission operates an inte grated airport system consisting of five general aviation airports and one air carrier airport. The current investment in public monies in this airport system, federal, state and local, is approximately $80,000,000, exclusive of considerable investment of military and private capital. The terminal at the air carrier air port in Minneapolis is comparable to the Atlanta Airport Terminal in capacity and floor space but has considerably less gate positions. As previously stated, however, the terminal is located between the runways which makes it convenient for landing and departing aircraft. The Minneapolis-St. Paul Airport Commission came into existence by an Act passed by the 1943 Session of the Minnesota legislature. The members of the Committee were given a booklet that outlines the objective of the Airport Commission.

The Committee had very extensive briefing by members of the staff of the Commission. Members of the Committee were also privileged to visit most of the airports in the system.

During the briefing we were told that providing separate facilities for general aviation aircraft, which was considerably greater than air line aircraft in both numbers and movements, is not only justified in the interest of safety, convenience and other considerations, but also in the interest of economics. The major part of M.A.C.'s capital investment is in its scheduled air carrier airports, almost 90% of the total investment for the six airport systems. In other words, 94% of M.A.C.'s capital investment dollars is invested in their air carrier airports while only 6% is invested in its general aviation airports. Likewise, 94% of its operating budget, which was in excess of $4,000,000 in 1965 will be spent at the air carrier airport with the general aviation airport accounting for ap proximately 6% of the total operating budget. The economic justification of general aviation airports is evident when it is considered that M.A.C. accom modates 80% of the based aircraft and 73% of the aircraft movements for only 6% of the operating cost and 6% of the capital investment.

The M.A.C. conducted an economic impact study in 1960 to find what the economic benefit was for the five general aviation airports managed and oper ated by M.A.C. It was found that $233,000,000 accrued to the metropolitan areas from general aviation through the five airports managed and operated by M.A.C. It was estimated that the economic benefit to the area through the M.A.C. airport in 1975 would increase to $386,000,000 per year.

Members of the Committee were very impressed by the cleanness and the well maintained appearance of all six M.A.C.'s airports.

The Committee can well understand why the Minneapolis-St. Paul Airport Commission is recognized as operating one of the finest airport systems in the world.

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RECOMMENDATIONS AND COMMENTS

1. It is the recommendation of this Committee that an Atlanta Metro politan Airport Council be established to include areas extending out twentyfive to thirty miles in all directions from downtown Five Points in Atlanta.

Comments: The purpose of the Metropolitan Airport Council would be to maintain and operate all publicly owned airports that presently exist and to plan, build, maintain and operate airports needed for the future. The Airport Council should include representatives from all of the governing bodies in its area of operation that have an airport lo cated within their boundaries. As new airports are constructed within the jurisdiction of political subdivisions not presently having an airport, additional members should be added.

2. The Committee recommends that the Atlanta Airport be expanded on a limited basis to accommodate the congestion that exists now, as well as the congestion that will be generated before a new air carrier airport can be ready for operational use. The Committee did not determine to what extent the Atlanta Airport should be expanded.
3. The Committee recommends that the results of a site selection study for an additional air carrier airport for the metropolitan area of Atlanta be made available to the general public.
Comments: The Atlanta Board of Aldermen approved an appropria tion September 1968 of $64,000 to make a site selection study for an ad ditional air carrier airport. The study was accomplished by R. Dickson Speas Associates. According to the local office of R. Dickson Speas, this study was concluded on December 16, 1968, and sixteen copies of the results of the study were submitted to the Aviation Committee of the Atlanta Board of Aldermen. As of this date the results of that study have been made available to the public. The location of this airport will be of considerable interest to the general public, and also, the pro posed facility will be owned by the public.
4. The Committee strongly recommends that a second air carrier airport be built for the metropolitan Atlanta area.

Comments: It will be almost a financial impossibility for the City of Atlanta to spend $400,000,000 to expand an airport that will be totally inadequate before the money is completely spent, and at the same time build a truly international regional airport. The building of a second air carrier airport will not diminish the commercial trade around the Atlanta Airport. By the time the second airport can be completed, there will be plenty of business for all. If the second air port's construction got underway tomorrow, it would be years before
it could be operational.

5. The Committee recommends that a successor study committee be cre ated to continue the work of this Committee through 1969.

Comments: If this report is favorably received by the public, legislation should be drafted by the successor committee and be ready

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3311

for introduction at the 1970 Session of the General Assembly. Such legislation should clearly set forth its objectives and provide complete independence for the airport council from the cross-currents of local pressures. General agreement or support of the citizens should be a prerequisite for the development of a metropolitan airport system.

CONCLUDING REMARKS

The safety of operation in the accommodation of air transportation in a metropolitan area dictates the separation of general aviation aircraft from the larger, high performance aircraft used by the scheduled air carriers. In order to maintain the maximum capacity of all air traffic in the metropolitan area, aircraft must be separated horizontally as well as vertically, with the protection of lower altitude VFR flights. This greater volume of air traffic can be safely accommodated without IFR control. The integrated system of airports strate gically located throughout the metropolitan area further permits the safe dis bursing of all traffic throughout the entire metropolitan area.

The problem inherent with the flight of aircraft over populated areas is not solved by moving airports further from the population center. Accessibility of the airport and to the airplane directly determines the extent to which people will use air transportation. Convenience and accessibility can most logi cally be accomplished by a system of airports readily available to the popula tion areas they serve, and accessibility of high speed highways.

The separation of general aviation aircraft from the scheduled air carrier aircraft is dictated by the economics of airport development and operation. The relative operating costs of providing facilities at scheduled air carrier airports is so great as to make it economically unfeasible to provide for the large volume of general aviation aircraft on scheduled air carrier airports.

The value of scheduled air carrier transportation is readily recognized, but the impact of general aviation upon the economy of a metropolitan area has never been fully understood or appreciated by the majority of the citizenry. If general aviation aircraft continues to serve as an increasingly vital tool to business and industry, it follows that the economy of metropolitan areas will be materially influenced by the availability of general aviation airports to ac commodate such air traffic.

During the course of the Committee's study, meetings were held with vari ous groups and organizations and with people who were knowledgeable in the field of airport construction and airport operation. It was the conclusion of practically all of the experts that this Committee consulted that city councilmen, boards of aldermen and county commissions could no longer cope with the very complex problem of planning, building and operating airports in large hub areas, and also provide police protection, fire protection, garbage collec tion, parks, street construction, health care, urban renewal and all of the other problems involved in operating a large metropolitan government complex.

During an interview with Mr. John Crooker, Chairman, C.A.B., he stated that, "The time has come to take a look at the governmental entity now oper ating large metropolitan airports throughout the country." Mr. Crooker also stated that he had written letters to several large hub cities asking for in formation as to what steps had been taken and what steps were planned in re-

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gard to facilitating the handling of the additional air traffic that will be forthcoming. He also observed that in the future the C.A.B. will consider an airport's ability to handle increased air traffic that might be generated by an extension of route structure before making a final decision on that extension.

During an interview with Mr. Tom May, President of Lockheed-Georgia Company, he stated that, "Within a five year period, the L-500, the com mercial version of the C-5, could be ready for the commercial market."

Air cargo growth rate at present already out paces other modes of trans portation. With the introduction of aircraft like the Lockheed L-500 and the Boeing 747, the potential for air cargo far exceeds that of the passenger carrier. In the not too distant future, the Atlanta Metropolitan Area will have an opportunity to become truly international through its airports, but the air ports must have the capacity to support the added traffic.

When an international airport becomes a reality in the metropolitan area and the Lockheed L-500 as well as the Boeing 747 are put into cargo service, industry will get a shot in the arm. The use of these airplanes will mean that international markets will be only twenty-four hours away from Georgia in dustry.
The City of Miami has recognized the vast potential in international air cargo trade. The Miami Port Authority has purchased thirty-six square miles to construct a second air carrier airport. It has been reported by the local leader ship in Miami that the completion of this airport will be a tremendous boon to the Florida industry.
Safety and economy demand that a new approach be taken on planning, building and operating airports in the Atlanta Metropolitan Area, and the time to begin taking this new approach is now.

Respectfully submitted,
/s/ Guy Hill Guy Hill, Chairman Representative, 121st District
/s/ Cecil Turner Cecil Turner, Vice-Chairman Representative, 123rd District
/s/ W. D. Ballard W. D. Ballard, Secretary Representative, 37th District
/s/ Goodwyn Gates Goodwyn Gates Representative, 123rd District
/s/ Arch Gary Arch Gary Representative, 35th District

INTERIM COMMITTEE REPORTS

3313

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

JOINT REPORT OF THE SENATE AND HOUSE OF REPRESENTATIVES
NONPAR BANKING STUDY COMMITTEES

SENATE
Honorable R. Eugene Holley Senator, 22nd District Chairman
Honorable Robert E. Andrews Senator, 49th District
Honorable Ben F. Johnson Senator, 42nd District
Honorable Frank E. Coggin Senator, 35th District
Honorable A. W. Holloway Senator, 12th District

HOUSE OF REPRESENTATIVES
Honorable Young H. Longino Representative, 122nd District Chairman
Honorable Thomas B. Murphy Representative, 26th District
Honorable Alan S. Gaynor Representative, 114th District
Honorable James L. Conner Representative, 91st District
Honorable Jamie W. Oglesby Representative, 92nd District

January, 1969

INTRODUCTION

The Senate Nonpar Banking Study Committee was created by the Presi dent of the Senate pursuant to the authority vested in him under Senate Reoslution No. 265. The President of the Senate appointed the following mem
bers of the Senate to the Committee:

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Honorable R. Eugene Holley Senator, 22nd District
Honorable Robert E. Andrews Senator, 49th District
Honorable Ben F. Johnson Senator, 42nd District
Honorable Frank E. Coggin Senator, 35th District
Honorable A. W. Holloway Senator, 12th District

Senator R. Eugene Holley was designated Chairman of the Committee by the President of the Senate.

The House of Representatives Nonpar Banking Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 832. The Speaker appointed the following members of the House of Representatives to the Committee:

Honorable Young H. Longino Representative, 122nd District
Honorable Thomas B. Murphy Representative, 26th District
Honorable Alan S. Gaynor Representative 114th District
Honorable James L. Conner Representative, 91st District
Honorable Jamie W. Oglesby Representative, 92nd District

Representative Young H. Longino was elected Chairman by the members of the Committee.

FINDINGS

The Senate and House Nonpar Banking Study Committees were created to study all aspects of nonpar banking and to make a report of their findings and recommendations to the 1969 Session of the General Assembly. The Committees conducted separate hearings but both Committees heard testimony from officials of par banks, nonpar banks, the Georgia Bankers Association, and the State Banking Department. The Committees invited the officials of the Georgia Independent Bankers Association to appear before them, but both Committees were informed that the Executive Council of the Georgia Independent Bankers Association had voted not to send a representative to appear before either Com mittee.
Nonpar banking, simply stated, is the practice of charging "exchange", and dates back to the earliest days of the American banking system. Exchange is a charge by a bank for cashing one of its own depositor's checks. Although

INTERIM COMMITTEE REPORTS

3315

the depositor's account is charged the full amount of the check, the person cashing the check receives a lesser amount. The difference is the exchange charge, and it is retained by the depositor's bank. A bank that charges exchange is a "nonpar bank". A bank that pays checks at face value is called a "par bank".

Georgia is one of only 11 states which still permit nonpar banking and has 229 of the 761 nonpar banks in the United States. The 229 nonpar banks in Georgia represent almost one-third of the total nonpar banks in the nation. These 11 states have a total of 3,698 banks, of which 2,937 are par banks and 761 are nonpar banks. The 761 nonpar banks represent approximately 5 per cent of the 14,250 insured banks in the United States and probably have less than 1 percent of the total deposits of all insured banks. Within the past two years, 4 of the 11 nonpar bank states (Florida, Minnesota, Mississippi, and South Dakota) have enacted legislation to eliminate nonpar banking in those states by 1969-1970. The 614 nonpar banks in these 4 states represented almost half of the nonpar banks in the United States. This trend indicates that the nonpar banking practice is being phased out.

The Board of Governors of the Federal Reserve System has stressed its historical position that nonpar clearance is "incompatible with good banking practice and the public interest" and that the practice of charging exchange on checks is "a deterrent to the economic growth of the state". Furthermore, there is no sound reason for any bank to pay less than the face amount of checks
drawn upon it.

The Executive Council of The American Banking Association endorsed the principle "that all banks should clear checks at par". The ABA, however, states "persuasion and education" should be used first instead of federal legislation "to compel par clearance". The Federal Deposit Insurance Corporation Board is strongly opposed to the nonpar banking practice and it is evident that the Board will promote legislation or issue regulations which will prohibit nonpar banking in all of the states when they become convinced that the states will not solve the problem themselves.

Nonpar bankers complain that they will lose substantial income if the ex change charge is eliminated. However, the Committees believe that any loss of income can be readily recovered in a reasonably short time by the adoption of policies which would more than offset the loss of exchange and strengthen the financial position of the bank and at the same time better serve the banking
needs of the community.

Under the present law, banks are required to maintain a reserve of 15 percent on demand deposits (checking accounts) and a reserve of 5 percent on savings and time deposits. The reserve against savings and time deposits may be invested in bonds of the United States or of this State at the market value thereof. The Superintendent of Banks has recommended to the Committees that banks also be authorized to invest a maximum of 50 percent of the reserve against demand deposits in (1) obligations of the United States or any bureau, or agency thereof, which are fully guaranteed as to principal and interest by the United States and which mature within one year after the date such obligations are first considered as part of the legal reserve of the bank, or (2) certificates of deposit issued by any bank chartered by this State or issued by any national banks domiciled in this State, or (3) any combination of (1) and (2) provided

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the total does not exceed 50 percent of the reserve against demand deposits. Ac cording to the Superintendent of Banks, this amounts to 69.45 percent of the total exchange now collected by nonpar banks. (See Exhibit "A").

RECOMMENDATIONS

The Committees strongly recommend the enactment during the 1969 Session of the General Assembly of the proposed legislation to require all Georgia banks to remit at par and to authorize State-chartered banks to invest 50 percent of the legal reserve against demand deposits in certain governmental obligations and certificates of deposit.

ACKNOWLEDGEMENTS

The members of both Committees wish to express their sincere apprecia tion to those persons who appeared and testified at the meetings of the Com mittees.

Respectfully submitted,
/s/ R. Eugene Holley Chairman R. Eugene Holley, Chairman Senator, 22nd District
/s/ Young H. Longino Chairman Young H. Longino, Chairman Representative, 122nd District

EXHIBIT "A" SUMMARY OP NONPAR BANKS
AS OF 12-30-67

(GEORGIA)

Number of State Banks

341

Number of Regulated Certificated Banks

25

Number of National Banks

61

Total Banks

427

Number of State Nonpar Banks

204

Number of Regulated Certificated Nonpar Banks

25

Total Nonpar Banks

229

LEGAL RESERVE
15% of Demand Deposits (229 Banks) 5% of Time and Savings Deposits (229 Banks)
Total Legal Reserve

$62,711,059 18,416,855
$81,127,914

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50% of Total Legal Reserve (229 Banks) *Estimated Income Derived From Investing 50% of Legal Reserve at 5%% Interest Rate
Total Exchange Collected
*Percentage of Estimated Income to Total Exchange Collected Percentage of Total Exchange Collected to Gross Income

$40,563,957
$ 2,231,018 $ 3,212,343
69.45% 6.5%

NOTE: Thirteen of the above Nonpar Banks have converted to Par Banks since 12-30-67.

The General Assembly State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER PERSONS.

REPORT OF COMMITTEE ON CARE AND TRAINING OF PRE-SCHOOL CHILDREN
THE COMMITTEE
Honorable Janet S. Merritt Representative, 68th District Chairman
Honorable G. D. Adams Representative, 125th District
Honorable Grace T. Hamilton Representative, 137th District
Honorable Preston Lewis Representative, 50th District
Honorable Ben B. Ross Representative, 31st District
November, 1968
PRELUDE
Pursuant to the authority vested in him by the House Resolution No. 3, the Honorable George L. Smith, Speaker of the House of Representatives, created an interim legislative study committee to be known as the Committee on Care and Training of Pre-School Children.

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The following members of the House of Representatives were appointed to serve on the committee:

Honorable Janet Merritt, Chairman Representative, 68th District
Honorable G. D. Adams Representative, 125th District
Honorable Grace T. Hamilton Representative, 137th District
Honorable Preston Lewis Representative, 50th District
Honorable Ben B. Ross Representative, 31st District

The purpose outlined for the committee was to examine present early childhood education in Georgia and to make recommendations concerning State Participation in this area.

INTRODUCTION
The investigation by the Committee on Care and Training of Pre-School Children began during the summer of 1967 when the members interviewed ex perts in child development to determine whether a State-wide and State sup ported kindergarten system would be desirable for the children of Georgia.
The responses of the experts indicated that a State kindergarten system would be one of the most worthwhile advances in education that could be con ceived.
The experts stated that the child's basic patterns are set when he is be tween the ages of three and six. This is the time when he learns to be a social being--he learns how to get along with others, how to learn, how to play with a group, how to tell the difference between right and wrong, and how to act on the stimuli presented by the world at large. In short, his behavior pattern for the rest of his life is conceived and set before the child is seven years old.
Most of the children in Georgia do not attend a kindergarten. Consequently, the children are forced to learn in the first grade what they should already have been taught before their sixth birthday. The children without kindergarten backgrounds must, of necessity, compete with children who have had kinder garten training. This results in either or both of two unsatisfactory condi tions: (1) the child with no pre-school training falls behind the children with such training and, as a rule, the child without pre-school education soon finds himself experiencing a sense of failure; or (2) the teacher gears her teaching to suit the children who have not had pre-school training, thus causing the whole class to fall behind when compared to other schools.
The Committee, during the summer of 1967, found that many of Georgia's private kindergartens were merely overcrowded babysitting agencies. As a re sult of this finding, the Committee in its report to the 1968 General As-

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sembly recommended that the State Department of Education be authorized to formulate minimum standards for accreditation of public and private kinder gartens.

This recommendation was severely attacked by members of church owned kindergartens because these people felt that the linking of the State with any private kindergarten would eventually present a situation where the Supreme Court of the United States would be in a position to hold that prayers were prohibited in these schools. Consequently, the recommendation died a quiet death.

After the 1968 Session of the General Assembly ended, the Speaker, via the authority granted him in House Resolution No. 3, re-created the Committee on Care and Training of Pre-School Children, and he charged the members to in vestigate the problems associated with pre-school education in Georgia and to propose a legislative solution which will accomplish worthwhile ends--and yet not create the conflict which the owners of church related kindergartens found so unpalatable.

THE COMMITTEE'S INVESTIGATION
The Committee began, again, its operations in August 1968, with files full of research and testimony from experts which were gathered during the 1967 investigations. Consequently, the Committee felt that it would be necessary to supplement the theoretical research only to a minimal degree, but that discus sion with people who work with children and youth on a day-to-day basis should be emphasized.
The Committee visited youth detention centers in Pulton and Cobb Counties, and discussed practical problems and approaches with administrators of these institutions. The Committee also interviewed Honorable Elmo Holt, Judge, Superior Court of Pulton County. Judge Holt, until recently, was Judge of the Juvenile Court of Fulton County; he is considered an expert in juveniles and juvenile law.
Mr. Julian Cunningham, Pulton County Juvenile Detention Facilities Ad ministrator, stated that the children who run afoul of the law are in most cases the product of an educationally disadvantaged or deprived environment. Miss Joyce Stringer, Director of the Youth Development Center (for girls) in Adamsville (Fulton County) echoed Mr. Cunninghani's words, as did the Honorable Norman Shipley, Judge, Juvenile Court of Cobb County.

Judge Holt stated that there is a correlation between the lack of a kinder garten education and juvenile delinquency. The exact correlation is impossible to pinpoint, he said, but most juvenile offenders presently appearing before the Fulton County Juvenile Court have never had kindergarten training. He pointed out, however, that Atlanta has had a city owned kindergarten system for the past ten years, and that the children who are the products of this kindergarten will soon be within the juvenile court's jurisdiction. Meaningful statistics regard ing kindergarten training and resultant effect on juvenile delinquency will soon be forthcoming, he said, but it is yet too soon to make any accurate predictions.

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The members of the Committee requested that the State Department of Education research facilities be used to determine the relevance which exists be tween pre-first grade school experiences of Georgia children and later school accomplishments.

The evaluations by the research unit of the State Department of Education showed that:
(1) Apparent I.Q.'s of school children were improved as a result of pre-school experience.
(2) Kindergarten-trained students fail less often than those with out such training.
(3) Children with pre-school education are more advanced in read ing readiness than those children without such education.
(4) Students with pre-school experiences make better adjustments in school and develop healthy attitudes toward school.
(5) Kindergarten provides children from deprived homes with the necessary experience to bring them up to approximately the same level of readiness for first grade learning as that of children from higher socioeconomic areas.

Copies of the report may be obtained from Mr. William H. Schabacker, As sociate Director of Research, Department of Education, State Office Building, Atlanta, Georgia 30334.

A study conducted by the University of Florida College of Education dur ing the 1967-1968 term showed:
(1) In 1967-68, the States of Florida, Louisiana, and Tennessee provided funds for pilot kindergarten projects. This State aid is to be increased in each State in 1968-69.
(2) The State of Virginia will provide State aid for kindergartens in 1968-69.

The study recommended that early childhood education (for all children ages 3, 4 and 5) be part of the regular school program, and that the Florida Board of Education devise certification standards for teachers in early childhood edu
cation programs.

The Committee's investigation, then, revealed that there is an urgent need for a kindergarten system in Georgia that will be available to all of Georgia's children. Without some type of pre-school education, the rural and urban areas of Georgia will continue to breed conditions that are unsuitable to academic progress. Unless these children can be reached while they are still in the formulative stage, i.e., while they are still capable of having their atti tudes directed towards good and worthwhile goals, they will perpetuate the ignorance of and distaste for organized society that seems to be growing year by year.
The Committee's investigation has revealed that the following results should come into fruition if some type of mandatory pre-school experience is formulated for Georgia:

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(1) The children will be able to begin first grade better prepared to absorb the knowledge offered.

(2) The children will experience success in their academic en deavors, as opposed to failure which comes about when the children are forced to use the first grade as a period of adjusting to academic rigors.

(3) There will be a marked reduction in the school dropout rate. Many studies have positively shown that school dropouts are linked with lack of pre-school education and poor performance in the early years of grammar school. Logic indicates that a child who is unable to perform in an academic environment will want to leave and attempt his success elsewhere. Generally, this leads to a low-level employment and keeps the child in poverty-filled surroundings for the rest of his life.

(4) The children will grow into useful and productive citizens. If a child is provided with a good pre-school experience, he will learn how to relate to the other children in his group. He will learn to function as a member of society and how to be a good citizen. This societyoriented attitude must be instilled in the child before he has absorbed attitudes from the generation which now has brought about the need for "law and order". If the child can learn at an early age that a police man represents protection and safety, as opposed to hate and violence, then the child will stand a better chance of growing up with a feeling of allegiance towards his community.

(5) The children will have more desire to attend college and to obtain advanced degrees. If a child is successful in school and he enjoys the academic environment, he will not drop out, but he will pursue education as long as financial resources permit. If a child desires college, his academic prowess will be greater than a child with the same I.Q., but with no desire for further education. In short, motivation for learning will result from successful pre-school experiences--and this motivation will continue throughout the lives of the affected children.

COMMITTEE RECOMMENDATIONS
The Committee recommends:
(1) That the State Department of Education initiate a pilot kinder garten program in one or more areas of the State.
The Committee realizes that it is not financially feasible for the State to offer kindergarten training to all the children of Georgia at this time. The Committee feels, however, that a pilot program, no matter how modest, will be a welcome foot in the door. The members further feel that this pilot program, if administered properly by com petent and well trained personnel, will be such a shining light in the sea of ignorance that the people of the State, in the years to come, will demand that the program be made Statewide. When the pilot program is initiated, it is strongly urged by the members of the Committee that the administration be placed in the hands of a committee composed of

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representatives from the Departments of Education, Health and Family and Childrens Services. These representatives will enable the period of transition to operate more smoothly. Once the transitional stage is completed, the administration of the program can be placed per manently in the hands of the Department of Education. The feasibility of this approach has been borne by the experiences of Federal Pro grams.
(2) That the appropriations committee and the members of the General Assembly approve the budget request of the State Department of Education for $3 million to be used in initiating the Department's pilot program.

(3) That an interim committee be created at the end of the 1969 Session to investigate the feasibility of lowering the age of compulsory school attendance to five (as opposed to the present seven).

A REPORT TO THE LEGISLATURE ON THE STRIPED BASS (ROCKFISH) IN GEORGIA: ITS STATUS, POTENTIAL AND CURRENT RESEARCH
AND MANAGEMENT EFFORTS

By

The Striped Bass Subcommittee of the House of Representatives

George Whaley, Chairman

Howard Rainey

G. D. Adams

Clarence Parker

Homer Leggett

HOUSE COMMITTEES ON GAME AND FISH

Hatcheries Subcommittee

Dan Grahl, Chairman

Kent Dickenson

Goodwin Hall

Norris Nash

Norman Doster

Paul Stalnaker

McKee Hargrett

Don Kirksey

W. B. Malone

Jack Sullivan

Dan Grayl Robert Harrison Robert Harrison C. E. Cox Bobby Johnson Carlton Colwell

Game and Fish Committee Howard Rainey, Chairman
Harvey Jordan Richard Lane Ed Mullinax Thomas Roach Richard Scarlett Jack Shuman

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3323

Richard Dent Joe Higginbotham George Whaley G.D. Adams Kent Dickinson Norris Nash Norman Doster W. B. Malone

Robert Walling Homer Leggett Paul Stalnaker Don Kirksey Goodwin Hall McKee Hargrett Jack Sullivan

The Georgia House of Representatives created the Striped Bass Subcom mittee of the Legislature by resolution in the 1968 session of the General Assembly. The purpose of the subcommittee is to determine the status of the striped bass in Georgia and to establish how the Legislature may help the Game and Fish Department to expedite its striped bass program.

This report constitutes the first-year findings of the subcommittee and its recommendations to carry out the House resolution's intent of realizing maximum potential of the striped bass in Georgia.

Striped bass have, for generations, provided both sport and commercial fishing in saltwater and during spawning runs in fresh-water rivers. However, increased interest was generated by the discovery that a population of striped bass at Santee-Cooper Reservoir in South Carolina had become landlocked by construction of a dam. In spite of the fact that the fish were prevented from returning to their natural saltwater habitat, the fish have reproduced in SanteeCooper and established a spectacular fishery of sport fish that range in size up to 55 pounds.
Prior to this discovery, it was believed that it was necessary for striped bass to return to the oceanic saltwater environment after spawning in fresh water rivers in order to survive and reproduce. This new knowledge that striped bass could survive, reproduce and live out their existence in freshwater opened up many new possibilities for this species in other freshwater impoundments over the country. With this realization, fisheries biologists began exploring these possibilities. Hatcheries were constructed in South Carolina, North Carolina and Virginia, in an effort to produce young striped bass artifically.

This met with very little success until it was discovered at the South Caro lina hatchery that if adult female striped bass were taken near the time they were to spawn naturally, they could be induced to reach maturity by injecting a hormone into the fish. Eggs were then stripped from the fish. After stripping, the eggs were fertilized and placed in jars where they were constantly kept aereated by a constant stream of running water. This is a necessity in the hatching of striped bass eggs.
It was and still is, however, essential that wild fish be taken from their native environment at a time when the females were very near to spawning naturally. At present, no one has been able to hold adult fish in a hatchery continually and obtain viable eggs. It is, therefore, necessary to capture wild fish each year on their spawning runs for hatchery use.

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With the advent of large-scale hatchery production of fry, stockings of large numbers of fry into freshwater reservoirs and streams were begun by biologists. Stockings of small fry met with poor results due to predation by other fish. Efforts were then directed toward rearing these fry up to a larger size where a good survival rate could be realized. This a very difficult and com
plex problem is at present not completely resolved. However, recent results here in Georgia and other areas indicate that this rearing technique has been per fected to the point that large-scale production of fingerlings is now feasible and possible.

This is the point at which this subcommittee has found the efforts toward striped bass management to have progressed thus far. The Georgia Game and Pish Commission's involvement in this effort is evident from its initial inception.

Although historical records indicate that Georgia rivers and streams once abounded with large runs of striped bass, this has not been the case for the past decade. The once great runs of fish in the Savannah, Ogeechee, Altamaha, Satilla, St. Marys, and numerous other of our small coastal streams have been reduced to only remnants of their original strength.

Despite the fact that their resource afforded little to work with, our biologists began work on our own striped bass program as soon as the possi bilities were evident. The prime requisite to such a program was, of course, to locate a source of supply of striped bass that could be used to supply the needed fish for such a program. Although some fry were obtained from South Carolina for experimental purposes, this did not offer the same potential as would
our own supply.

Biologists of the commission had already located its own supply of brood fish and had successfully taken eggs and hatched them when this subcommittee first made contact in 1968. Georgia was only the fourth state in the nation to accomplish this feat. This pilot program was carried out on temporary facili ties. The department is at present replacing this facility with a permanent hatchery that should meet Georgia's needs.

In addition to the successful hatching experiment, the department com pleted three successful "pilot" rearing experiments at three different hatchery installations during the 1968 season. Present hatchery facilities are inadequate for large-scale production of striped bass. However, a hatchery renovation program will provide facilities for an expanded rearing program in 1969. By 1971, ample space will be available for a full-scale rearing program. The renovation program is being assisted by the Hatcheries Subcommittee, Repre
sentative Dan Grahl, Chairman.

Another rearing possibility which is being explored is the use of "nursery areas." These areas are bodies of water built adjacent to the reservoirs. Fish reared in these nursery areas can be released directly into the lake at any
time.

The Department has already collected much valuable research information on existing conditions so that the potential problem areas in a restoration and development program are already identified. Striped bass research on streams yielded information on where the fish spawn and where the natural rearing

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areas of the young fish are located. Studies on the food supply available, food organisms preferred by striped bass, and natural growth rates are currently underway.
Tagging studies began in 1967 to determine whether striped bass utilizing our streams move to other streams or even other states. It is still underway. These studies are yielding a great amount of valuable information. It appears from the preliminary returns that striped bass produced in Georgia remain here throughout their life.
Also derived from tag returns is a calculation of the percentage of these fish that are harvested and by what means they were harvested. One very disturbing fact disclosed by the returns was that 56 per cent of the tags recovered from the Ogeechee River came from fish which were caught in com mercial gill nets. This is one of the first items of evidence which suggests a potential factor responsible for limiting the size of striped bass populations in our streams. This adds to the realization of the magnitude of the striped bass program and makes further studies imperative to more clearly define this problem and devise solutions.
Information is being collected on reservoirs, particularly concerning their potential for striped bass production. Striped bass fingerlings taken from rearing experiments were stocked in Lake Seminole in 1966. This stocking was not heavy enough to properly evaluate effects on the fishery and fish popula tion but will yield information on spawning potential of this impoundment. Sur vival of these fingerlings were apparently good since fishermen have caught them each year since their introduction. Numbers of fish caught were neces sarily small, however, because of the low density of the stocking.

Lake Blackshear this year became the first reservoir to be stocked with sufficient density to yield information on the number of fish necessary to create the size fishery desired or the degree of shad control afforded by such densities. Blackshear was stocked with 11,500 fish which ranged in size from five to thirteen inches. Rate of stocking was one and one-half fish per acre. This ^experiment will be closely followed up to obtain this badly needed information.
POTENTIAL BENEFITS FOR GEORGIA
The only known source of information on the benefits to be derived from the creation of river and reservoir populations of striped bass in Georgia comes from the experiences of South Carolina at Santee-Cooper. The South Carolina Wildlife Resources Commission estimates that in addition to providing recreation for thousands of its own residents, the fishery brings in approximately three million dollars annually in tourist dollars.

This is realized from only approximately 150,000 acres of reservoirs. Georgia at present has approximately 300,000 acres of reservoirs suitable for striped bass. In addition, there is another 500,000 acres of estuarine and river environment suitable to produce striped bass or approximately 800,000 acres of suitable habitat. With the creation of new reservoirs, this acreage will be over 900,000 in the next five years. It is easy to visualize a ten-million-dollar-a-year tourist industry from this striped bass fishery, particularly in view of the fact that Georgia has more "pass-through" tourists than any state in the United States. In addition, present figures indicate that by 1975 the amount of fishing -water available per fisherman will be reduced from its current level of .54

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acres per fisherman to .34 acres per fisherman because of the increase in number of people pressuring this sport. It is therefore, imperative that all available potential be developed for our own Georgia citizens. That such a potential should be explored to its fullest extent is mandatory, particularly in light of such a small investment necessary for its exploration.
CONCLUSIONS AND RECOMMENDATIONS
It was dramatically apparent to the members of this subcommittee that the fisheries division of the Game and Fish Department is grossly understaffed and poorly equipped for the task of realizing Georgia's potential for develop ment of its striped bass resources. Despite this fact, the striped bass program of the department has made tremendous strides and has built the firm foundation from which we can now reach this objective. This accomplishment was possible only through the dedicated and sincere interest and enthusiasm of its em ployees. These characteristics are backed up by the excellence in professional qualifications of its staff.
It is the unqualified feeling of this subcommittee that the effort of the Game and Fish Commission warrants the support of the Legislature in providing adequate facilities, equipment and personnel to continue this work until the ob jective is reached. Therefore, we are asking that the following recommendations be carried out:
1. That the present program be continued at an accelerated rate made possible by providing an additional biologist and one biological aide.
2. That the hatchery renovation program be continued until all hatchery facilities are in sound operating condition so that ample space for rearing striped bass is available. Should insufficient space for this exist after renovation is complete, additional space for this program be provided.
3. That the nursery area concept be further explored to determine if this is a feasible method of developing a striped bass population in both reservoirs and streams.
4. That the State limit for striped bass be reduced to five fish per day until the restoration is complete.
5. That enforcement of present laws relating to striped bass be stepped up by providing additional enforcement personnel, Particular emphasis should be placed on the creation of a marine patrol division in the department.
6. It is estimated that an annual expenditure of $100,000 per year for a fiveyear period will be required to develop the striped bass program exclusive of the law enforcement expenditures. Of this amount, approximately 50 per cent will be State funds and 50 per cent will be federal funds made available by federal grant-in-aid programs. It is recommended that these funds be provided.
7. That the Striped Bass Subcommittee be made a permanent subcommittee of the House Game and Fish Committee to assist the Game and Fish Department in this program.
Respectfully submitted,
Striped Bass Subcommittee Georgia House of Representatives

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
*******
REPORT OF THE SHAD FISH STUDY COMMITTEE
*******
THE COMMITTEE
Honorable Dewey D. Rush Representative, 75th District Chairman
Honorable S. D. Nimmer Representative, 84th District Vice-Chairman
Honorable George W. Whaley, Jr. Representative, 115th District Secretary
Honorable John F. Collins Representative, 62nd District
Honorable McKee Hargrett Representative, 77th District
Honorable Robert W. Harrison, Jr. Representative, 98th District

INTRODUCTION

December, 1968

The Shad Fish Study Committee was created pursuant to the provisions of House Resolution No. 655 adopted at the 1968 Session of the General Assembly. The Committee was created because shad fish are becoming very important to Georgia's commercial fishing industry and well informed plans must be made for the conservation and propagation of these fish.

FINDINGS

In carrying out its duties and responsibilities under the creating resolution, the Committee visited the following counties of Georgia where shad fish are primarily located: Appling, Brantley, Bryan, Bulloch, Camden, Charlton, Chat ham, Effingham, Evans, Glynn, Liberty, Long, Mclntosh, Pierce, Screven, Tattnall, Toombs, Wayne. While visiting these counties, the members discussed the shad fishing industry with Rangers and other personnel of the Game and Fish Com mission, local law enforcement officers, and with many shad fishermen. The Com mittee also met in Atlanta with Mr. Godwin and Mr. Frisbie, marine biologists of the Game and Fish Commission, who presented the Committee with a two year study of shad fish and the shad fishing industry. These gentlemen were also able to answer many questions relating to shad fishing which the members of
the Committee addressed to them.

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At one time, commercial shad fishermen were quite unhappy with rules and regulations of the Game and Fish Commission relating to the days and hours when shad fish could be taken and the size of the mesh net that could be used in taking the fish. These rules and regulations have been changed in recent months, however, and the members of the Committee found that shad fishermen are generally satisfied with current requirements relating to shad fish. Because of the changes in the rules and regulations, the Committee noted that the amount of fish taken by commercial fishermen has almost doubled without damaging the shad fish population.

The Committee found that the Game and Fish Commission is seriously understaffed with Rangers, particularly in the coastal areas of Georgia. For example, 7 Rangers cover the entire coastal area from the South Carolina line to the Florida line, which is obviously an impossible burden even with extreme dedication and long hours of work.

The members of the Committee were advised by the Game and Fish Rangers; and others that local law enforcement agencies in several counties were very helpful and cooperative in assisting in the enforcement of Game and Fish laws, rules and regulations. It was also pointed out that many sportsmen and other citizens were helpful in reporting violations of Game and Fish laws. It should be observed, however, that the Committee heard several complaints that some local law enforcement agencies do not provide adequate assistance for Game and Fish Rangers and fail to otherwise cooperate with them in their efforts to enforce Game and Fish laws.

The Committee also heard complaints to the effect that fines being given for violations of Game and Fish laws, rules and regulations are, in some in stances, entirely too light and, therefore, ineffective in discouraging repeated violations.

The Committee also found that there is some dissatisfaction with the re ciprocal agreements relating to shad fishing between Georgia and our neighbor ing States of South Carolina and Florida.

The Committee also investigated the reported shad kill in the AltamahaRiver which allegedly resulted from pollution of the river by the Rayonier Cor poration's Jesup plant. The investigation revealed that the report was erroneous and that the alleged shad kill in the Altamaha had not, in fact, happened.

RECOMMENDATIONS
Based on its study and the testimony received, the Committee is in a position to make the following recommendations:
1. That the Game and Fish Commission employ more Rangers, particularly for the coastal areas of Georgia, at the earliest possible time and that the General Assembly make the necessary adjustments in appropriations to the Game and Fish Commission to provide funds for the employment of additional Rangers.

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2. That the rules and regulations of the Game and Fish Commission not be changed until the members of the General Assembly from the areas of Georgia affected by such rules and regulations are consulted.

3. That the local law enforcement agencies which are providing adequate assistance and cooperation to Game and Fish Rangers be commended and that the other local law enforcement agencies be encouraged to provide such co operation and assistance.

4. That fines given to violators of Game and Fish laws, rules and regula tions be severe enough to discourage repeated violations of such laws, rules and regulations.

(Attached hereto and made a part of this report as Appendix I is a copy of a resolution, relating to recommendations 3 and 4, which the members of the Committee plan to introduce at the 1969 Session.)

5. That Game and Fish Commission study the reciprocal arrangements relating to shad fishing between Georgia and our neighboring States of Florida and South Carolina and revise said arrangements, if advisable, based on said study.

ACKNOWLEDGMENT
The Committee acknowledges with appreciation the cooperation of the personnel of the Game and Fish Commission in assisting the Committee in car rying out its duties and responsibilities. The Committee also wishes to express appreciation to the personnel of local law enforcement agencies and the many shad fishermen who were very helpful in supplying information to the mem bers of the Committee.
/s/ Dewey D. Rush Dewey D. Rush, Chairman Representative, 75th District
/s/ S. D. Nimmer S. D. Nimmer, Vice-Chairman Representative, 84th District
/s/ George W. Whaley, Jr. George W. Whaley, Jr., Secretary Representative, 115th District
/s/ John F. Collins John F. Collins Representative, 62nd District
/s/ McKee Hargrett McKee Hargrett Representative, 77th District
/s/ Robert W. Harrison, Jr. Robert W. Harrison, Jr. Representative, 98th District

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APPENDIX I

A RESOLUTION

Commending certain local law enforcement agencies for assisting in the enforcement of Game and Fish laws and encouraging certain other local law en forcement agencies to provide such assistance; and for other purposes.

WHEREAS, it has come to the attention of the members of the House of Representatives that certain local law enforcement agencies of this State are providing outstanding assistance and cooperation to Game and Fish Rangers and other personnel of the Game and Fish Commission in apprehending violators of game and fish laws; and

WHEREAS, it has also come to the attention of the members of said body that some local law enforcement agencies provide little assistance or cooperation to said Rangers and other personnel in apprehending said violators; and

WHEREAS, because there are relatively few Game and Fish Rangers who must cover large areas of the State, it is of the utmost importance that local law enforcement agencies provide all the assistance possible in apprehending violators of game and fish laws; and

WHEREAS, it has been alleged that some courts in some areas of the State do not fine violators of game and fish laws severely enough to dis courage repeated violations by the same offenders; and

WHEREAS, the purpose of a penalty should be to discourage the offender from repeating his violation of the law; and

NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES that those local law enforcement agencies which are providing outstanding assistance and cooperation to Game and Fish Rangers in appre hending violators of game and fish laws are hereby commended and en couraged to continue providing such cooperation and assistance.

BE IT FURTHER RESOLVED that those local law enforcement agencies which are not providing adequate assistance and cooperation to Game and Fish Rangers are hereby urged to begin providing such cooperation and assistance immediately.

BE IT FURTHER RESOLVED that those courts of this State, if any, which are not fining or otherwise penalizing violators of game and fish laws severely enough to discourage repeated violations of such laws are hereby re quested and urged to reevaluate their policy in connection with such fines or other penalties.

BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is hereby authorized and directed to print sufficient copies of this Resolution for distribution to local law enforcement agencies and to the Su perior Courts and Constitutional City Courts of this State.

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OP REPRESENTATIVES, MEMBERS OP THE GENERAL AS SEMBLY OP GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OP THE STATE EXAMINING BOARDS STUDY COMMITTEE (House Resolution No. 659)
*******
THE COMMITTEE
Honorable H. M. Barfield Representative, 95th District Chairman
Honorable Edwin G. Mullinax Representative, 42nd District Secretary
Honorable Benjamin D. Brown Representative, 135th District
Honorable William J. Crowe Representative, 1st District
Honorable Walt Davis Representative, 119th District
Honorable Lamar D. Northcutt Representative, 35th District Vice-Chairman
Dr. McKee Hargrett Representative, 77th District
Honorable W. Jones Lane Representative, 64th District
Honorable James D. Mason Representative, 22nd District
Honorable Henry P. Russell, Jr. Representative, 92nd District
January, 1969
INTRODUCTION
The State Examining Boards Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 659. The Speaker appointed the following members of the House of Representatives to the Committee:
Honorable H. M. Barfield Representative, 95th District

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Honorable Benjamin D. Brown Representative, 135th District
Honorable William J. Crowe Representative, 1st District
Honorable Walt Davis Representative, 119th District
Dr. McKee Hargrett Representative, 77th District
Honorable W. Jones Lane Representative, 64th District
Honorable James D. Mason Representative, 22nd District
Honorable Edwin G. Mullinax Representative, 42nd District
Honorable Lamar D. Northcutt Representative, 35th District
Honorable Henry P. Russell, Jr. Representative, 92nd District
The Committee elected Representative H. M. Barfield, Chairman; Representa tive Lamar D. Northcutt, Vice Chairman; and Representative Edwin G. Mullinax, Secretary.

FINDINGS

The State Examining Boards Study Committee was created to conduct a comprehensive and exhaustive study of the laws pertaining to the various State Examining Boards, the laws of other states and model laws, if any, on the subject of the professional and occupational licensing. Actually, this Com mittee was established to continue the study of a similar interim committee which functioned during 1967 with practically the same membership.
There are 30 examining Boards in the State of Georgia. All State Ex amining boards, except the Boards which supervise the licensing of teachers and attorneys, are under the administrative supervision of the Joint-Secretary, State Examining Boards. The 30 State Examining Boards and the date each Board was created are shown below.

Profession or Occupation 1. Accountants 2. Architects 3. Barbers 4. Cosmetologists 5. Chiropractors 6. Dentists and Dental Hygienists

Year Created 1908 1919 1914 1963 1921 1920

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3333

7. Engineers and Land Surveyors

1937

8. Foresters

1951

9. Funeral Directors and Embalmers

1899

10. Landscape Architects

1922

11. Librarians

1937

12. Medical Practitioners

1894

13. Registered Nurses

1907

14. Dispensing Opticians

1956

15. Optometrists

1916

16. Osteopaths

1909

17. Pharmacists

1881

18. Physical Therapists

1962

19. Plumbing Contractors

1968

20. Podiatrists

1921

21. Polygraph Examiners

1968

22. Practical Nurses

1953

23. Psychologists

1951

24. Real Estate Brokers and Salesmen

1945

25. Recreation Commission

1963

26. Sanitarians

1957

27. Structural Pest Control Commission

1955

28. Used Car Dealers

1958

29. Veterinarians

1908

30. Warm Air Heating Contractors

1949

Immediately after the Committee held its organizational meeting, the Chair man instructed the staff counsel assigned to the Committee to write a letter to the Chairman of each one of the State Examining Boards and inform them that the Committee had been created and invite them and the other members of their Boards to appear before the Committee to give their suggestions or recommendations for changes in the law affecting their respective Boards. Quite a number of the members of the Boards responded to this invitation and ap peared before the Committee had offered specific recommendations.

It became apparent to the Committee, after listening to the recommenda tions of several of the different Boards, that a model statute was needed for all of the State Examining Boards. The Committee contacted the Attorney General of the State of Georgia and requested the assistance of the As sistant Attorney General assigned to the State Examining Boards. The Attorney General was very cooperative and assigned Mr. Bob Coleman to work with the

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Committee. Mr. Coleman suggested to the Committee that a uniform or model Act was needed for all State Examining Boards. Since Mr. Coleman had been working on practically a day-to-day basis with the Cosmetology Board, he of fered to draft a model Cosmetology Act for the Committee. The Cosmetology Board is the largest examining board in the State of Georgia and also the Board with the most problems. The proposed Cosmetology Act, as drafted by Mr. Coleman, will no doubt result in litigation. However, the Committee feels that litigation is the only way that certain points can be resolved. The Attorney General is also aware that the proposed Cosmetology Act, as drafted, invites litigation. However, the Attorney General's office is prepared to defend the Cosmetology Board in the event the proposed Cosmetology Act is enacted by the General Assembly and attacked in court. If the proposed Cosmetology Act is enacted and withstands a court attack, the Committee proposes to amend the Cosmetology Act to conform to any court decisions and then to draft a model Act similar to the Cosmetology Act for each one of the other State Examining
Boards.

All of the Examining Board Acts, even the recently enacted Acts, need up dating. Some of the Examining Board Acts have not been amended since they were enacted. Several of the more important examining Board Acts have been amended only two or three times since they were enacted. There is a com pelling need for uniformity in each one of the Acts creating a State Examining Board, and this is the primary reason the Committee is recommending a model Cosmetology Act. For example, the compensation paid to members of the dif ferent State examining Boards ranges from actual travel and other expenses to $25.00 plus actual travel and other expenses per meeting; in some Acts a Board can revoke a license only for cause, while in other Acts a license can be suspended or revoked without cause, or the licensee can be reprimanded. The method of appointment and the terms of office varies from Board to Board. There are many other areas which are different in the various Examining Board Acts. There is absolutely no reason why these and many other items can not be uniform and apply to all Boards.

One deficiency which the Committee noted during its deliberations was the failure of each one of the State Examining Boards to submit an annual budget to the Joint-Secretary to be incorporated into the overall budget submitted by the Joint-Secretary to the Budget Bureau.
As previously noted, this is the second year that this Committee has been in existence. However, it appears that the work of the Committee has just begun. The Committee is attempting to streamline the Cosmetology Act as its first order of business. If the Committee is successful in its efforts to persuade the General Assembly to enact the proposed model Cosmetology Act, a great deal of work will remain to be done to draft appropriate legislation for each one of the other State Examining Boards patterned after the Model Cosme tology Act.

RECOMMENDATIONS
1. The Committee strongly recommends the enactment of the proposed model Cosmetology Act at the 1969 session of the General Assembly. If the proposed model Cosmetology Act is enacted and stands up in court, Georgia will have one of the best Cosmetology Acts in the United States, and it will be a simple matter

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to amend each one of the other Acts creating the various State Examining Boards to conform to the Cosmetology Act with only obvious changes to apply to a particular Examining Board.
2. The Committee recommends that each State Examining Board prepare and submit an annual budget to the Joint-Secretary for all operating expenses of the Board for the ensuing fiscal year. The Joint-Secretary should incorporate the budgets submitted by the Boards into his overall budget. However, the over all budget prepared by the Joint-Secretary should reflect line item expenditures for each individual Board.
3. The Committee recommends that a permanent committee of the House of Representatives be created by the Speaker to draft a model Act patterned after the model Cosmetology Act for each one of the other State Examining Boards.

ACKNOWLEDGMENT
The members of the Committee wish to thank Mr. Cecil Clifton, JointSecretary, State Examining Boards, for the able assistance he rendered to the Committee and to commend him for the efficient manner in which he operates his office.
The members of the Committee also wish to express their sincere appre ciation to those persons who appeared and testified before the Committee during its deliberations.
Respectfully submitted,
/s/ H. M. Barfield H. M. Barfield, Chairman Representative, 95th District
/s/ Edwin G. Mullinax Edwin G. Mullinax, Secretary Representative, 42nd District

SUBCOMMITTEE REPORTS OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE SUBMITTED TO THE
1969 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA

CONTENTS

Title of Report

Page

Report of the Subcommittee on HB 826 _,,__-__._._...__._._-_____ 1- 8

Report of the Subcommittee on HB 878 _______________________________ 9-10

Report of the Subcommittee on HB 879 ._____._______________________________ll-23

Report of the Subcommittee on SB 343--__________________________________-24-26

Report of the Recreational Facilities Subcommittee _._________________27-36

Report of the Subcommittee on Youth Development Centers and the Georgia Factory for the Blind __________________-______37-42

Report of the Penal Institutions Subcommittee ,,.____._---_--_.__.___________43-45

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REPORT OF THE STATE INSTITUTIONS AND PROPERTY SUBCOMMITTEE ON HB 826

TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITU TIONS AND PROPERTY COMMITTEE

Your Subcommittee on House Bill No. 826 has completed its study and submits the following report:

FINDINGS:
House Bill No. 826 would provide for the transfer of surplus property be longing to the various departments and agencies of the State government to the Chief of the State Agency for Surplus Property of the State Department of Education. The Chief of the State Agency for Surplus Property would then in turn be authorized to transfer such surplus property to any other department or agency of the State Government, State institution, public school and nonprofit hospital. The bill also provided that the Chief of the State Agency for Surplus Property would circularize the various departments, agencies and institutions of the State government listing the surplus property which had been trans ferred to him. The bill did not authorize the sale of surplus property, by com petitive bid or otherwise, by the State Agency for Surplus Property.

In considering this bill, the Subcommittee heard testimony from Mr. L. W. Tabor, Chief of the State Agency for Surplus Property of the State Depart ment of Education, and his assistant, Mr. J. F. Sloan. Both of these gentlemen agreed that their agency would not be the logical one to handle surplus personal property belonging to the State. Their agency is primarily concerned with surplus property originally belonging to the Federal government which is trans ferred to the various school systems throughout the State for use by the systems in the schools under their jurisdiction. They have no particular knowl edge of surplus property other than that which might be used for educational purposes, and at the present time, they do not have the capacity to set up a system for the acquisition and disposition of all types of surplus property as contemplated by House Bill No. 826. They also felt that there would be some types of surplus property which could not be used by any State agency and would merely accumulate, presenting a storage and inventory problem, if it could not be sold. These gentlemen were of the opinion that surplus property should continue to be handled through the State Purchasing Department.

The Subcommittee also heard testimony from Mr. C. Clayton Turner, Super visor of Purchases, and his assistant, Mr. S. F. Skrine. These gentlemen were also of the opinion that the State Purchasing Department was the logical agency of the State government to receive and process surplus personal property by transferring such property to other State agencies or by the sale of such property to the highest responsible bidder when other agencies had no need of the property.

It should be pointed out that H. B. 1498 was also introduced at the 1968 session, and this bill was enacted into law, becoming Act. No. 1069, approved April 8, 1968 (Ga. Laws 1968, p. 1148). This Act makes it the duty and re sponsibility of the head of each department, institution or agency of the State government to furnish, upon request by the Supervisor of Purchases, a list of

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all surplus personal property held by that department, institution or agency at the time of the request. The Act further authorizes and makes it the duty of the Supervisor of Purchases to transfer the property to other State agencies or to sell it to the highest responsible bidder. Some of the other more im portant provisions of the Act are as follows:

1. The Supervisor of Purchases is authorized to promulgate rules and regulations to carry out his duties under the Act and establish procedures for the sale of surplus property by advertisement and competitive bids.

2. Penalties are provided for any official, officer or employee of the State who disposes of surplus property in violation of the Act.

3. The transfer of surplus property is authorized to any county, munici pality or other political subdivision of the State by gift, negotiated sale or other wise. (The Supervisor of purchases requested and received an opinion of the Attorney General regarding this provision which held that it would violate the "donations and gratuities" clause of the Constitution to transfer such property to political subdivisions by gift).

In connection with this Act, Mr. Turner and Mr. Skrine expressed the be lief that they would be able to set up an efficient and effective procedure for the disposition of surplus property in the best interest of the State and its various department, agencies and institutions. Mr. Turner plans to employ a surplus property officer and a clerk to carry out this program. Surplus personal property has been handled through the Supervisor of Purchases for years, and with the additional personnel, the program can be expanded and operated successfully in the opinion of Mr. Turner and Mr. Skrine. As a part of the ex panded program, Mr. Turner plans to set up a system whereby all agencies of the State government will be circularized with a list showing the surplus property on hand on a timely basis so that the various agencies of the State government may apply for the transfer of this property to their respective agencies and use it to its best advantage.

One problem that was brought to the attention of the Subcommittee was that there appears to be some reluctance on the part of some State departments and agencies to declare property surplus, even though it is not being used and probably should be considered surplus in some instances. Mr. Turner and Mr. Skrine feel that when their expanded surplus property program is fully imple mented under Act No. 1069, this problem, to the extent that it has existed, will be virtually eliminated. In this connection, the Subcommittee noted that another bill (HB 1506) was also introduced at the 1968 session which attempted to grapple with this particular problem. Among other things, this bill would have authorized the Supervisor of Purchases to hire not more than two agents to inspect personal property under the jurisdiction of all State departments, institutions or agencies to determine whether or not certain of such property was surplus. The bill established certain criteria that these agents would use in determining whether or not property was to be considered surplus. The bill provided, however, that the final determination as to whether or not the property was surplus would rest with the head of the department or agency involved. Mr. Turner and Mr. Skrine do not feel that a bill such as H.B. 1506 is necessary at the present time, and that if the program which they presently are planning

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to implement does not prove effective within a reasonable trial period, then perhaps additional legislation, possibly along the lines of H.B. 1506, might be advisable.

RECOMMENDATIONS:

Based on its study and the testimony received by its members, the Subcom mittee makes the following recommendations, with explanatory comments where necessary, for consideration by the full Committee:

1. That House Bill No. 826 not be reintroduced at the 1969 session. The members of the Subcommittee are of the opinion that H.B. 826 would take the wrong approach to handling surplus State-owned personal property and feel that the bill should not be given further consideration.

2. That the State Purchasing Department be given an opportunity to im plement its proposed expanded surplus property program pursuant to the provisions of Act No. 1069 (Ga. Laws 1968, p. 1148), and that the effectiveness of said program be evaluated by a duly constituted Subcommittee of the State Institutions and Property Committee following its implementation.
3. That after the adjournment of the 1969 session of the General Assembly, a Subcommittee of the State Institutions and Property Committee be created for the purpose stated in Recommendation 2, above, and for the additional purpose of making such further studies of methods of handling surplus personal property as such Subcommittee shall determine. In this con nection, it is recommended that the successor Subcommittee instruct the Office of Legislative Counsel to survey the other states as to their methods of handling state-owned surplus personal property.
4. That Act No. 1069 (Ga. Laws 1968, p. 1148) be amended so as to remove the provision therefrom relating to the transfer of surplus personal property to political subdivisions by gift and to provide for such transfer by negotiated sale, when the sales price negotiated is not necessarily the highest bid, if such sales price constitutes a reasonable consideration and is in the best interests of the State and its political subdivisions, in the opinion of the Supervisor of Purchases. In this connection, however, the Subcommittee further recommends that the Act also be amended to provide certain limitations on the resale of property by political subdivisions when such property was acquired from the State as surplus property. Attached to and made a part of this report as Appendix I is a proposed bill amending said Act as recommended by the Subcommittee.
Respectfully submitted,
/s/ R. Luke DeLong R. Luke DeLong, Chairman Representative, 105th District
/s/ William H. Alexander William H. Alexander Representative, 133rd District
/s/ Carlus D. Gay Carlus D. Gay Representative, 60th District

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/s/ H. Goodwin Hall H. Goodwin Hall Representative, 67th District
/s/ James W. Paris James W. Paris Representative, 23rd District
/s/ George W. Potts George W. Potts Representative, 33rd District
/s/ Howard H. Rainey Howard H. Rainey Representative, 69th District
/s/ Richard L. Starnes, Jr. Richard L. Starnes, Jr. Representative, 13th District

APPENDIX I

A BILL

To be entitled an Act to amend an Act providing the procedures under which surplus State-owned property shall be disposed of, approved April 8, 1968 (Ga. Laws 1968, p. 1148), so as to authorize the Supervisor of Purchases to transfer surplus property to counties, municipalities and other political subdivisions by negotiated sale, when the negotiated sales price is not necessarily the highest bid for such property, under certain conditions; to provide for a definition; to provide certain limitations on the resale of such property by such counties, municipalities and other political subdivisions; to remove the provision relating to the transfer of title of surplus property to counties, municipalities and other political subdivisions by gift; to provide for all matters connected with the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing the procedures under which surplus Stateowned property shall be disposed of, approved April 8, 1968 (Ga. Laws 1968, p. 1148), is hereby amended by adding a new section between Sections 2 and 3 to be designated Section 2A and to read as follows:
"Section 2A. (a) As used in this Section, the words 'political sub division' shall mean any county or municipality of this State or any county or independent board of education of this State.
(b) In addition to the authority provided in Section 2 of this Act, the Supervisor of Purchases shall be further authorized to dispose of surplus property by the transfer of such property to any political sub division through a negotiated sale, when the negotiated sales price is not necessarily the highest bid for such property, if the Supervisor of Purchases determines that such sale would be in the best interests of the State, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for such property.

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(c) When any surplus property is transferred to a political sub^ division, pursuant to the provisions of subsection (b) of this Section, such transfer shall be subject to the following conditions: (1) Such property shall not be resold by any such political subdivision within one year after such transfer without the written consent of the Supervisor of Purchases, and (2) the Supervisor of Purchases shall have the right, which shall be exercised at his discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer."

Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. The Supervisor of Purchases shall promulgate such rules and regulations as may be required to carry out the provisions of this Act and shall establish procedures whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured, pursuant to the provisions of Section 2 of this Act."

Section 3. Said Act is further amended by striking in its entirety the last sentence of Section 5 which reads as follows:

"Provided, further, nothing herein contained shall prohibit the transfer of title to any surplus personalty of the State of Georgia to any county, municipality or other political subdivision of this State by gift, negotiated sale, or otherwise.",

so that when so amended, Section 5 shall read as follows:

"Section 5. Nothing contained within this Act shall be construed so as to apply to any real property owned by the State, and this Act shall not apply to such property, nor shall this Act be construed so as to prohibit the Attorney General from distributing or selling the published reports of the opinions of the Attorney General."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
REPORT OP THE STATE INSTITUTIONS AND PROPERTY SUBCOMMITTEE ON HOUSE BILL NO. 878
TO: THE CHAIRMAN AND ALL MEMBERS OF STATE INSTITUTIONS AND PROPERTY COMMITTEE
Your Subcommittee on House Bill No. 878 has completed its study and sub mits the following report:
FINDINGS AND RECOMMENDATIONS:
The "State Properties Control Code" now provides that the State Proper ties Control Commission may only lease the property under its jurisdiction, subject to approval by the General Assembly.

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House Bill No. 878 would amend the State Properties Control Code to allow the Commission to also sell the property under its jurisdiction with the approval of the General Assembly. Although the bill is 4% pages long, the remainder of the Bill, with one exception, is concerned with conforming the other provisions of the State Properties Control Code to the main change of allowing property to be sold as well as leased.

The part of the bill not concerned with this main change is found in Section 3 which specifically repeals Section 91-105A. That Section gave the Commission the power of eminent domain but was repealed by implication by the adoption of the Act creating the State Properties Acquisition Commission, approved March 30, 1965 (Ga. Laws 1965, p. 396). Since the State Properties Control Code was being amended anyway, it was thought that this obsolete Section should be deleted therefrom.

The members of the Subcommittee have considered H.B. No. 878 and con cluded that it boils down to a policy decision that better addresses itself to the full Committee. In short, should the commission be authorized to sell property or should it continue to be limited to leasing property? The members of the Subcommittee do not have a firm enough opinion on this question to make a recommendation to the full Committee one way or the other.

As a result, the Subcommittee recommends that H.B. No. 878 be taken up by the full Committee, at a duly called meeting thereof to make a determina tion regarding this important matter. Whether or not the bill shall be prepared for reintroduction at the 1969 Session will depend on the decision of the full Committee.
Respectfully submitted,
/s/ J. Floyd Harrington J. Floyd Harrington, Chairman Representative, 47th District
/s/ Reid W. Harris Reid W. Harris Representative, 85th District
/s/ Joe S. Higginbotham Joe S. Higginbotham Representative, 119th District
/s/ L. F. Jenkins L. F. Jenkins Representative, 119th District
/s/ Hugh L. McDaniell Hugh L. McDaniell Representative, 101st District
/s/ Dewey D. Rush Dewey D. Rush Representative, 75th District
/s/ Joe Mack Wilson Joe Mack Wilson Representative, 102nd District

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REPORT OF THE STATE INSTITUTIONS AND PROPERTY SUBCOMMITTEE ON HOUSE BILL NO. 879

TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITU TIONS AND PROPERTY COMMITTEE

Your Subcommittee on House Bill No. 879 has completed its study and sub mits the following report:

BACKGROUND OF HOUSE BILL NO. 879:

House Bill 879 would add a new code chapter to Code Title 91, relating to public property, to establish and maintain in the Office of the Secretary of State, a complete inventory of State Owned real property. The bill also provides certain requirements in connection with acquiring and disposing of State owned real property which are designed to tie in with the real property inventory provisions of the bill.

This bill resulted from the efforts of a previous Subcommittee of the State Institutions and Property Committee which functioned between the 1967 and 1968 Sessions. The first Subcommittee was created because there is no cen tralized inventory of State owned real property, although Executive Orders of the Governor have required such an inventory for years.

It is known that the State of Georgia owns thousands of acres of land and untold numbers of buildings, but there is no single place in the State govern ment that one can go and find a listing of the real property the State actually owns and what it is worth. The information is scattered throughout the vari ous departments and agencies of the State government but is not centrally, or collectively, available, which leaves us with only a vague notion, at best, of the State's total real property assets. It is this deficiency that H.B. 879 seeks to remedy.

FINDINGS:

In considering this bill, your Subcommittee heard testimony from, or cor responded with, personnel of every department or agency of the State govern ment having any substantial amount of real property under its jurisdiction. The vast majority of this testimony indicated that complying with the.require ments of H.B. 879 would not present any substantial problems to the various departments. The personnel of several departments stated that such a bill was needed and they would be in favor of its adoption by the General As
sembly.

The testimony uncovered some problems, however, which are briefly sum marized below.

A. The provision of the bill that would require property to be acquired in the name of the State presents a serious problem to the Board of Regents and the Highway Department and could present a problem to other depart ments in some cases.

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The Board of Regents is authorized by law to acquire and dispose of real property in its own name. If the property had to be acquired in the name of the State, then it would have to be disposed of by the State, probably by joint resolution of the General Assembly. According to Mr. Henry G. Neal, Execu tive Secretary of the Board of Regents, such a procedure would ". . . bring our building program to a screeching halt". In the last five years, the Board of Regents has executed roughly 250 conveyances and it would present the Regents with an impossible situation, according to Mr. Neal, if approval of these con veyances by the General Assembly were required.
The Highway Department is authorized to acquire real property in its own name but is not authorized to dispose of such property. In its relationship with the Federal government, the Department contracts in its own name and, conse quently, it needs the authority to own the property, which is the subject of many of these contracts, in its own name.

It was also pointed out by several departments that property is frequently conveyed to a particular department or agency of the State by gift. If the instrument conveying the property conveys it to the particular department or agency in its own name, then such department or agency would not be able to accept the property, even as a gift, if the law required the property to be conveyed in the name of the State.
B. It was thought by a few persons appearing before the Subcommittee that the inventory form included in the bill required too much detail and that some of the information required by the form could be obtained elsewhere, if needed.
C. Some concern was expressed that the bill did not allow sufficient time to complete the inventory forms required by the bill, particularly by the depart ments having large quantities of real property under their jurisdiction.

D. It was pointed out that the bill did not provide for real property ac quired by eminent domain through a court order, or disposed of by resolution of the General Assembly.
E. There was some objection to the requirement that conveyances acquiring property must be filed in the Office of the Secretary of State before being recorded in the superior court clerk's office of the county wherein the property is located. This procedure is contrary to the established procedures of some departments.
There were several other comments and suggestions regarding some fea tures of the bill which it is not necessary to enumerate in this report.

The Subcommittee also met with Mr. Ben Portson, Secretary of State, who would be responsible for administering the bill if it becomes law. Mr. Fortson stated that such a bill has long been needed and that his Office will be able to administer it if it is passed.

The Subcommittee also gave considerable thought to what should be the status of the several public corporations in the State which have large amounts of real property under their jurisdiction. Although this property techni-

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cally belongs to the public corporations and not the State, the ownership of the property, in most instances, will revert to the State, or the applicable State agency, when the bonded indebtedness on the property is paid off. If this property is not inventoried, then the complete inventory of real property, which is the main purpose of the bill, would be somewhat misleading. For example, the inventory would not even reflect the new Governor's Mansion, because that property technically belongs to the State Building Authority.

RECOMMENDATIONS AND COMMENTS:

Based on its study and the testimony received, the Subcommittee makes the following recommendations, with explanatory comments, to the full Com mittee :

A. That the members of the Subcommittee sponsor a new bill at the 1969 Session which shall be based on H.B. 879 but will incorporate the following changes:

1. That the definition of real property in Section 91-401A(a) be changed to include real property belonging to certain public corpora tions which have substantial amounts of real property under their con trol (enumerated in bill), and that the other provisions of the bill be conformed to this change where necessary.

Comments: For the reasons pointed out in the body of this report, the Subcommittee believes these public corporations should be required to come under the inventory provisions of the bill. Notice, however, that the public corporations are not included in the requirements relating to the acquisition and disposition of real property. They will only be re quired to complete the inventory form, included in the bill, and the other forms the Secretary of State will devise to keep the inventory current. The Secretary of State is directed to keep separate files on real property belonging to the public corporations.

2. That the inventory form included in the bill be changed so as to delete therefrom certain unnecessary questions and the requirement that an exact legal description of the property be provided; and that questions be added to said form relating to property acquired by eminent domain, purchase price, and Federal-State funds involved in the purchase price.
Comments: These changes are recommended as a result of the testi mony received by the Subcommittee, although the form has not been shortened to the extent recommended in some instances. The form as recommended, should not be unduly burdensome if adequate time is al lowed for its completion by the various departments and public cor porations.
3. That the various departments and public corporations be al lowed until January 1, 1970, to complete the inventory forms.
Comments: This change would extend by six months the time originally allowed for reasons pointed out above and in the body of the report.

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4. That a provision be included in the bill authorizing the Secre tary of State to devise certain forms, and require their use by the various departments and public corporations, in keeping the inventory current.

Comments: Although the principal inventory form is included in the bill, we cannot anticipate what will be required in order to keep these forms current, which is why the Secretary of State should have flexibility in this regard and the departments should know he is acting pursuant to a specific provision of the law in devising the other forms that might be necessary or desirable.

5. That Section 91-403A of the bill, which provides requirements relating to the acquisition and disposition of real property, be changed in the following particulars:

(1) That a "definitions" subsection be added. Comments: Since public corporations were added to the definition of real property in the inventory sections of the bill, those definitions should not apply to this Section of the bill.

(2) That the requirement that property be acquired in the name of the State be changed to allow for necessary exceptions as pointed out in the body of the report.

(3) That a provision be added to cover property acquired by eminent domain through a court order.

(4) That a provision be added to cover property disposed of by resolution of the General Assembly.

B. That when the bill introduced by the members of the Subcommittee (a copy of the bill is attached as Appendix I) is referred to the full Committee, it be given a favorable recommendation by said Committee.

Respectfully submitted,
/s/ Carlton Colwell Carlton Colwell, Chairman Representative, 5th District
/s/ J. Lucius Black J. Lucius Black Representative, 56th District
/s/ Arthur J. Funk Arthur J. Funk Representative, 116th District
/s/ Don C. Moore Don C. Moore Representative, 12th District

/s/ Thomas A. Roach Thomas A. Roach Representative, 15th District
/s/ William A. Sims, Jr. William A. Sims, Jr. Representative, 131st District
/s/ Ottis Sweat, Jr. Ottis Sweat, Jr. Representative, 83rd District

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APPENDIX I

A BILL

To be entitled an Act to amend Code Title 91, relating to public property, as amended, so as to provide for the inventorying of real property owned by the State and certain public corporations; to provide for certain definitions; to provide certain requirements relating to the acquisition or disposition of real property by the State or any department or agency there of; to authorize the Secretary of State to devise certain forms and to promul gate rules and regulations to carry out the provisions of this Act; to provide for all matters connected with the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Title 91, relating to public property, as amended, is hereby amended by inserting between Code Chapter 91-4 and 91-5 a new Code Chapter to be designated Chapter 91-4A to read as follows:

"91-4A. Inventory of Real Property; Requirements Relating to the Acquisition or Disposition of Real Property.

"91-401A. Definitions.--The following words as used in Section 91-402A shall have the following meanings:

(a) The words 'real property' shall mean any real property owned by the State of Georgia and under the jurisdiction of any State of ficial, department, board, bureau, commission or other State agency, except public road, street and highway rights-of-way owned by the State Highway Department of Georgia. The words 'real property' shall also mean real property owned by the following public corporations: the Georgia Building Authority, the Georgia Building Authority (Hos pital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island State Park Authority, and the Stone Mountain Memorial Association.

(b) The word 'department' shall mean any State official, depart ment, board, bureau, commission or other State agency having real property under its jurisdiction.

(c) The words 'public corporation' shall mean the public authori ties listed in subsection (a) above and the Stone Mountain Memorial Association.
"91-402A, Inventory of Real Property.
(a) All departments and public corporations are hereby directed to maintain at all times a complete current inventory of real property under their jurisdiction. Said inventory shall be accomplished by the completion of a form, substantially as follows, for each parcel of real property held by such departments and public corporations:

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REAL PROPERTY INVENTORY

Date: ._..._----------..._..._......._..____._..._ (Date form completed)

1. Department: _--.--._......_..--____________________--...___________ (Board, Bureau, Commission, Department, Official or other Agency)

2. Grantor: _____________.__.____________. (Exactly as it appears on instrument)

3. Grantee: _______________________._________.______. (Exactly as it appears on instrument)

4. Date of Instrument:__._______________ 5. Acreage:..

6. Recorded, office of Clerk, Superior Court..._..._._...______.___,_.. County (a) Deed Book______ Polio....--__._ (b) Plat or Map Book___.__ Folio___..__.

7. Location of property. County-----..--___----,,____ City-..--_--__._._ Street address, if applicable, and if not, brief directions to property_

Type of Instrument: (a) Warranty Deed ( ), (b) Quitclaim Deed ( ), (c) Eminent Domain, deed executed ( ), (d) Trustee's Deed ( ), (e) Adm's. or Ex's. Deed ( ), (f) Simple deed, no warranty ( ), (g) Lease ( ), (h) Use Permit ( ), (i) Resolution General Assembly ( ), (j) Deed or gift ( ).
Kind of conveyance: (a) Fee simple ( ), (b) Other ( ), state terms and conditions --__________~__.___._._....___----__--_____________

10. If acquired by eminent domain by court order and no deed was executed: (a) Name of principal defendant--__.____--__._--_----___.______._....__ ______,,.___._.._..____...._____._- (b) Case Number.----_________ (c) Date of final judgment_______________________________
11. Location of original deed-.....--....._.--...----..____......__.____.___._.
12. Is property surplus?____. 13. Purchase price of property____________
14. Purchased with (a) State Funds?...-.---, (b) Federal Funds?.______ (Show % State & Federal)
15. Estimated present value: (a) Land..__.__.___._._..--............._____..____ (b) Improvements _.______.__----.--.____------_----___.----------

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16. Insured for: $_.._..._...._,,.__.........with...__--____. ..Ins. Co.

17. Present Use ------._.__..__________________..__-_.__._.. Name of person completing form.._.._... Title...._.._..._...._._.._.____.,, Signature..

(b) The inventory required by subsection (a) of this Section shall be completed by not later than January 1, 1970, and shall be main tained current at all times thereafter. Immediately upon the comple tion of said inventory, it shall be the duty of each department and pub lic corporation to file a duplicate of same in the Office of the Secretary of State, and the Secretary of State shall compile and index all such in ventories into a single complete inventory of all real property, but the Secretary of State shall maintain separate files on the property be longing to the public corporations. It shall be the further duty of each department and public corporation to file in the Office of the Secretary of State a duplicate of each form or other document, as provided in subsection (c) below, completed by such department or public cor poration in maintaining the inventory of such department current, and the Secretary of State shall utilize such forms or other documents to maintain the complete inventory of all real property current.

(c) The Secretary of State is hereby authorized to devise such forms or other documents as may be necessary to keep the complete inventory of real property current, and it shall be the duty of each department and public corporation to utilize such forms and docu ments as directed by the Secretary of State.

(d) The real property inventory form provided in subsection (a) of this Section shall be completed for each parcel of real p'roperty here after acquired by each department and public corporation. Said form shall be completed within 30 days after the acquisition of any real property, and a duplicate of same shall be forwarded to the Secretary of State.

"91-403A. Requirements Relating to the Acquisition and Disposi tion of Real Property.

(a) As used in this Section, the following words shall have the following meanings:

(1) The words 'real property' shall mean any real property owned by the State of Georgia and under the jurisdiction of any State official, department, board, bureau, commission or other State agency, except public road, street and highway rights-ofway owned by the State Highway Department of Georgia.

(2) The word 'department' shall mean any State official, de partment, board, bureau, commission or other State agency having real property under its jurisdiction.

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(b) All real property, the ownership of which is either required or disposed of by the State or any department thereof after July 1, 1969, shall be subject to the following requirements:

(1) Except as otherwise provided by law and except as other wise required by the nature of the transaction conveying real property to the State or any department thereof, the title to all real property acquired shall be in the name of the State of Georgia, but the conveyance shall have written or printed thereon the de partment for which acquired.

(2) The original of any conveyance acquiring real property shall be filed in the office of Secretary of State before being re corded in the office of the clerk of the superior court of the county or counties wherein such real property is located. When such conveyance is presented to the Secretary of State for filing, it shall be accompanied by a plat of the real property conveyed, and it shall be the duty of the Secretary of State to have such convey ance and plat recorded in the office of the clerk of the superior court of the county or counties wherein such real property is lo cated. Any fees required for such recording shall be paid by the department acquiring such real property or by the seller of such property, as the case may be. After having such conveyance and plat so recorded, the Secretary of State shall index and retain the same as a part of the permanent records of his office, but an exact copy of said conveyance and plat shall be produced by the Secre tary of State and forwarded by him to the department acquiring the property.

(3) When real property is acquired by eminent domain and is conveyed to the State or department thereof by court order, it shall be the duty of the acquiring department to obtain and transmit to the Secretary of State a certified copy of said court order, and the Secretary of State shall index and retain the same as a part of the permanent records of his office.

(4) The original of any conveyance disposing of real proper ty, except a resolution of the General Assembly, shall be filed in the office of the Secretary of State before being recorded in the office of the clerk of the superior court of the county or counties wherein such real property is located. When such conveyance is presented to the Secretary of State for filing, it shall be ac companied by a plat of the real property conveyed, and the Secre tary of State shall cause such conveyance and plat to be duplicated. The duplicate of such conveyance and plat shall be indexed and retained by the Secretary of State as a part of the permanent records of his office. The original of such conveyance and plat, along with a certificate, under seal, of the Secretary of State show ing that the same has been filed in his office shall be returned to the purchaser of such real property. Upon receiving the original of such conveyance and plat and certificate of the Secretary of State, the purchaser of such real property may then have the same recorded in the office of the clerk of the superior court of the county or counties wherein such real property is located.

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(5) When real property is conveyed by a resolution of the General Assembly, the Secretary of State shall obtain, and certify as true and correct, a copy of said resolution and retain the same as a part of the permanent records of his office.

(c) The documents which are required to be maintained by the Secretary of State as a part of the permanent records of his office as provided by paragraphs (2), (3), (4) and (5) of subsection (b) of this Section shall be used by him, in such manner as he shall determine, in maintaining the inventory of real property as provided in Section 91-402A.

"91-404A. Secretary of State Authorized to Promulgate Rules and Regulations.--The Secretary of State is hereby authorized and directed to promulgate such rules and regulations as may be necessary to carry out the provisions of this Chapter, provided such rules and regulations are not in conflict with the provisions of this Chapter."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

REPORT OP THE STATE INSTITUTIONS AND PROPERTY SUBCOMMITTEE ON SENATE BILL NO. 343

TO: THE CHAIRMAN AND ALL MEMBERS OF STATE INSTITUTIONS AND PROPERTY COMMITTEE
Your Subcommittee on Senate Bill No. 343 has completed its study and submits the following report:

INTRODUCTION:
Senate Bill No. 343 was introduced at the 1968 session, and although the bill did not pass, there is continuing interest in it, and this Subcommittee was created as a result of that interest. Senate Bill No. 343 would provide that no State department, agency or commission shall operate a nursery project for production of ornamental shrubbery or plants for the purpose of sale to the public. The bill further provides that such shrubbery or plants cannot be sold to other State agencies but that they could be given to other State agencies.
FINDINGS:
In carrying out its duties, the Subcommittee met with officials of the State Department of Corrections and with prison officials of Georgia State Prison at Reidsville on December 2, 1968. At this meeting, the prison industries nursery operation at Reidsville was thoroughly discussed, particularly with regard to the effect that a bill such as Senate Bill No. 343 would have on that opera tion if it became law.
The Subcommittee also held a public hearing at the State Capitol on Decem ber 12, 1968. Officials and members of the Georgia Nurserymen's Association were specifically invited to attend this public hearing as well as officials of the

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Department of Corrections. The testimony received by the Subcommittee at this public hearing was transcribed and is being kept available for future reference.

CONCLUSIONS AND RECOMMENDATIONS:

The members of the Subcommittee have concluded that prison industries are of the utmost importance to our penal and correctional system. These industries play a fundamental part in the rehabilitation of prisoners by helping to avoid idleness on the part of prisoners, which is one of the greatest problems as sociated with penal institutions, and by preparing prisoners to find gainful em ployment upon their release, which is directly related to keeping prisoners out of further trouble once they are released.

It became increasingly clear, however, to the members of the Subcommittee, as its study progressed, that the entire subject of prison industries is in need of a systematic and thorough study, and that it is difficult to consider one par ticular prison industry, such as the nursery, without considering the other prison industries, because they are all interrelated. The problem of reconciling the need for prison industries with the rights and interests of private enterprise needs to be given thorough consideration in connection with the study of the general subject of prison industries.

As a result of its studies and deliberations, the Subcommittee is in a posi tion to make the following recommendations:
1. That an appropriate committee be created to make a thorough study of the entire subject of prison industries in Georgia and make a report to the 1970 Session of the General Assembly of Georgia setting forth its findings and recommendations.
2. That the nursery in operation at Reidsville not be expanded beyond its projections for the year 1969, and that the future development of this par ticular industry should be based on the findings resulting from the study con templated by recommendation 1, above.
3. That no bill containing the provisions of Senate Bill No. 343, introduced at the 1968 Session, be adopted at the 1969 Session and that, if additional legislation is needed, it should be based on the findings resulting from the study contemplated by recommendation 1, above.
Respectfully submitted,
/s/ George Jordan George Jordan, Chairman Representative, 55th District
/s/ J. T. Dailey J. T. Dailey Representative, 53rd District
/s/ Paul E. Nessmith, Sr. Paul E. Nessmith, Sr. Representative, 44th District
/s/ Albert W. Thompson Albert W. Thompson Representative, 85th District

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REPORT OP THE RECREATIONAL FACILITIES SUBCOMMITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE

TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITU TIONS AND PROPERTY COMMITTEE

Your Subcommittee on Recreational Facilities has completed its study and submits the following report:

The Subcommittee made a tour of North Georgia State Parks on No vember 6 and 7, 1968, and a tour of Southeast Georgia State Parks on December 3 and 4, 1968. As a result of these tours and after many discussions with the personnel of the State Parks Department, the Subcommittee is in a position to make several recommendations which are set forth below. These recommendations are separated into two categories: specific recommendations concerning the improvement of individual State parks and general comments and recommendations concerning all State parks.

SPECIFIC RECOMMENDATIONS

Red Top Mountain State Park:
1. That the group campsite location for this park, as selected by the per sonnel of the Department of State Parks, be approved. In this connection, the Subcommittee has adopted a resolution recommending that the group camp be constructed on the site selected by the Department of State Parks and recom mends forwarding a copy of said resolution to Senators Richard B. Russell and Herman Talmadge to enlist their assistance in obtaining the necessary approval from the Corps of Engineers to construct said group camp. A copy of said resolution is attached to and made a part of this report as Appendix I.
2. That the construction of the Nature Center, as outlined by the Department of State Parks, be approved and that said Department proceed with the de velopment of same.
3. That the Department of State Parks contact the City of Cartersville for the purpose of obtaining information relative to contracting with said City to extend water services to Red Top Mountain State Park property.
4. That any new lease for the operation of the park marina facility be advertised in a local paper and a paper of general circulation in an effort to obtain the highest responsible bid for the operation of said facility.
Amicalola Falls State Park:
1. That certain boundary lines of this park be planted with some type of trees or shrubs to provide a screening effect in those areas of the park where such screening is needed.

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2. That the Department of State Parks seek the assistance of the Soil Conservation Service in making: a more extensive investigation of the con ditions of both the lake and the reflection pool dams.

3. That no additional funds be expended on the reflection pool at this time.

Vogel State Park:
1. That mercury vapor lights be installed as needed at locations through out the park area.
2. That the Parks Department make a study of the feasibility of owning the paddle boats rather than leasing same under the present arrangement.
3. That the attached resolution (Appendix II) requesting the assistance of Senators Russell and Talmadge and Congressman Landrum in encouraging the United States Forest Service to deed in a fee simple to the Department of State Parks (without cost) or to lease to said Department for a 50-year period 167 additional acres of land (including 67 acres presently under a Use Permit), which is vital to the expansion of said park and is necessary for the proper and orderly development of same, be forwarded to State Representative Carlton Colwell for his letter of transmittal to Senators Russell and Talmadge and Congressman Landrum.

Hamburg Park Area:
1. That the walkway to the old mill and from the mill to the ginhouse be repaired prior to opening same to the general public.
2. That the Parks Department look into the possibility of draining the lake and restocking same.
3. That the Parks Department limit the development of this area for a year in order to gain experience as to the visitation of the area by the public.

Lincoln State Park:
1. That the Parks Department make every effort to complete the swim ming pool facilities in this park prior to the next summer season.

Magnolia Springs State Park:
1. That serious consideration be given to the construction of a new rest station in the day-use area prior to the next summer season, if funds are avail able, and that a portable rest station be utilized until such construction is 'Completed.
2. That, as soon as feasible, an additional pool be constructed to satisfy the demands of the public, predicated on a user's study, and that a filter system l>e constructed sufficient to accommodate both pools.

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3. That the group camp contract be let as soon as feasible.

4. That rain gutters be installed on the cottages in such manner as the Parks Department shall determine.

5. That consideration be given to placing of ceramic tile or some other appropriate building medium, as determined by the Parks Department, on the floors and walls in the bathroom areas of the cottages.

Richmond Hill Area:
1. That the Parks Department make an effort to get a road constructed to Savage Island at the earliest feasible time, and that said Department should proceed with only a limited development of this area.

2. That the Georgia Historical Society be contacted by the Parks Depart ment to explore the possibility of having the Parks Department take over the management of Fort McAllister, which is located adjacent to and is surrounded on three sides by the proposed State park area. In this connection, the Depart ment might also explore the possibility of having the Historical Society take over the operation and management of Jeff Davis State Park, which consists primarily of a historical site with a museum, caretaker's residence and picnick ing facilities.

Skidaway Island:
1. That the Parks Department acquire title to the land proposed for a State park as soon as possible and proceed with a land-use engineering study for the future development of the park.

GENERAL COMMENTS AND RECOMMENDATIONS
1. The Subcommittee has observed that the State Parks Department, within the past two or three years, has acquired several areas for State park sites throughout the State which have not been developed properly and suf ficiently because of a lack of sufficient funds. The Subcommittee believes that the existing State parks and the new areas should be developed to their fullest potential before any additional new park sites are taken into the State Park System. Therefore, the Subcommittee recommends that before any new park sites are acquired such acquisition must be approved by the State Institutions and Property Committee upon the recommendation of the State Parks Depart ment, and the Recreational Facilities Subcommittee.

2. That the State Parks Department make a study of all parks located adjacent to United States Forest Service lands in an effort to determine the amount of additional land which is needed to properly expand said parks Such study should include the preparation of plats showing existing park areas and the area desired for future expansion. The United States Forest Service should be encouraged to provide these additional lands, either by fee simple deed at no cost, or by a 50-year lease for same. When the recommended studies have been completed, the information is to be furnished to the Subcommittee along with a request that a resolution be drafted and forwarded to the U. S. Forest Service encouraging the leasing or deeding of the additional lands desired to
the State Parks Department.

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3. That the State Parks Department contact all Federal agencies and State agencies concerned with the future development of recreational facilities in an effort to schedule periodical meetings for the purpose of familiarizing and coordinating any future recreational developments planned throughout the State.

4. That the Parks Department look into the feasibility of building larger trading posts at the various State parks in the future in order to better ac commodate the anticipated increase of visitors to the State parks.

5. That the State Parks Department discontinue any plans for building regulation golf courses at State parks. We feel that building and maintaining golf courses is a local responsibility, and the money allocated to the State Parks Department should be used to serve more State park users in other forms of outdoor recreation.

ACKNOWLEDGEMENT
The members of the Subcommittee acknowledge with appreciation the con tinued cooperation of Mr. John L. Gordon, Director, Department of State Parks, and Mr. Henry D. Struble, Deputy Director, and the other personnel of the Department, in assisting the Subcommittee in carrying out its duties and responsibilities.
Respectfully submitted,
/s/ Paul E. Nessmith, Sr. Paul E. Nessmith, Sr., Chairman Representative, 64th District
/s/ Hugh Lee McDaniell Hugh Lee McDaniell, Vice-Chairman Representative, 101st District
/s/ Wiliam A. Sims, Jr. William A. Sims, Jr., Secretary Representative, 131st District
/s/ J. D. Grier, Jr. J. D. Grier, Jr. Representative, 132nd District
/s/ Joe S. Higginbotham Joe S. Higginbotham Representative, 119th District
/s/ Ottis Sweat, Jr. Ottis Sweat, Jr. Representative, 83rd District

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APPENDIX I

A RESOLUTION

Urging the U. S. Corps of Engineers to approve the construction of a group camp facility at Red Top Mountain State Park on the site selected by the State Parks Department; and for other purposes.

WHEREAS, all property comprising Red Top Mountain State Park is under the jurisdiction of the U. S. Corps of Engineers; and

WHEREAS, any improvements made on such property must be approved by the U. S. Corps of Engineers; and

WHEREAS, the Georgia State Parks Department has selected a site at said park for a group camp facility which is needed for the orderly development of said park and to accommodate the increasing public demand for such facilities; and

WHEREAS, the site selected by said Department is ideal for such a facility, having all the advantages associated with such facilities and none of the dis advantages; and

WHEREAS, the site for said facility selected by said Department ties in with the long-range plan for the development of said park.

NOW, THEREFORE, BE IT RESOLVED BY THE RECREATIONAL FACILITIES SUBCOMMITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE that the United States Corps of Engineers is hereby urged to approve the construction of a group camp facility at Red Top Mountain State Park on the site selected by the Georgia State Parks Department.

BE IT FURTHER RESOLVED that Honorable Richard B. Russell and Honorable Herman E. Talmadge, United States Senators from the State of Georgia, are hereby requested to use their influence in persuading the U. S. Corps of Engineers to approve the group camp facility at Red Top Mountain State Park as proposed by the Georgia Department of State Parks.

Read and adopted this ..,,_,,,,._. day of December, 1968.

WILLIAM A. SIMS, JR., Secretary Recreational Facilities Subcommittee, State Institutions and Property Committee

APPENDIX II

A RESOLUTION

Requesting the assistance of Honorable Richard B. Russell, Honorable Her man E. Talmadge, United States Senators from Georgia, and Honorable Phil M. Landrum, United States Congressman, 9th Congressional District of Georgia, in

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encouraging the United States Forest Service to deed certain property to the Georgia Department of State Parks for the expansion of Vogel State Park; and for other purposes.

WHEREAS, the United States Forest Service owns many acres of property adjacent to Vogel State Park; and

WHEREAS, 167 acres of said property is sorely needed by the Georgia State Parks Department for the expansion of said State Park; and

WHEREAS, of said 167 acres, 67 are presently being used by the State Parks Department pursuant to a Use Permit with the U. S. Forest Service for a period of ten years, of which seven years remain; and

WHEREAS, the present Use Permit curtails the expenditure of State funds for the proper facility development of said area; and

WHEREAS, said property would be used to its greatest advantage as an expansion of Vogel State Park, because it would be of great benefit not only to the people of Georgia but also to people throughout the United States who use and enjoy said Park; and

WHEREAS, Vogel State Park is one of the most popular and best attended States parks, serving some 450,000 visitors during the fiscal year ended June 30, 1968; and

WHEREAS, the U. S. Forest Service should be encouraged to deed said property in fee simple, without cost, to the State Parks Department or lease said property to said Department for a period of 50 years, without cost, in order to use said property to its best advantage as aforesaid.

NOW, THEREFORE, BE IT RESOLVED BY THE RECREATIONAL FACILITIES SUBCOMMITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE that Honorable Richard B. Russell, Honorable Her man E. Talmadge, United States Senators from Georgia, and Honorable Phil M. Landrum, United States Congressman, 9th Congressional District of Georgia, are hereby respectfully requested to use their influence in encouraging the United States Forest Service to deed or lease 167 acres of land adjacent to Vogel State Park to the State Parks Department as hereinabove provided.

BE IT FURTHER RESOLVED that appropriate copies of this resolution be forwarded to Senators Russell and Talmadge and to Congressman Phil M. Landrum.

Read and adopted this ~__,, day of December, 1968.
William A. Sims, Jr., Secretary Recreational Facilities Subcommittee, State Institutions and Property Committee.

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REPORT OF THE STATE INSTITUTIONS AND PROPERTY SUBCOMMITTEE
ON YOUTH DEVELOPMENT CENTERS AND THE GEORGIA FACTORY FOR THE BLIND

TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITU TIONS AND PROPERTY COMMITTEE

Your subcommittee on Youth Development Centers and the Georgia Factory for the Blind has completed its study and submits the following report:

INTRODUCTION:

At the organizational meeting of the Subcommittee, Representative Ottis Sweat, Jr., was elected Secretary of the Subcommittee.

The Subcommittee was created for the purpose of visiting some of our youth development centers and the Georgia factory for the blind to make an inspection of the physical facilities of these institutions and also to evaluate the programs being carried on and the manner in which these institutions are being operated.

In carrying out its duties, the Subcommittee visited the Georgia Factory for the Blind located at Bainbridge, Georgia, and the following youth development centers: the Youth Development Center for Girls at Adamsville, the Youth Development Center for Boys at Milledgeville, and the Youth Development Center for Boys and Girls at Augusta.

COMMENTS AND RECOMMENDATIONS:

Based on its visit to these institutions and discussions with the personnel in charge of the respective institutions, the Subcommittee is prepared to make the following comments and recommendations:

The Georgia Factory for the Blind at Bainbridge

The Subcommittee met with Mr. Harold Emlet, Superintendent of this in stitution, who conducted the members on an inspection tour of the factory.

The factory employes 100 persons, both male and female. Sixty of these employees are classified as blind while the remaining forty are sighted. These employees are engaged in the manufacture of brooms, mops, mattresses and highway stakes.

The Subcommittee found that the factory was being operated satisfactorily and that it is performing an important function in providing employment for certain blind people. The Subcommittee also noted that the various machines are equipped with safety devices which greatly reduce the possibility of injury to the blind or partly sighted people operating the machines.

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Youth Development Center for Girls Adamsville

The Subcommittee met with Mr. Stringer, Superintendent, who conducted the members on a tour of the center. The grounds, buildings and rooms of this institution are clean and maintained in good order. The inmates are well cared for, and the members of the Subcommittee were favorably impressed with the physical facilities and the operation of this institution.

Youth Development Center for Boys Milledgeville

The Subcommittee met with Mr. Alex Darbaris, Superintendent, who con ducted the members on an inspection tour and also explained the programs in progress at the institution.

This institution has 420 inmates who are housed in fifteen cottages. While the physical facilities are generally satisfactory, the following deficiencies were noted by the Subcommittee:

1. There were no pillows on the beds in the cottages. 2. There was only one mirror in each restroom. 3. There are not enough sinks in the restrooms.

The members of the Subcommittee believe that these deficiencies could and should be corrected without delay. It seems unreasonable that pillows are not provided, and most of the inmates are of shaving age which presents a problem when only one mirror is provided in each restroom and not enough sinks are available. The inmates are required to operate on a close time table in the mornings, but the lack of these facilities in sufficient quantity creates a dif ficult situation for them.

The institution operates a body and fender and auto mechanics repair pro gram which provides training and avoids the problem of idle time for many in mates. A paint and print shop is also being operated by the inmates.

Under a relatively new program, 12 inmates are allowed to have part-time jobs in town but continue to be housed and maintained at the center. The Superintendent believes this program has excellent rehabilitative possibilities for selected inmates and is very satisfied with his experience under the program.

The Superintendent believes that it is very important to have a well-rounded program of educational and vocational training opportunities in order to success fully rehabilitate these young men so that they will lead productive lives when they are released. In this connection, he would like to establish a typing and bookkeeping school and acquire an offset press for the print shop. He is also interested in the possibility of establishing a dairy to train inmates and also supply dairy products for the center and perhaps other State institutions.

The Superintendent pointed out that he has an immediate need for two additional security personnel for the night shift. Unlike other hours of the day,

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certain disciplinary problems are encountered at night which gives rise to the need for these additional personnel.

In summary of the Subcommittee's thoughts regarding this institution, it is felt that the needed physical facilities previously discussed should be provided as soon as possible; that the additional security personnel for the night shift should be provided as soon as possible; and that thoughtful considera tion should be given to the Superintendent's proposals for expanded programs, at this center by the appropriate personnel of the State Department of Family and Children Services.

Youth Development Center for Boys and Girls Augusta
The Subcommittee met with Mr. Therell Banks, Superintendent, who discussed this center with the members and also conducted them on a tour of the buildings and grounds.

At the time of the Subcommittee's visit, this center had 4 girls and 18 boys committed to its care. The center is designed for a capacity of 30 inmates.

Normally, the boys and girls sent to this center remain only about 90 days and are quite young, being 11 and 12 years old in some instances.

The children are under the supervision of 10 house parents who also cook for the children. These houseparents rely heavily on canned food because of time and other factors. The Subcommittee believes that a full-time cook is needed at this institution in order to prepare more appealing and well balanced meals. It is recommended that a full-time cook be employed at the earliest possible time. Food for this institution is purchased by the State Purchasing Department except perishable food which is purchased locally on a lowest bid basis.

The Superintendent stated that the center needs an additional houseparent and a diagnostic caseworker for the children of this institution.

There was one feature, in particular, at this institution which the members of the Subcommittee found quite disturbing. These children are assigned to very small individual cells and, at night, each child is locked in his cell. The cells are clean and neat but very small with a window to the rear and a very small window in the cell door.

The members of the Subcommittee were advised that these measures were necessary until two additional security personnel could be employed. It was pointed out that, while some of the inmates were quite young, others are older and it is necessary to protect the young inmates from the older, particularly at night. The members of the Subcommittee recognize that this procedure has been necessary in the past, because the superintendent has not had enough security personnel to allow him to change the procedure without running the risk of serious injury or other harm to the younger inmates. There may be instances when it is necessary to confine some of these inmates under very tight security, but what is disturbing in this case is that all of the inmates are routinely locked up in cells at night. This system creates an atmosphere that cancels out other efforts that might be made to rehabilitate these children and should be dis continued at once.

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We strongly recommend, therefore, that whatever additional personnel are needed at this institution to discontinue the practice of locking these children in cells at night be provided immediately.
Respectfully submitted,
/si Don C. Moore Don C. Moore, Chairman Representative, 12th District
/s/ Ottis Sweat, Jr. Ottis Sweat, Jr., Secretary Representative, 83rd District
/s/ J. Floyd Harrington J. Floyd Harrington Representative, 47th District
/s/ L. F. Jenkins L. F. Jenkins Representative, 119th District

REPORT OF THE PENAL INSTITUTIONS SUBCOMMITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE

TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITU TIONS AND PROPERTY COMMITTEE

Your Subcommittee has completed its study and submits the following report:

INTRODUCTION:

The Subcommittee curtailed its activities somewhat during the interim be tween the 1968 and 1969 Sessions because the Governor's Citizens Penal Reform Commission was active at that time, and it was thought that the Commission should be given an opportunity to make its investigation and report without its efforts being duplicated by the Subcommittee. The Subcommittee did visit several county work camps throughout the State, however, and other prison facilities, and it is hoped the following information might be of some interest.

FINDINGS:

The Subcommittee noted that substantial improvements have been made at several county work camps since the Subcommittee's investigation in 1967. On the other hand, several camps that fall below minimum standards are still in operation, while several others were closed during 1968.

With regard to improvements which have been made at some of the camps, the Subcommittee noted cleaner living conditions, better food, better physical facilities in some instances, and an improved attitude on the part of the inmates.

Camps still operating which are not up to minimum standards are those of the following counties: Irwin, Laurens, Miller, Oglethorpe, Pierce and Wilkes. The main problems with these camps are the physical facilities. They are of

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wooden construction and do not meet minimum specifications. Many of the buildings are in very bad shape.

Pierce County's camp was of particular interest to the Subcommittee, because the inmates at this camp are better fed, more trustworthy and generally more content than the inmates of any other camp visited. All the inmates at this camp are on their honor, and there are no firearms present. Yet, the physical facilities at this camp are clearly inadequate. The roof of the building where the inmates are housed is in terrible shape and leaks badly during rain. The dining room is also in bad shape.

Camps of the following counties were closed during 1968: Burke, Cobb, Dodge, Greene, Jones, Marion, McDuffie, Wilcox and Wilkinson. Cobb County's camp was closed because the governing authority of the County found that the camp was a financial burden to the County, but the camp did meet the standards required by the Board of Corrections.

While other factors were involved, the other camps were closed mainly be cause they did not meet the minimum standards required by the Board of Cor rections. The Burke County camp, for example, had a serious water supply problem, and being unable to successfully solve the problem it became necessary to close the camp.

With regard to county work camps, the Subcommittee would like to point out that the counties attempting to maintain these camps are on the horns of a dilemma in many cases. For example, the problem with many of these camps is that the physical facilities do not meet minimum standards. On the other hand, everyone seems to be recommending that the entire idea of these camps is out moded and that they should all be closed. The county operating a camp with in adequate facilities is faced with the problem of making substantial capital outlays to bring its camp up to minimum standards when the camp might be closed in any case. While we are not defending inadequate camps or even the concept of county work camps, we do think it is important to understand that some counties that might be willing to spend the money to improve their camps are caught in a very difficult situation tinder present circumstances.

With regard to Reidsville State Prison, the Subcommittee noted that 2,945 prisoners are presently confined in this institution when it was designed for only 1800 inmates. As a result, there is a serious overcrowded condition at this prison which contributes to many of the problems associated with the institution.

The Subcommittee also noted that trusties at Reidsville State Prison are returned to the main prison facility at night after being outside the prison during the day. This procedure allows the possibility of drugs, alcohol, weapons and other undesirable items being brought into the main prison facility by these trusties, which also contributes to the problems associated with this institution.

RECOMMENDATIONS AND COMMENTS:

The Subcommittee recommends that the work camps of the following counties be closed if not brought up to minimum standards in the near future: Irwin, Laurens, Miller, Oglethorpe, Pierce and Wilkes.

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3363

The Subcommittee is of the firm opinion that the proposed maximum security building and the proposed visiting facility at Reidsville State Prison are essential. The Budget Report requests funds for these facilities, and the Sub committee recommends that the funds requested be included in the General Ap propriations Act.

The Subcommittee also recommends that present plans for the renovation of some of the facilities at Reidsville State Prison be carried out as soon as possible in order to alleviate the overcrowded condition at this institution.
The Subcommittee further recommends that trusties be housed in a separate building from the general prison population and not be allowed to mingle with the general prison population except under supervision.
Respectfully submitted,
/si J. T. Dailey J. T. Dailey, Chairman Representative, 53rd District
/s/ Andy Roach Andy Roach, Vice-Chairman Representative, 10th District
/s/ George W. Potts George W. Potts, Secretary Representative, 30th District
/s/ J. Lucius Black J. Lucius Black Representative, 45th District
/s/ Dewey D. Rush Dewey D. Rush Representative, 51st District

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE STATE PLANNING BUREAU STUDY COMMITTEE (House Resolution No. 659)

THE COMMITTEE

Honorable Wayne Snow, Jr. Representative, 1st District Chairman
Honorable Fred L. Winkles VRiecpereCsheanitramtiavne, 120th District
V J.UC -- *~'ilctlllllctll
Honorable I. Lawrence Shields Representative, lllth District Secretary

Honorable Glenn S. Phillips Representative, 41st District THTonorab,le ,,Howard, S,,.immons Representative, 9th District
Honorable Joe Mack Wilson R_-. epresenjtat. ive, w10f\f2\ nd1 D1-visitri cit

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January, 1969

INTRODUCTION

The State Planning Bureau Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 659. The Speaker appointed the following members of the House of Representatives to the Committee:
Honorable Wayne Snow, Jr. Representative, 1st District
Honorable Fred L. Winkles Representative, 120th District
Honorable I. Lawrence Shields Representative, lllth District
Honorable Glenn S. Phillips Representative, 41st District
Honorable Howard Simmons Representative, 9th District
Honorable Joe Mack Wilson Representative, 102nd District

The Committee elected Representatives Wayne Snow, Jr., Chairman; Repre sentatives Fred L. Winkles, Vice-Chairman; and Representative I. Lawrence Shields, Secretary.

FINDINGS AND RECOMMENDATIONS
The Committee was created for the purpose of studying the present struc ture of the State Planning Bureau and to review its responsibilities and its programs. The legislation setting up the State Planning Bureau which was ap proved March 31, 1967, provides a broad and comprehensive format for the functioning of this department of State government. The Bureau is authorized to prepare comprehensive and long-range recommendations for the orderly and coordinative growth of the State with special emphasis on the relationship of 'activities, capabilities and future plans of local units of government, area planning commissions, private enterprise, and the State and federal govern ment, plus coordinating and assisting departments, agencies and institutions of State government. Primarily, it can be assumed that the need for the legisla tion arose from the recognition that government in a complex and technical age must have direction and must be conducted in a businesslike and orderly form. Because the various departments of State government all move too frequently in different directions there are obvious duplicities in many fields--such as population studies, growth studies, health needs, future welfare crisis situations and highway construction. It is obvious that many of the efforts of these de partments can be made available to other agencies of State government so as to avoid duplicity and costly man-hours in conducting studies which have already been done by others. There unquestionably is some jealousy within the depart ments of State government relative to their research and their works which discourages coordinated efforts to some extent. It is believed by the Committee that for the State Planning Bureau to function as intended, it must have the

INTERIM COMMITTEE REPORTS

3365

cooperation of all of the departments of State government, and this we feel is possible so long as the State Planning Bureau acts solely as a coordinating agency and acts in accordance with the intent of the Legislature by being solely an advisory agency.

It would be unfair in the extreme to say that the State Planning Bureau had not functioned as the State Legislature in its initial action in creating the Bureau intended. We must remember that this Bureau was actually established on April 1, 1967, and became functional according to its Director in February of 1968. The Bureau assumed the personnel and the budget of what was the Planning Division of the Department of Industry and Trade. At the initial meeting of the Committee, of the 44 technicians and trained personnel who had previously made up the staff of the Planning Division, there were only two who continued to be members of the staff of the State Planning Bureau. It should be pointed out that practically all of the previous staff members are still engaged in planning and programming with other governmental and private agencies. There apparently were numerous personnel problems be tween the Director and the original members of the staff concerning the direc tion which the Bureau should take in accomplishing its goals and objectives. The Committee had occasion to interrogate and discuss the different areas of responsibility among the present staff of the Bureau. We found each to be highly qualified and capable in the areas of planning and coordination. We recog nize that the Bureau is a new functioning agency of State government and, as such, is plagued and beset with all the difficulties which accompany something that is new and also something that is completely restaffed. This agency of State government deserves the opportunity to exist, to learn and to progress in the direction for which it was intended. It has in recent months apparently become more concerned with the area planning commissions and local com missions which have functioned so well in Georgia in regional planning and
development.

The Committee feels that the State Planning Bureau has missed some of its direction in not more fully utilizing the vast experience and methods which have been successfully pursued by the area and local planning commissions. These commissions can prosper even more with a coordinated agency which lends assistance and which formulates programs on a statewide basis to the differing regions of our State. The success of creating a State Planning Bureau was due largely to the support which the movement received from the area and local planning commissions which desired for themselves a central agency of State government which would provide information in differing areas of planning to take advantage of the successes in which some area commissions had experienced in certain fields and to avoid the failures and the problems which other commissions had experienced in some fields.

The Committee had the opportunity to study the State Planning Bureau for the State of New York which functions primarily as an advisory agency to the Governor. There are no area planning commissions in the State of New York except for the local commission in New York City. We were impressed that one of the primary objectives of the State Planning Commissions of New York is to establish regional and area commissions so as to bring state planning closer to the local areas. Georgia is and has been in the forefront in the formulation of area planning commissions. We feel that it is unfortunate that this State which has made so much progress in area and regional commissions should not take full advantage of this progress through a coordinated effort within the State Planning Bureau itself.

3366

JOURNAL OF THE HOUSE,

As stated earlier in this report, it must be realized that the Bureau must, through time and experience, discover its own direction. It is a youthful de partment of State government, but planning and coordination is a vital part of State government and, with the changing trends and the difficulties besetting us, the vast amounts of federal grants, the need for these grants to be ad ministered and properly funded into the most critical areas, it is essential that Georgia continue and maintain its position of leadership in regional planning with an appropriate agency of State government to advise, administer and co ordinate planning and programming activities. The Bureau of Planning and
Programming in the future of this State will play a far greater role and is far more important to all the people of this State, now and in the future, than any individual in the Bureau or any differences that have arisen between the Di rector, the former staff and the various area planning commissions. There is no question but that personalities have clashed within the Bureau. There is no question but that genuine concern exists in different quarters as to the direc tion in which the Bureau is headed. There is no question as to the sincerity of the Director of the Bureau, Mr. H. Oliver Welch, and in his dedication to pro moting state planning. However, upon his assuming his position of Director, he had no previous experience in plannning and it is quite obvious that this re sulted in many of the dissensions that have arisen during its first years of existence. Mr. Welch is an able and capable individual and, as state planning is youthful and as there is much yet to learn in planning and programming if it is to be successful, we must recognize that there are numerous direc tions in which the Director can carry his Bureau and must recognize, too, that in this field there is much to be learned by all.

The Committee strongly urges the funding of the Bureau, the continuation of its services, and we most strongly encourage and recommend to the Director and to his staff that greater efforts be made to make the Bureau truly a co ordinating agency for the various departments of State government, for federal agencies, and for the area planning and development commissions. We urge the Director and his staff to work closely with the Advisory Commission which was created primarily to establish the direction in which the Bureau should be proceeding. We would urge, too, that the Bureau not become so involved in so many areas until it is in a position to function properly in those fields to
which its attention should first be applied.

ACKNOWLEDGEMENTS

We are especially grateful to the Director and staff of the State Planning Bureau; the various area and regional planning commissions; and the Office of Legislative Counsel for their assistance and cooperation.

Respectfully submitted,
/s/ Wayne Snow, Jr. Wayne Snow, Jr., Chairman Representative, 1st District
/s/ Fred L. Winkles Fred L. Winkles, Vice-Chairman
/s/ I. Lawrence Shields I. Lawrence Shields, Secretary Representative, lllth District

/s/ Glenn S. Phillips Glenn S. Phillips Representative, 41st District
/s/ Howard Simmons Howard Simmons Representative, 9th District
/s/ Joe Mack Wilson Joe Mack Wilson Representative, 102nd District

INTERIM COMMITTEE REPORTS

3367

TO. THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OP THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE TEACHER RETIREMENT-COMPENSATION STUDY COMMITTEE
(House Resolution No. 793)

*******

THE COMMITTEE

Honorable Daniel K. Grahl, Chairman Representative, 52nd District
Honorable Grace T. Hamilton Secretary Representative, 137th District
Honorable Mitch Miller, Member Representative, 108th District

Honorable Jamie W. Oglesby Member Representative, 92nd District
Honorable Burton M. Wamble Member Representative, 90th District
Honorable J. H. Henderson, Jr., Member Representative, 102nd District

January, 1969
I.
INTRODUCTION
The Teacher Retirement-Compensation Study Committee was created pur suant to the authority of House Resolution 793. Under the authority vested in the Speaker by House Resolution 793, the Speaker appointed the following members of the House to the committee.
Honorable Daniel K. Grahl Representative, 52nd District
Honorable Grace T. Hamilton Representative, 137th District
Honorable Mitch Miller Representative, 108th District
Honorable Jamie W. Oglesby Representative, 92nd District
Honorable Burton M. Wamble Representative, 90th District
Under the authority vested in the Speaker by House Resolution 3, the Speaker appointed the following member of the House to the committee:
Dr. J. H. Henderson, Jr. Representative, 102nd District

3368

JOURNAL OF THE HOUSE,

The Speaker designated Representative Daniel K. Grahl as Chairman of the Committee. At the organizational meeting held on August 22, 1968, Repre sentative Grace T. Hamilton was elected secretary.

The resolution authorizing the creation of the committee, charged the com mittee with the responsibility of comprehensively studying "the compensation and retirement benefits and allowances received by public school teachers of this State with particular emphasis on the teacher salary index employed by the State Department of Education".

In carrying out its responsibility the committee heard from individuals with special knowledge in the field of teacher compensation and retirement.

II.
FINDINGS AND RECOMMENDATIONS
A. The salary index scheduled is used by the Department of Education for determining the amount of compensation a public school teacher will receive from State funds. For an example, under the present salary index schedule a begin ning teacher with a T-4 certificate (graduate from an accredited four year col lege or university with the required education course credits) receives $5,200 per year from State funds. Some local systems, particularly those in the metro politan areas, will supplement their teachers several hundred dollars per year.
In the early 1960's a committee was appointed to develop a salary index schedule for the teachers in the public schools. Mr. Sam Wood was the chair man, and the index schedule which was developed was known as the Wood Index. The committee that drafted the Wood Index was particularly concerned with keeping teachers in the profession during their second through fifth years. As a result under the Wood Index the teachers beginnning their second through fifth years received a higher percent of income in State funds than the other teachers. The Wood Index stayed in effect until the present index was adopted in March, 1966.
Under the present index schedule as it exists as of December 1, 1968, the extra increase for those teachers beginning their second through the fifth year has been eliminated. Teachers beginning their first through the fifteenth year receive the same percentage of increase over their present salary schedule. This straight line increase eliminates much of the confusion and inequity which existed under the prior index schedules, when some of the teachers received a higher percentage of increase than others.
The salary index schedule which the State Department of Education now employs in determining the amount of compensation which the public school teachers receive from the State is a model in the field of education and is a much better and more equitable index schedule than is now employed by our neighboring states. Because the salary index schedule is a model in the field, this committee recommends it shall not be changed by the Department of Education without prior approval of the General Assembly.
B. For Georgia to continue to be competitive in recruiting teachers, it will be necessary to raise the beginning teachers' salary to $6,000 per year. There-

INTERIM COMMITTEE REPORTS

3369

fore, this committee recommends that the State Department of Education make a study to determine the costs of raising the amount of State funds received by the first year teacher with a T-4 certificate to $6,000 per year, within the index schedule as it presently exists, and that the results of the study be reported to the appropriate committee of the House of Representatives.

C. The committee feels that a year of internship beyond graduation from college would provide valuable training for our public school teachers; therefore, the committee recommends that the State Department of Education make a com prehensive and exhaustive study into the feasibility of providing a year of in
ternship with a "master teacher" immediately after graduation from college
for those graduates who desire to become public school teachers. The results of
this study shall also be reported to the appropriate committee of the House of
Representatives.

D. Under the present salary index schedule, there are no increases for teachers beyond their fifteenth year of teaching. The committee recommends that another step be added to the schedule as soon as money is available so that teachers holding certificates from T-4 to T-7 will receive an increase in compensation through their sixteenth year of teaching.

E. Because of the many interruptions which occurred during this election year and the complexity of the Teachers' Retirement System of Georgia, this committee was unable to complete its study of the Teachers' Retirement System. However, the committee was able to study the system enough to determine that there are many factors relating to the system which are in dire need of further study; therefore, this committee recommends that it be recreated or a similar committee be created to study the Teachers' Retirement System and report the results of the study to the 1970 Session of the General Assembly.

ACKNOWLEDGEMENTS

The committee wishes to express its appreciation to the various individuals who met with the committee and were of invaluable assistance to the com mittee.

Respectfully submitted,
/s/ Daniel K. Grahl Daniel K. Grahl Representative, 52nd District Chairman
/s/ Grace T. Hamilton Grace T. Hamilton Representative, 137th District Secretary
/s/ Mitch Miller Mitch Miller Representative, 108th District

/s/ James W. Oglesby

James W. Oglesby

Representative, 92nd District

/s/ Burton M.-,Wamb1.1le

Burton M. Wamble

Representative, 90th District

. . _ TT TT

_

/s/ J' H' Henderson, Jr.

J. H. Henderson, Jr.

Representative, 102nd District

3370

JOURNAL OF THE HOUSE,

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE SUBCOMMITTEE ON TOBACCO OF THE SENATE AGRICULTURE AND NATURAL RESOURCES COMMITTEE
(Senate Resolution No. 119)

THE COMMITTEE
Honorable Roscoe E. Dean, Jr., Chairman Senator, 6th District
Honorable Frank Eldridge, Jr. Senator, 7th District
Honorable Roy V. Noble Senator, 19th District
Honorable Robert A. Rowan Senator, 8th District
Hnorable Ford B. Spinks Senator, 9th District
REPORT OF THE SUBCOMMITTEE ON TOBACCO OF THE SENATE AGRICULTURE AND NATURAL RESOURCES COMMITTEE
(Senate Resolution No. 119)
INTRODUCTION
The Subcommittee on Tobacco of the Senate Agriculture and Natural Re sources Committee was appointed by the Chairman of the Senate Agriculture and Natural Resources Committee pursuant to the authority vested in him under Senate Resolution No. 119. The Chairman of the Senate Agriculture and Natural Resources Committee appointed the following members to the Subcommittee on Tobacco:
Honorable Roscoe E. Dean, Jr. Senator, 6th District
Honorable Frank Eldridge, Jr. Senator, 7th District
Honorable Roy V. Noble Senator, 19th District
Honorable Robert A. Rowan Senator, 8th District
Honorable Ford B. Spinks Senator, 9th District

INTERIM COMMITTEE REPORTS

3371

The Chairman designated Senator Roscoe E. Dean, Jr., as Chairman of the Subcommittee.

RECOMMENDATIONS

The Subcommittee on Tobacco of the Senate Agriculture and Natural Re sources Committee recommends:

1. The Senate Subcommittee on Tobacco, after much research, many inter views and personal observations, has concluded that the Georgia flue-cured to bacco producers are probably the most highly efficient and conscientious pro ducers of the finest flue-cured tobacco in the world.

In recent years, to some degree, Georgia tobacco producers have begun to plant varieties other than the old-line, high-quality producing varieties that have made Georgia tobacco be in great demand by buying companies throughout the years. Purchasers of Georgia tobacco have brought to our attention their great concern about the trend of Georgia growers planting varieties other than the old-line varieties such as Hicks Broad Leaf and White Gold.

These varieties (Hicks Broad Leaf and White Gold) provide the desirable and necessary flavor and aroma that is in demand by the purchasers. These purchasers are, for the most part, foreign buyers who purchase much of their tobacco from other parts of the world; and such tobacco is neutral in flavor and aroma; and they, therefore, urgently need Georgia tobacco to add desirable flavor and aroma to their cigarettes.

The largest single purchaser of Georgia tobacco (who purchases 35% of the tobacco produced in Georgia) has warned Georgia tobacco leaders that if the trend of planting undesirable varieties continues, they will be forced to curtail their future purchases of Georgia tobacco. This particular foreign manufacturer has, in the past, thought so much of Georgia-grown, flue-cured tobacco that the company has produced a brand of cigarettes with the words "Produced in Geor gia, U.S.A." on the front of the package.

The market averages for the past five market years for Georgia-grown to bacco, when compared to that of other United States flue-cured producing areas, on a grade-for-grade basis, very significantly point out the buyer's preference of Georgia-grown tobacco. This difference being an average of $6.46 per hundred pounds higher for Georgia grown for the years 1963-1967. In other words, Geor gia tobacco over the past five years, based on the support price level by types and on composition of marketings by grades, has brought an average difference in price above the support level of all other belts of $6.46 per hundred pounds. We, therefore, recommend that all Georgia tobacco growers do plant and produce only those old-line varieties that produce desirable flavor and aroma tobacco insofar as possible. If their individual soil and disease situation causes them to have to plant other varieties, we recommend that they choose varieties that come as nearly as possible to measuring up to the high quality characteristics of Hicks Broad Leaf and White Gold, as recommended by Georgia Experiment Station. The Senate Subcommittee on Tobacco further recommends that the Geor gia Commodity Commission for Tobacco, the Georgia Farm Bureau, the Georgia Extension Service, the Georgia Experiment Stations, as well as the Georgia Department of Agriculture, inform the Georgia tobacco growers of the impor tance of planting these desirable varieties.

3372

JOURNAL OF THE HOUSE,

2. The Senate Subcommittee on Tobacco strongly recommends that the U. S. Secretary of Agriculture discontinue acreage control and promulgate rules
and regulations and/or urge Congress to change the present law so that the acreage control allotment of tobacco will be discontinued. Our Subcommittee strongly feels that if the farmer of Georgia is to be restricted to a given num
ber of pounds per farm, then it is both foolish and costly for the Government to require acreage measurements. This results in a distinct hindrance to the Georgia tobacco farmers' attempt to be efficient and produce a high quality leaf, and, therefore, should be discontinued.

The Senate Subcommittee on Tobacco finds that many recognized tobacco authorities and purchasers and a high percentage of Georgia farmers feel that this would definitely improve the quality of tobacco grown in the State of Georgia.

3. The Senate Subcommittee on Tobacco strongly recommends to the peo ple of Georgia that they support Constitutional Amendment No. 19, which pro vides for a farmer supported and financed Tobacco Commodity Commission. Much of the present flue-cured tobacco research work being done at the Georgia Coastal Plains Experiment Station at Tifton, Georgia, is being financed and supported by grower contributions through the Georgia Commodity Commission for tobacco. This research is contributing much to the needed improvements in methods of mechanical harvesting, handling and marketing of flue-cured to bacco in Georgia. This research work plays a major part in tobacco growers being able to receive $90 million dollars in income annually. The Georgia Com modity Commission for Tobacco is a self-help program which enables tobacco farmers to help themselves by financing promotional and educational and re search programs that will benefit tobacco growers as well as the entire economy of the State. Since the grower makes all the contributions to the Commodity Commission for Tobacco, it is self-supporting and does not cost the taxpayers any money.
4. The Senate Subcommittee on Tobacco does strongly recommend to the Governor, Lieutenant Governor and the General Assembly of Georgia that no attempt be made to put any additional excise tax on cigarettes, cigars or any other tobacco or tobacco products. Tobacco taxes are already contributing over $37 million dollars annually to the tax revenue of the State of Georgia. Further taxes on tobacco and cigarettes and tobacco products will be a great injustice to this segment of our economy.
5. The Senate Subcommittee on Tobacco recommends that the Georgia Ex tension Service and the Georgia Tobacco Commodity Commission furnish the Georgia farmer, prior to seeding time of tobacco beds, with the suggestions of the buying companies as to the varieties and quality characteristics of tobacco that their companies are going to be seeking on the market that year. This information is important in order that the Georgia tobacco producers will know far enough in advance to plant the varieties and produce the quality that are in demand by the purchasers, and, in turn, will result in more profit to the grower.
6. The Senate Subcommittee on Tobacco recommends that labels on tobacco be placed so buyers cannot see the Government grade. The Subcommittee has found that the practice of labeling tobacco where the grade is visible to the buyers is some inducement to stop bidding at a price slightly above the support

INTERIM COMMITTEE REPORTS

3373

price for that grade. The Subcommittee recommends to the grading service of the U.S.D.A. that the grade on tags be placed in such a manner that buyers cannot see the grade until after they have bought the tobacco.

7. The Senate Subcommittee on Tobacco recommends that additional funds be made available to spearhead a massive program for testing and developing new ways to mechanize the gathering and processing of tobacco. The Senate Sub committee feels that unless mechanization is made practical and feasible, that the whole tobacco industry in Georgia will be challenged because of the inability to obtain adequate labor to hand gather and process tobacco. The Senate Sub
committee supports the Tobacco Commodity Commission in its present policy of supporting the research institutions in developing mechanical harvesting and curing procedures.

8. The Senate Subcommittee on Tobacco further recommends that the pres ent legal sales limit of 450 sheets or baskets of tobacco per hour be increased to 500 sheets or baskets of tobacco per hour. The Subcommittee feels that this will eliminate the present practice of splitting piles of tobacco as it is being placed on the warehouse floor. In the past, when piles of tobacco were mixed, sometimes a cheaper or lower quality tobacco was mixed with high quality tobacco in order to permit the warehouseman to sell his total legal limit of pounds per day. This results many times in the entire sheet or basket selling at the price value of the lower grade contained therein. The increase in rate of sales from 450 to 500 baskets or sheets per hour will permit a warehouseman to sell his quota of 76,000 pounds per hour and reduce the incentive for him to sell larger sheets of tobacco by a process of mixing the sheets. If this is accomplished, it -will bring the farmer a higher price for his tobacco.
9. The Senate Subcommittee on Tobacco further states that it desires to again publish statistical data on out-of-state tobacco sales on the warehouse floors of Georgia. Our Subcommittee has consistently opposed the sale of any tobacco, except Type 14, and after publishing the sales of last year, it was felt "by this Subcommittee that this contributed to the decrease in the amount of outof-state tobacco sold on the Georgia warehouse floors. The Subcommitee an nounces that, according to the Georgia Department of Agriculture reports, the following tobaccos were sold on the Georgia warehouse floors from out-of-state. (See Exhibit "A" attached to this report.)

10. Our Subcommittee finds that tobacco still is the financial backbone of -many Georgia farmers; that it is a great contributor to the financial wealth of Georgia; and that it should be jealously protected not only by the farming interests of Georgia but by the business interests as well. Our Subcommittee recommends that a copy of this report be sent to

Georgia Farm Bureau Georgia Congressional Delegation Farm Bureau Newspaper Georgia Experiment Stations Georgia Agricultural Extension Service Georgia Department of Agriculture

3374

JOURNAL OF THE HOUSE,

U. S. Department of Agriculture Georgia Tobacco Commodity Commission Flue-Cured Tobacco Cooperative Stabilization Corporation All Georgia Senators and Representatives The Governor The Lieutenant Governor Speaker, House of Representatives

ACKNOWLEDGMENTS

The members of the Subcommittee wish to express their sincere appreciation to those persons who appeared and testified before the Subcommittee during its deliberations.
Respectfully submitted,
/s/ Roscoe E. Dean, Jr. Roscoe E. Dean, Jr. Chairman Senator, 6th District
/s/ Frank Eldridge, Jr. Frank Eldridge, Jr. Senator, 7th District
/s/ Roy V. Noble Roy V. Noble Senator, 19th District
/s/ Robert A. Rowan Robert A. Rowan Senator, 8th District
/s/ Ford B. Spinks Ford B. Spinks Senator, 9th District

SALES COMPARISON 1968 TOBACCO SEASON

ADEL Cook County Producers
ALMA Carters Farmers Growers & Star
BAXLEY Big Dixie Miles Farmers

Georgia Pounds
2,178,173 2,166,610
2,222,667 2,248,914
2,397,725 2,232,660

Georgia Value

Average Price

N.C., S.C. and Va. Pounds

1,487,506.45 1,484,164.41

$68.29 68.50

219,110 33,182

1,597,909.19 1,626,765.97

$71.89 72.34

19,056 103,754

1,679,611.14 1,553,055.16

$70.05 69.56

166,326 195,428

N.C., S.C. and Va. Value

Average Price

% of Total Sales

151,901.22 $69.33 9.14 23,828.52 71.81 1.51

13,654.36 $71.65 0.85 73,420.78 70.76 4.41

109,103.22 $65.60 6.49 134,695.96 68.92 8.05

BLACKSHEAR Big Z & Planters Brantleys Farmers
CLAXTON Farmers Planters
DOUGLAS Farmers Brick Growers Planters Wilkins, Stubbs & Veazey
FITZGERALD Chandlers Gold Leaf

2,503,768 2,037,838 2,606,392
1,933,615 1,558,445
1,456,568 2,274,828 2,502,234 3,524,103
1,267,649 1,851,038

$ 1,757,473.48 1,426,788.95 1,803,945.66
$ 1,294,103.35 1,049,782.75
$ 1,035,798.77 1,621,728.37 1,775,730.12 2,538,891.78
846,726.05 1,259,120.04

$70.19 70.01 69.21
$66.93 67.36
$71.11 71.29 70.96 72.04
$66.79 68.02

244,090 ? 166,027.42 $68.02 8.85

TETEE

89,400

60,367.60 67.52 4.20

537,752

357,534.80 66.49 17.09

M

685,435 $ 461,566.05 $67.34 26.17

O

659,999

444,174.50 67.30 29.75

H

M

none none 395,725 555,046

none none $ 270,117.51 383,455.58

-- --
$68.26 69.08

0 0 13.65 13.61

204,403 43,220

136,714.32 $66.88 13.88

CO CO

29,852.02 69.07 2.28

3376

JOURNAL OF THE HOUSE,

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE COMMITTEE TO STUDY THE TRANSPORTATION OF FOREST PRODUCTS
(House Resolution No. 803)

THE COMMITTEE
Honorable A. B. C. Dorminy, Chairman Representative, 72nd District
Honorable Joseph A. Battle Representative, 116th District
Honorable John H. Hadaway Representative, 46th District
Honorable Francis A. Joiner Representative, 48th District
Honorable G. Ed Knapp Representative, 109th District
Honorable Dick Lane Representative, 126th District
Honorable A. Larue Parrish, Sr. Representative, 96th District

December, 1968

TRANSPORTATION OF FOREST PRODUCTS STUDY COMMITTEE REPORT

INTRODUCTION

The Transportation of Forest Products Study Committee was created pur suant to the authority of House Resolution No. 803. The Speaker of the House appointed the following members to the Committee:

Honorable A. B. C. Dorminy Representative, 72nd District

Honorable G. Ed Knapp Representative, 109th District

Honorable Joseph A. Battle Representative, 116th District

Honorable Dick Lane Representative, 126th District

Honorable John H. Hadaway Representative, 46th District

Honorable A. Larue Parrish, Sr. Representative, 96th District

Honorable Francis A. Joiner Representative, 48th District

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3379

At the organizational meeting of the Committee, Representative A. B. C. Dorminy was elected chairman.

The creating Resolution charged the Committee with the responsibility of studying the methods for safe transportation of forest products from the woods to the concentration points in this State. The Committee was also charged with the responsibility of studying the loading and binding procedures for all types of log loading and to study the equipment used in loading, unloading and transporting forest products.

In carrying out its responsibilities, the Committee met with representatives from the Highway Department, the Georgia State Patrol, the Georgia Forest Research Council, the Georgia Forestry Commission and representatives from several phases of the forest industry. The Committee also studied research material that was available on the subject of safe transportation of forest products and legislation which was passed at the last Session of the General Assembly, providing for securing logs and pulpwood hauled on the public high ways of this State. The Committee also went into the field to actually observe the methods employed by various segments of the industry in loading, unloading and hauling forestry products. The Committee observed the weighing teams employed by the truck weighing division of the Highway Department while weighing various trucks.

In connection with studying the safety procedures followed by the forest industry, the Committee studied the statistics which were available as to the pattern of land ownership in the State of Georgia, with particular emphasis on the number of acres which were growing timber and the pattern of ownership of such acres.

The Committee, in the course of its field investigations, also talked with numerous forest land owners and managers. The unanimous concern of these citizens centered on the rapidly rising assessment of forest lands for ad valorem taxes. Their primary concern appears to be the repeated taxing of trees standing year after year on the land without annual income as well as evaluating the land and trees on speculative values rather than evaluating the forest land on its productive capacity to produce forest products as a steady supply of raw materials to sustain and expand job opportunities in the vast wood using industries situated throughout the State of Georgia.

FINDINGS AND RECOMMENDATIONS
Georgia's forestry industry is the second largest industry in the State with a gross annual income of over one billion dollars, and is possibly the largest industry in the production of raw materials which are manufactured into finished products. One out of every five factory workers in Georgia is em ployed by a forest related industry. The forestry industry has a direct or indirect affect on almost all phases of Georgia's economy.
According to a report of the Southeastern Forest Experiment Station, in 1961 commercial forest land in Georgia totalled 25,772,200 acres or 69 percent

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JOURNAL OP THE HOUSE,

of the total land in the State. The report listed the ownership of Georgia's timberlands as follows:

U. S. Government State & County Government Forest Industry Farmers Miscellaneous Private

1,705,800 acres 135,100 acres
3,946,400 acres 15,053,000 acres 4,931,900 acres

25,772,200 acres

Public Ownership

1,840,900 acres or 8%

Private Ownership

23,931,300 acres or 92%

Forest Industry

17%

Farmers

62.5%

Miscellaneous Private

20.5%

Number of private forest landowners--over 196,000

The Committee is concerned, along with continuing efforts by the wood hauling operators, the wood processing industries and the various concerned local and State governmental agencies to develop greater highway safety, that the public and the legislature will give due and thorough consideration to creating and maintaining a stable taxing system that will permit private land owners to retain their lands over the period of years necessary to grow continuous crops of trees as the basic raw materials for the wood using industries.

All phases of the forest industry are engaged in a cooperative self-education program which is designed to continue to improve the safety record in hauling forest products on the public streets and highways. Various officials from the Highway Department and the State Patrol stated that they are generally pleased with the improved safety record that the forest industry has achieved in the past few months and the progress that the forest industry is making in the area of highway safety. The forest industry has cooperated with the truck weighing division of the Highway Department in an attempt to comply with the requirements of an Act (Ga. Laws 1968, p. 30), providing for the motor vehicles' load and size limitations. The Committee recommends that the forest industry continue the program of self-education and that the industry continue to cooperate with the various State departments and agencies in all matters relating to the hauling of forest products on the public streets and highways of this State.

The Committee found that the trucks hauling forest products had no greater degree of violation of the weight law than trucks engaged in hauling in other industries and that, generally speaking, the forest industry has a good highway safety record.

The Committee found that the law relating to the weight of vehicles and the law providing for the chaining or cabling of loads of pulpwood and logs to the vehicles are satisfactory and in no need of revision at this time.

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ACKNOWLEDGMENTS

The Committee wishes to express its appreciation to the various individuals who met with the Committee and were of invaluable assistance to the Committee*
Respectfully submitted,
/s/ A. B. C. Dorminy A. B. C. Dorminy, Chairman Representative, 72nd District
/s/ Joseph A. Battle Joseph A. Battle Representative, 116th District
/s/ John H. Hadaway John H. Hadaway Representative, 46th District
/s/ Francis A. Joiner Francis A. Joiner Representative, 48th District
/s/ G. Ed Knapp G. Ed Knapp Representative, 109th District
/s/ Dick Lane Dick Lane Representative, 126th District
/s/ A. Larue Parrish, Sr. A. Larue Parrish, Sr. Representative, 96th District

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE: HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL, ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE WATER WELL DRILLERS STUDY COMMITTEE
THE COMMITTEE
Honorable Bert Ward, Chairman Representative, 2nd District Honorable Ward Edwards Representative, 57th District Honorable A. B. C. Dorminy Representative, 72nd District Honorable Harry Magoon Representative, 19th District Honorable Edwin C. Poss Representative, 17th District

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JOURNAL OF THE HOUSE,

INTRODUCTION:

December, 1968

The Water Well Drillers Study Committee was created pursuant to the provisions of House Resolution No. 798 adopted at the 1968 Session of the General Assembly of Georgia. The resolution provided that the Committee should study all matters relating to the regulation of water well drillers.
FINDINGS:
House Bill No. 1167 was introduced at the 1968 Session. This bill would regulate and license water well drillers through the State Health Department. The bill also provided for an advisory board to assist the Director of the Depart ment of Health in formulating rules and regulations covering water well drillers. Although the bill was favorably reported, with certain amendments, by the Hygiene and Sanitation Committee, it was lost on the floor of the House because many members thought the subject needed more study before any legislation was adopted.
This Committee used House Bill No. 1167 as a point of departure to study the subject under consideration. The Committee heard testimony from officials of the Health Department, the Department of Mines, Mining and Geology, an engineer with the federal government, the Joint Secretary, State Examining Boards, and many well drillers from throughout the State.
Most of the public officials appearing before the Committee thought that some type of regulation of the water well drilling business was needed and that the federal government would eventually step into the field if the States did not. Several States, including our neighboring State of Tennessee, are already licens ing and regulating water well drillers. In Georgia, water wells which are the source of a public water supply are inspected and regulated by the State Health Department. Water wells for private homes are not inspected in Georgia unless the home is financed under a F.H.A. loan or other Federal program. In some instances, water wells used by businesses are not inspected in Georgia.
Although the majority of the public officials agreed that regulation was needed, both the Health Department and the Department of Mines, Mining and Geology stated that their respective departments did not have the personnel to administer the provisions of House Bill No. 1167.
Opinions of the water well drillers varied from opposition to any further regulation whatever to favoring the creation of a State agency for the purpose of licensing and regulating well drillers. A majority of the well drillers agreed, however, that House Bill No. 1167 was unsatisfactory in that it centered too much authority over the well drillers in the Director of the Department of Public Health. They were particularly opposed to being regulated by one man who was not a well driller and who would not, in their opinion, understand the problems associated with the well drilling business. The fact that the board provided for in House Bill No. 1167 was only advisory was also a source of opposition to the bill. If they are to be regulated, they feel strongly that the regulating agency should consist of a board composed mainly of well drillers.

The well drillers were of the further opinion that they should be given an opportunity to study the matter of regulating the business themselves and per-

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3383

haps offer a proposal to the General Assembly that would be acceptable to them and also benefit the people of the State of Georgia. The well drillers advised the Committee, however, that such a study would require several months, and they are not in favor of legislation being enacted during the 1969 Session.

CONCLUSIONS:
In carrying out its study, it became clear to the members of the Committee that many complex issues are involved in the subject under consideration. For example, several departments or other agencies of the State government are interested in the development of any proposed legislation because these agencies have jurisdiction over matters directly and indirectly related to water wells. There is also a distinction to be made between the regulation of water well drillers and the regulation of water wells that should be given careful study and consideration in the interest of the general public and water well drillers. There is also the problem of overlapping jurisdictions between Federal, State and local governments that should be carefully examined in connection with any proposed legislation.

RECOMMENDATIONS:
As a result of the Committee's studies, the members of the Committee make the following recommendations:
1. That a resolution be adopted at the 1969 Session of the General Assembly creating a new committee to study the various factors referred to above and receive the proposal of the water well drillers prior to the 1970 Session. Suggested language for this resolution is attached to and made a part of this report as Appendix I.
2. That the members of the new committee be selected so as to be representa tive of the major geological areas of the State of Georgia.
3. That the new committee explore further the possibility of regulating water well drillers through an examining board made up principally of water well drillers and under the Joint Secretary, State Examining Boards.

ACKNOWLEDGEMENT:

The Committee acknowledges with appreciation the cooperation and assistance of the public officials who appeared before the Committee and the water well drillers throughout the State who went to considerable trouble to meet with the Committee in Atlanta.

Respectfully submitted,

/s/ Bert Ward Bert Ward, Chairman Representative, 2nd District

/s/ Harry Magoon Harry Magoon Representative, 19th District

/s/ A. B. C. Dorminy
A. B. C. Dorminy Representative, 72nd District

/s/ Edwin C. Poss
Edwin C. Poss Representative, 17th District

/s/ Ward Edwards
Ward Edwards Representative, 57th District

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JOURNAL OF THE HOUSE,

APPENDIX I.
A RESOLUTION
Creating an interim committee to study all matters relating to the regula tion of water well drillers; and for other purposes.
WHEREAS, the Water Well Drillers Study Committee submitted a report to the 1969 Session of the General Assembly recommending that the matter of the regulation of water well drillers be given further study; and
WHEREAS, said Committee heard testimony from water well drillers throughout the State of Georgia who indicated that they will prepare a proposal for consideration by the General Assembly at the 1970 Session; and
WHEREAS, a committee should be createed to receive the proposal from the water well drillers and study same.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES that there is hereby created an interim committee to study all matters relating to the regulation of water well drillers and to receive a proposal from the Water Well Drillers Association concerning the regulation of said busi ness. Said committee shall be composed of seven members of the House of Repre sentatives to be appointed by the Speaker of the House. The Speaker of the House in appointing said members shall give consideration to having the princi pal geological areas of the State represented on the committee.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and travel allowances authorized by law for legislative members of interim legislative committees. The members of the committee shall receive such expenses and allowances from the funds appropriated or available to the legislative branch of government but shall receive same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as may be recommended by said committee to the General Assembly of Georgia at the 1970 Session.

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE WILD DOG STUDY COMMITTEE ******

THE COMMITTEE

HOUSE OF REPRESENTATIVES

Honorable Howard H. Rainey

Honorable Burton M. Wamble

Representative, 47th District, Chairman Representative, 69th District,

Vice-Chairman

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3385

Honorable Kent Dickinson Representative, 118th District,
Honorable Henry L. Reaves Representative, 71st District

Honorable Dewey D. Rush Representative, 51st District
Honorable Richard M. Scarlett Representative, 67th District Honorable Jack W. Shuman
Representative, 65th District

I.

INTRODUCTION

In 1967, free-running wild dogs killed $871,689.00 worth of cattle belonging to Georgia cattlemen, according to statistics furnished by the Georgia Cattle men's Association.

Because of this needless destruction the 1968 General Assembly saw fit to enact House Resolution No. 870, which called for the creation of a seven-man House committee to study the problems associated with wild dogs and to propose legislative solutions to correct the problems.

The Speaker, via the authority given him in House Resolution No. 870, ap pointed the following members of the House of Representatives to the Wild Dog Study Committee:

Honorable Howard H. Rainey Representative, 47th District

Honorable Dewey D. Rush Representative, 51st District

Honorable Burton M. Wamble Representative, 69th District

Honorable Richard M. Scarlett Representative, 67th District

Honorable Kent Dickinson Representative, 118th District

Honorable Jack W. Shuman Representative, 65th District

Honorable Henry L. Reaves Representative, 71st District

Representative Howard Rainey was elected Chairman of the Committee; Representative Burton Wamble was elected Vice-Chairman; and Representative Kent Dickinson was elected Secretary.

THE COMMITTEE'S INVESTIGATION
The members of the Committee decided that the most efficient method that could be employed to discover the extent of losses of cattle, sheep and other live stock caused by wild dogs would be by having well-published public hearings throughout Georgia.

The Committee held its first of three public hearings at the Capitol on Sep tember 18, 1968. The hearing was attended by representatives of the Health De partment, Game and Fish Commission, Humane Society; and Cattle, Coon Dog, Sportsmen's, Sheep and Fox Hunter's Associations; as well as by several score of the interested general public.

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JOURNAL OF THE HOUSE,

The Committee asked each person testifying to relate his or her experiences with destruction caused by wild dogs, and, if possible, to advise the Committee as to the best method for eliminating the wild dog problem.

Some of the testimony at the Atlanta hearing was extremely enlightening: cattle owners explained that wild dogs have caused even more economic loss than has been publicized in the newspapers, since there have been numerous occasions where wild dogs have not directly attacked cattle, but have chased cattle around pastures. This running or chasing resulted in many cows being severely injured from barbed wire fences; or, in some cases, the frightened cows were run into nearby water and drowned or, if lucky, stuck in mud banks. In most cases, the cows' milk output was reduced, causing long-run financial loss to the dairy farmers.

Other individuals, including a veterinarian, testified that dogs have "Dr. Jekyll and Mr. Hyde" personalities -- during the day a dog may be a normal, friendly house pet, but at night the dog may take on a vicious tendency and, if he is permitted to roam, he may join a pack of dogs and kill cattle and other
types of livestock just as savagely as the most hardened wild dog.

Two instances where wild dogs have attacked people were reported.

There was testimony that female dogs in heat are one of the main incentives for male dogs to join in a pack.

When asked by the Committee to supply some suggestions for curing the problems caused by wild dogs, various people suggested the following:
(1) place strychnine around the areas where wild dogs are knows to fre quent ;
(2) put a bounty on wild dogs; (3) enact a statewide leash law; (4) put an ad valorem tax on dags; (5) enact a Statewide rabies vaccination law; (6) require a collar with the dog owner's name and address, or, if this is not feasible, require the dog's ear to be tattooed; (7) spay female dogs (to limit the population of dogs) ; (8) require dogs to be penned up; and (9) impose a $50.00 fine on anyone proved to have abandoned a dog.

The Committee took all these suggestions under advisement, but quickly con cluded that some were not reasonable.

After the Atlanta public hearing, the Committee held a hearing in South Georgia at Valdosta in the Lowndes County Courthouse on Thursday, September 26, 1968.

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3387

The people who attended this hearing did not contribute much more to what the Committee had already learned, but the people in Lowndes County made it clear that they would not stand for a bounty on dogs. Local newspapers had been misinformed that the Committee was seeking to legislate a bounty on wild dogs. The Lowndes County residents were concerned that their sporting and hunting dogs would be killed by bounty-happy huntsmen.

The Committee visited Ringgold, in North Georgia, on Tuesday, October 8, 1968, and heard more first-hand reports concerning cattle losses caused by wild dogs. The Ringgold meeting was informative in one other respect: people testified that there have been numerous cases involving the dumping of dead dogs on private and public property. The Committee agreed to look into the matter and to propose meaningful legislation if the problem turned out to be as acute as the testimony indicated.

COMMITTEE RECOMMENDATIONS
The Committee found that there have been many cases where people have dumped dead dogs on private and public property. The dead animal carcasses, in most cases, constitute health hazards, thus the Committee is proposing legisla tion which will punish people for dumping dead dogs on the property of another, unless prior permission of the landowner is obtained. Penalties are prescribed for people dumping dead dogs on public property, unless the property is a dump designed for receiving trash and refuse.
The Committee felt that the most effective way to curb the wild dog problem would be to punish those people who abandon live dogs. The wild dog population, for the most part, consists of dogs which have been abandoned by their owners. The bill proposed by the Committee prescribes misdemeanor penalties for abandoning a dog on public or private property.
The bill also provides that female dogs in heat shall be confined on the property of the owner until the dog is no longer in heat. Testimony at the Atlanta public hearing indicated that female dogs in heat are a main contri bution to the creation of dog packs. By keeping the female dog confined, some of the motivation for free-running dog packs should be removed.
In order to insure that dogs are not harmed, maimed or made the subject of cruel tactics, the Committee is proposing in its bill that any person who per forms a cruel act, harms or maims a dog be punished as for a misdemeanor. The bill permits a dog to be killed, however, if it is about to cause or is causing damage or injury to person or property. The killing of a dog under these cir cumstances may be done without civil or criminal liability.
In order to facilitate the recognition of a wild dog, the Committee is recom mending that the General Assembly enact its proposed bill which requires all dogs to wear collars with rabies tags attached. In the event the dog's owner feels that a collar or harness would be harmful or inconvenient, the owner may have the dog's ear tattooed (by a person skilled in the art of tattooing). The tattoo shall contain the same information that a rabies tag contains.
The Committee is also proposing that the rabies law, which is now optional with each county board of health, be made mandatory.

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JOURNAL OF THE HOUSE,

In addition, the bill creates a county rabies control officer whose duty will be to enforce all of the laws of Georgia which relate to dogs. The salary of the county rabies control officer will be paid by the county governing authority. A fee, not to exceed 50 cents per dog, may be imposed by the county governing authority, which is to be collected by the veterinarian administering the antirabies vaccine. The fee shall be in addition to the veterinarian's charge for innoculation.

The Committee's proposal also includes a provision which permits the owner of domestic animals (livestock) to sue for damages for injury or damage caused to a domestic animal by a dog. The provision contains allowance for conse quential damages, i.e., damages which indirectly result from a dog's attacking or chasing livestock. An example of consequential damage is where a cow's normal milk production is reduced after being attacked or chased by a dog. The farmer can sue for the loss he has sustained because of the cow's reduction in milk production.

The Committee is aware that its recommendations will not eliminate the wild dog problem overnight. It is felt, however, that the provisions of the two bills being proposed by the Committee should operate to lessen the source of wild dogs; i.e., abandoned dogs and dogs which have formed together in a pack because of a female dog in heat and other causes.

The creation of a county rabies control officer, with duties not confined to locating rabid dogs, should also help to eliminate the wild, free-running dogs. This man can use part (or most) of his time in locating wild dogs in the coun ties which have suffered considerably from losses caused by these animals. To aid the county rabies control officer, the bill requiring each dog to wear a collar or harness, or be tattooed, should provide a method for separating the wild dog from the household pet which has decided to take a tour of the county.

It is hoped that the General Assembly will see fit to enact the Committee's bills into law. The bills were devised after many hours of research, testimony, tears, travel and thought; they should not be treated lightly.

ACKNOWLEDGEMENTS

The Committee would like to thank the Legislative Counsel's office for furnishing the services of Paul S. Listen, Assistant Legislative Counsel, and the multitude of interested persons appearing before the Committee and rendering; their valuable assistance.

Respectfully submitted,

/s/ Howard H. Rainey Howard H. Rainey, Chairman Representative, 47th District

/s/ Dewey D. Rush Dewey D. Rush Representative, 51st District

/s/ Burton M. Wamble

/s/ Richard M. Scarlett

Burton M. Wamble, Vice-Chairman Richard M. Scarlett

Representative, 69th District

Representative, 67th District

/s/ Kent Dickinson Kent Dickinson, Secretary Representative, 118th District

/s/ Jack W. Shuman Jack W. Shuman Representative, 65th District

/s/ Henry L. Reaves Henry L. Reaves Representative, 71st District