Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 12, 1970 and adjourned Saturday, February 21, 1970, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1970 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 12, 1970 through February 12, 1970. Volume II contains February 13, 1970 through February 21, 1970, 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 12, 1970 and adjourned Saturday, February 21, 1970
1970 ATLANTA, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1970-1971

GEO. L. SMITH II_________________________Speaker
43rd DISTRICT, EMANUEL COUNTY

MADDOX J. HALE_____-_______________Speaker Pro Tern
1st DISTRICT, DADE COUNTY

GLENN W. ELIARD____________________________Clerk
HABERSHAM COUNTY

JACK GREEN _________________.______Assistant Clerk
RABUN COUNTY

JANETTE HIRSCH____________________Assistant Clerk
FULTON COUNTY

AMELIA SmTH______________._______Assistant Clerk
FULTON COUNTY

ELMORE C. THRASH______________________ __Messenger
LOWNDES COUNTY

MARION TOMS __.__-_-_____-_______.__-____ ....
QUITMAN COUNTY

Doorkeeper

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 12, 1970
The Representatives of the General Assembly of Georgia for the years 1969-1970 met in regular session in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by the Honorable George L. Smith, II, Speaker of the House of Representatives.
Prayer was offered by the Reverend Vernard Robertson, District Superintendent, Valdosta District United Methodist Church, Valdosta, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following communications were received from the office of the Honorable Ben W. Fortson, Jr., Secretary of State:

JOURNAL OF THE HOUSE,

THE HOUSE OF REPRESENTATIVES Atlanta, Georgia

November 19, 1969

Honorable Lester Maddox Governor, State of Georgia State Capitol Atlanta, Georgia 30334

Dear Governor Maddox:

I herewith tender my resignation as a member of the House of Representatives from Representative District No. 68, Post 2, as provided by Code Section 47-101, as amended, effective at the same time I take the oath of office as District Attorney, South Georgia Judicial Circuit.

This resignation is tendered in this manner in order that there will be no break in continuity of State service.

AWC:jc

Sincerely yours, /s/ A. Wallace Cato
Member House of Representatives

STATE OF GEORGIA Executive Department
Atlanta
November 21, 1969
Honorable A. Wallace Cato Representative, Dist. 68, Post 2 P. O. Box 65 Bainbridge, Georgia 31717
Dear Representative Cato:
This will acknowledge and thank you for your letter of November 19, 1969, in which you tender your resignation as a member of the House of Representatives from Representative District No. 68, Post 2, in order that you might accept appointment as District Attorney of the South Georgia Judicial Circuit.
As requested, I accept your resignation effective at the time you were administered the oath of office and assumed the duties of District Attorney of the South Georgia Judicial Circuit on November 19, 1969.
Your resignation is accepted in this manner so that there will be no break in continuity of State service.
I am sure that your public service as District Attorney will be just as outstanding as your public service in the Legislative Branch of

MONDAY, JANUARY 12, 1970

7

Government. The citizens of your Circuit are indeed fortunate to have a young man of your experience and dedication to accept this most important position.

Please call upon me when I can be of service to you.

LMrjc cc: Honorable Geo. L. Smith II
Honorable Glenn Ellard Honorable Ben W. Fortson, Jr. Honorable Jack B. Ray Honorable J. R. Deese Honorable G. Terry Toole Honorable J. E. "Bo" Earnest

Sincerely, /a/ Lester Maddox
Governor

STATE OF GEORGIA Executive Department
Atlanta
November 21, 1969
Honorable J. R. Deese Ordinary of Decatur County Bainbridge, Georgia 31717
Honorable G. Terry Toole Ordinary of Miller County Miller County Courthouse Colquitt, Georgia 31737
Honorable J. E. "Bo" Earnest Ordinary of Seminole County Seminole County Courthouse Donalsonville, Georgia 31745

Gentlemen:
The Honorable A. Wallace Cato, who represented District No. 68, Post 2 in the House of Representatives in the General Assembly of Georgia has submitted his resignation as a member of the House of Representatives and his resignation has been accepted.
Therefore, a vacancy exists in the House of Representatives of the General Assembly of Georgia from District No. 68, Post 2 (Decatur, Miller and Seminole Counties).
The Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives.

JOURNAL OF THE HOUSE,

Accordingly, I enclose herewith Writ of Election calling a special election on December 30, 1969, to fill this vacancy. Also enclosed herewith is a copy of a memorandum from the Attorney General outlining the procedure to be followed in holding special elections.
If you have any questions in this regard, permit me to suggest that you call my legal aide, Mr. Frank Blankenship, at 525-3176.

With kindest regards and best wishes, I am

LM:jc

Sincerely, /s/ Lester Maddox
Governor

Enclosures cc: Honorable Ben W. Fortson, Jr. By the Governor:

Executive Department THE STATE OF GEORGIA
WRIT OF ELECTION
WHEREAS: A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable A. Wallace Cato, the member of the House of Representatives from Representative District No. 68, Post 2, as provided by Code Section 47-101, as amended, to accept the office of District Attorney, South Georgia Judicial Circuit; and
WHEREAS: Article V, Section I, Paragraph XII of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives; and
WHEREAS: Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Ordinary of each county involved for such election to fill such vacancy; and
WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after its issuance.
NOW, THEREFORE, pursuant to the authority vested in me, particularly by the provisions of Article V, Section I, Paragraph XII of the Constitution of Georgia, and particularly by the provisions of Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 25), as amended, it is hereby

MONDAY, JANUARY 12, 1970

9

ORDERED: (1) That a Writ of Election to fill the vacancy in the House of Representatives from House District No. 68, Post 2, be and the same is hereby issued to the Ordinaries of Decatur, Miller and Seminole Counties, pursuant to the provisions of the Constitution and laws of Georgia, and particularly Article V, Section I, Paragraph XII thereof, and Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended.

(2) That said special election to fill the vacancy in the House of Representatives from Representative District No. 68, Post 2, shall be held on the 30th day of December, 1969, pursuant to the Constitution and laws of the State of Georgia and particularly the provisions of Georgia Election Code governing the conduct of special elections (Ga. Laws 1964, Ex. Sess., p. 26), as amended.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed, this the 20th day of November, 1969.
/s/ Lester Maddox Governor
Attest:
/s/ Zell Miller Executive Secretary

The following communication from the Honorable Ben W. Portson, Jr., Secretary of State, certifying the election of the Honorable R. A. "Cheney" Griffin in the 68th District, Post No. 2, was received and read:
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia 30334
January 6, 1970
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Sir:
I hereby certify that the consolidated returns on file in this office of the special election held on the 30th day of December, 1969, in the 68th District, Post No. 2, comprised of the counties of Decatur, Miller and Seminole, for the purpose of electing a Representative to the General Assembly from the 68th District, show the following result:

10

JOURNAL OF THE HOUSE,

DECATUR COUNTY: G. Harvey Dollar_----_ _,,_----_____Received--._--_,,_._-- 868 votes R. A. "CHENEY" GRIFFIN----.--Received-----------------1,529 votes
MILLER COUNTY: G. Harvey Dollar ._----_____..._____......Received.----__.__.____,, 93 votes R. A. "CHENEY" GRIFFIN ------ Received.------------------ 216 votes
SEMINOLE COUNTY: G. Harvey Dollar ----_----.__--.----Received----.--.----------- 209 votes R. A. "CHENEY" GRIFFIN --------Received------------------ 258 votes Marvin Griffin (write-in votes) __....._______.----......__,,... 1

Given under my hand and seal of office on this the 6th day of January, 1970. /a/ Ben W. Fortson, Jr.
Secretary of State

(Seal)

The following oath of office was administered to Representative-elect R. A. "Cheney" Griffin by Judge Randall Evans of the Georgia Court of Appeals:

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY

I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
R. A. "Cheney" Griffin
Sworn to and subscribed before me this 12th day of June, 1966.
/s/ Glenn W. Ellard, Clerk, House of Representatives

The roll was called and the following Representatives answered to their names:

Adams Alexander

Anderson Atherton

Ballard Barber

Barfield Battle Bennett Berry Black Blalock Bohannon
Bond Bostiek Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Chandler
Clarke Cole 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 Pallin Farmer Farrar Felton Floyd, J. H.

MONDAY, JANUARY 12, 1970

11

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway 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, H. 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 Melton Merritt Miles Milford Miller Moate Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Ross 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 Vaughn Wamble Ware Westlake

12
Wheeler, Bobby Wheeler, J. A. Wilkerson

JOURNAL OF THE HOUSE,

Winkles Williams Wilson

Wood

Those not answering to their names were Messrs.:

Bell Brantley, H. H. Collier Hale Hamilton

Henderson McCracken McDaniell Morris Peters

Roach Rowland Whaley Mr. Speaker

The following Resolutions of the House were read and adopted:

HR 508. 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 RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

HR 509. 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 RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to notify his Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
The Speaker appointed as a committee on the part of the House, the following members thereof:
Messrs. Anderson of the 49th, Barfield of the 71st, Berry of the 85th, Hadaway of the 27th, Horton of the 95th, Potts of the 30th and Toles of the 9th.

MONDAY, JANUARY 12, 1970

13

HR 510. 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 RESOLUTION
Amending House Resolution 3; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that House Resolution 3, adopted at the regular 1969 session, is hereby amended as follows:
1. By adding at the end of subparagraph (d) of Paragraph 1. of Part I, the following:
"The sheriff shall also receive the mileage as authorized by law for members of the General Assembly."
2. By adding a new subparagraph at the end of Paragraph 1. of Part I, to be known as "subparagraph (n)", to read as follows:
"(n) Interns for the Committees of the House to receive such expenses as shall be determined by the Speaker."
3. By striking from subparagraph (c) of Paragraph 6. of Part I the figure "$10.00" and inserting in lieu thereof the figure "$15.00".
4. By striking from subparagraph (d) of Paragraph 6. of Part I the figure "$10.00" and inserting in lieu thereof the figure "$15.00".
5. By adding after the fourth sentence of Paragraph 3. of Part III, the following:
"The Clerk is authorized to employ porters to perform duties in the Clerk's office and fix the compensation therefor at an amount not to exceed $15.00 per diem each."

HR 511. 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 RESOLUTION
Adopting the Rules of the House of Representatives, and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the ad journment of the regular 1969 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representa tives for the regular 1970 session.

14

JOURNAL OP THE HOUSE,

HR 512. 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 RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that his Excellency, Governor Lester G. Maddox, is hereby invited to address a joint session of the House of Representatives and Senate at 12:00 o'clock Noon, Tuesday, January 13, 1970, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and Senate be held in the Hall of the House of Representatives at 11:30 o'clock on the aforesaid date for the purpose of hearing an address from his Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed, to escort his Excellency, the Governor, to the Hall of the House of Representatives.

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

Messrs. Geisinger of the 72nd, Keyton of the 70th, Mauldin of the 12th, Maxwell of the 78th, Murphy of the 19th, Paris of the 14th and Wheeler of the 57th.

HR 513. 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 RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that his Excellency, Governor Lester G. Maddox, is hereby in vited to address a joint session of the House of Representatives and Senate at 12:00 o'clock Noon, January 15, 1970, in the Hall of the House of Representatives.

MONDAY, JANUARY 12, 1970

15

BE IT FURTHER RESOLVED that a joint session of the House of Representatives and Senate be held in the Hall of the House of Representatives at 11:30 o'clock on the aforesaid date for the purpose of hearing an address from his Excellency, the Governor.

BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort his Excellency, the Governor, to the Hall of the House of Representatives.

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

Messrs. Barber of the 15th, Funk of the 92nd, Hargrett of the 58th, Holder of the 49th, Lane of the 44th, Pafford of the 64th and Parker of the 44th.

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

HB 1028. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, etc; so as to provide that it shall be unlawful for any person to issue, mail or otherwise deliver or attempt to deliver a credit card to any person in this State when such person has not applied therefor in writing; and for other purposes.
Referred to the Committee on Industry.

HR 514-1028. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, McCracken of the 36th, Harris of the 77th and Dodson of the 82nd:
A Resolution proposing a new Constitution for the State of Georgia to be presented, to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitu tion for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the

16

JOURNAL OF THE HOUSE,

court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.
Referred to the Committee on Special Judiciary.

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

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 mak ing of light domestic wines, and which amendment authorized sale of wine in airports; and for other purposes.

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.

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.

HR 465-1026. By Messrs, Geisinger of the 72nd, Floyd of the 79th, 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 provide 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.

MONDAY, JANUARY 12, 1970

17

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 revocation of motor vehicle driver licenses, so as to provide for a Medical Advisory Board; and for other purposes.

Mr. Busbee of the 61st moved that the following Bill of the Senate be taken from the table and placed on the General Calendar:

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 pro vide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; and for other purposes.

The motion prevailed and SB 250 was taken from the table and placed on the General Calendar.

Mr. Busbee of the 61st moved that the following Bills and Resolutions of the House and Senate, which appeared on the House General Calendar of Monday, January 12, 1970, be referred back to the committees to which they were previously assigned:

HB

14. Banking Law, Term "Village"--Reconsidered.

HR 10- 14. Constitutional Amendment, Judiciary.

HB

21. Judges Court of Appeals, Retirement--Reconsidered.

HB

22. Judges Court of Appeals, Retirement.

HB

35. Teachers Allotment, Local Units.

HR 39- 68. Bobwhite Quail, State Bird PP.

HB

84. Insurance Industry, Unfair Practices.

HR 44- 87. Licensing of Children's Orphanage Study Committee.

HB

92. Teacher Retirement, Prior Service Credit.

HB

116. Allotment of Teachers, Education Act.

HR 49- 121. Eminent Domain, Compensation.

HR 51- 125. Allocation of Motor Fuel Tax (Placed on Cal. to Cons. Unfav. Rep. of Comm.).

HB

132. Insurance, Accident and Sickness, Cancelled.

HR 63- 136. Margaret Mitchell, Placing of Bust.

18

JOURNAL OF THE HOUSE,

HB

161. General Assembly, Expense Allowance (Reported without

Comm. Recommendation)

HB

175. Teachers Retirement, Board of Trustees.

HB

179. Attorney General, Compensation.

HR 75- 184. Coastal Marshlands, Legal Owners.

HR 77- 199. Teacher Retirement, Increase Allowance.

HB

214. State Auditor, Compensation and Expenses.

HB

216. County Officials, Abolish Fee System.

HR 81- 219. State-Owned Liquor Store Study Committee.

HB

220. Warrants, Issuance of Bonds.

HB

223. Mentally 111, Examining Committee, Compensation.

HB

228. Felonies, Punishment.

HB

255. Sterilization, Any Person if Requested in Writing.

HB

277. Death Penalty, Abolish.

HR 117- 287. Sales Tax on Wholesalers Joint Study Committee.

HB

295. VA and FHA Loans, Interest.

HB

327. Board of Hearing Aid Dealers and Dispensers.

HB

330. Vending Stands, State Buildings.

HR 129- 341.

HB

348.

HB

349.

HB

360.

HR 131- 375.

Constitution, State of Georgia. Driver's Licenses, Revoked, Suspended. Driver's Licenses, Examination. State Liability, Motor Vehicle Operator. Intangible Tax Interim Study Committee.

HB

376. Department of Labor, Duties.

HB

403. Family and Children Services, County Employee.

HB

406. State Flag, Description.

HB

410. Department of Public Safety, Amend.

HB

414. G.B.I. Transfer To The Department of Law (Reconsidered).

HB

415. G.B.I., Certain Crimes, Submit Information.

HB

416. G.B.I., Attorney General Employ Necessary Agents.

HB

437. Hospital Authorities, License of Medical Employees.

HB

448. Municipal Official, Raise Own Salary.

HB

473. Medical Services, Transplantings.

HB

479. Law Enforcement Officers, Abuse or Injure.

HB

485. Prisons, Place of Confinement.

MONDAY, JANUARY 12, 1970

19

HB

529. Municipal and County, One Governing Authority (Recon

sidered) .

HB

539. Attorney General, Duties.

HR 193- 557. Joint Lobbying Study Committee.

HB

577. State Board of Barbers, Create.

HB

579. Disabled Veterans' Spouse, Honorary Driver's License.

HB

594. Dogs, Run At Large, Unlawful.

HB

608. Insurance, Reinsurance and Risk Factors.

HB

620. Property, General Lien, Public Assistance.

HB

626. Inventorying of Public Property, State.

HB

641. Sales Tax, Counties Levy PP.

HB

647. Counties, Levy Tax For Development of Trade.

HR 231- 656. Classify Property Taxation Purposes PP

HB

658. Hospital Building Authority, Amount Bonds Issued.

HB

659. Penal Building Authority, Amount Bonds Issued.

HB

683. Public Records, Inspection, Kept Confidential.

HB

695. Fire Departments Employees, Settlement of Disputes.

HB

706. Revolvers, Require a Safety Device.

HB

709. Trial, Crime of Mutiny, Person Competent, Testify.

HB

710. Criminal Code, Person Destroy, Damage Own Property.

HB

712. Trial, Escaped Prisoner, Competent Person, Testify.

HB

714. Criminal Code, Intent to Commit a Crime.

HB

715. Criminal Code, Attempted Crime Actually Committed.

HB

718. Criminal Code, Define Inciting Act.

HB

736. Racing Commission, Fulton County.

HB

744. Motor Vehicle, Special License Tags.

HB

745. License Tags, National Guard.

HB

746. Veterans License Tags, Pick-up Trucks.

HR 256- 758. Support of Public Education, Study Committee.

HB

759. Common Contract Carriers, License Fees.

HB

761. Race Track or Facility, Safety Regulations.

HB

787. Alcoholic Beverage Licenses, Location of Businesses.

HR 259- 788. Law Books, Gwinnett County.

HB

796. Criminal Cases, Argument by Counsel.

20

JOURNAL OF THE HOUSE,

HB

832. Rifles and Shotguns, Purchase of

HB

833. Hunting, Fishing and Trapping Licenses.

HB

837. Game and Fish Commission, Director's Salary.

HB

841. Farmers Mutual Fire Insurance Companies, Qualifications.

HR 276- 843. Black Rock Mountain State Park, Easement.

HR

849. Non-Residents, Purchase of License Plates.

HB

853. Mineral Leasing Commission, Leases.

HB

865. Tax Return, Transfer of Real Property.

HR 300- 872. Old Governor's Mansion, Funds For Guard.

HB

904. Indigent Care, Patients.

HB

909. State Flag, Deface.

HB

910. State-Owned Vehicles, License Tags.

HB

921. State House Officers and Departments, Itemized Statements.

HR 312- 923. Lease Land, Black Rock Mountain State Park.

HB

944. Criminal Damage to Property.

HR 316- 951. Ambulance Services, Study Committee.

HR 339- 962. Motor Fuel Taxes, Boating and Fishing Facilities.

HB 1013. Extraordinary Session, Fund, Executive Department.

HR 357-1014. Education Study Commission PP.

SENATE

SB

7. Minors, Marriage License, Consent.

SB

9. Superior Court Judges, Widows Benefits (Reconsidered).

SB

12. Trial Judges, Practice of Law PP.

SB

13. Teachers, Allotment of (Reconsidered).

SB

14. Garnishment, Exempt Wages PP.

SB

26. Justices and Judges, Salaries (Reconsidered).

SB

30. Insurance Commissioner, Powers and Duties.

SB

69. Judges and District Attorney, Retirement System.

SB

83. Circuit Probation Supervisors PP.

SB

86. Eminent Domain, Draw 75% of Awards.

SB

88. Contracts, Periods of Limitation of Actions.

MONDAY, JANUARY 12, 1970

21

SB

92. Vehicles, Driver Intoxicated or Drugs.

SB

107. State Militia, Armory Duty.

SR

119. Junked Motor Vehicles Study Committee.

SB

160. Grants to Cities, Street Construction.

SB

161. Grants to Cities, Term "Population", Define.

SB

181. Game Promotions, Lessee, Agent.

SB

201. Georgia Department of Water Resources, Create.

SB

202. Banking Law, Private Banks (Reconsidered).

SB

250. Eviction Proceedings, Tenants Defense.

SB

272. Motor Vehicle, Traffic Violations.

The motion prevailed and all Bills and Resolutions of the House and Senate appearing on the House General Calendar for Monday, January 12, 1970, were referred back to the committees to which they had been previously assigned.

The following communications from His Excellency, Governor Lester G. Maddox, were received and read:

EXECUTIVE DEPARTMENT Lestor Maddox, Governor Atlanta
May 5, 1969
Honorable George L. Smith II Speaker of the House of Representatives
of the State of Georgia State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following House Bills passed and adopted at the 1969 Session of the General Assembly of Georgia were vetoed by me for the reasons set forth below:
H. B. 81 (Veto No. 3)--By Representative Vaughn of the 74th and others, amending 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 tax; to provide for certain refunds; to provide for removal of certain State and Federal excise taxes; and for other purposes. This

22

JOURNAL OF THE HOUSE,

bill was vetoed because I felt it would be improper to approve one part of the tax program I presented to the General Assembly while ignoring other substantial revenue producing measures that were presented at the same time. The bill places highways, politics and politicians ahead of the safety, health and well being of most Georgians. This legislation places highways, politics and politicians ahead of our children, ahead of education, ahead of mental health care, and ahead of prisoners. This bill indicates that we can put hundreds of millions of dollars in highways, but we cannot do anything for our law enforcement officers and firemen, and other personnel needed in our cities and counties. This bill indicates that we can put hundreds of millions of dollars in highways, but we can't give one nickel for our teachers, State employees and college personnel. I stand ready to sign another bill of this nature at any time the General Assembly puts people on an equal status with concrete and steel.

H. B. 436 (Veto No. 4)--By Representatives Vaughn of the 74th and Felton of the 95th, amending 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. This bill was vetoed substantially for the same reasons as set forth for vetoing House Bill 81; particularly, it is my sincere feeling that one part of the tax program which was presented to the General Assembly after long deliberative study should not be enacted and the remainder of said program completely ignored.

H. B. 435 (Veto No. 5)--By Representatives Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd, amending 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 and tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes. This bill was vetoed because I am opposed to the enactment of authority to levy local option taxes until such time as adequate statewide revenue measures are enacted.

H. B. 366 (Veto No. 6)--By Representative Collier of the 54th and others, amending 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; to provide for appellate review; and for other purposes. The original language in House Bill 366 as pre pared and introduced by its sponsors expressly authorized and pro vided procedure for the Georgia Public Service Commission to inquire into the reasonableness and adequacy of the service being rendered by a utility concurrently with a hearing for increased rates for the service being rendered by such utility. Those provisions were well intended and could have proven beneficial to the users of utility ser vice of our State but in its course through the General Assembly, the bill was so amended as to be harmful to these consumers. The bill as amended and passed would repeal the "fair value standard" prescribed by the General Assembly as the rule of reasonableness for

MONDAY, JANUARY 12, 1970

23

application by the Commission in determining and fixing the rate base of a utility (and under which the Commission has always employed the universally accepted original cost of investment method) and
would substitute in its place as the controlling guideline the cost of the replacement of the utility's property (less depreciation) on which it could demand a fair rate of return. Obviously, in the light of ever increasing cost of materials and labor, this change in the method of rate base determination with present inflated values could and probably would, in the opinion of the Commission, result in increased rates to virtually all the utility users in the State. In addition, the
amended bill would empower a utility to put its own proposed in creased rates into effect in the event the Commission failed to approve such increases within 120 days. This drastic change in our regulatory law does not appear to be justified on the basis of the record of per formance of our regulatory Commission and even if that was so, the present statutes fully protect the utilities against arbitrary or dila tory action on the part of the Commission. Additionally, several signers of the bill as well as all the members of the Georgia Public Serv ice Commission strongly urged that the bill be vetoed. I therefore vetoed the bill for the above reasons.

H. B. 742 (Veto No. 7)--By Representative Ballard of the 23rd, amending an Act creating a new charter for the Town of Newborn, so as to provide for the election of the Mayor and Councilmen; and for other purposes. This bill was vetoed at the request of its author.

H. B. 537 (Veto No. 8)--By Representative Lane of the 101st and others, amending an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes. This bill was vetoed at the request of a majority of its authors, and at the request of Honorable R. E. Brown, Mayor of the City of East Point, because of the confusion occurring among the employees of said City relative to the provisions of said bill.

H. B. 11 (Veto No. 11)--By Representative Odom of the 61st and others, amending 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. This bill was vetoed because it places an additional burden upon the staff of the Budget Bureau at the time when appropriations bills and budget documents are being prepared. I vetoed said bill for the further reason that no additional funds were provided for the additional staff that the provisions of said bill would, in my opinion, require.

H. B. 630 (Veto No. 12)--By Representative Cook of the 95th and others, amending an Act establishing a new Charter for the City of Atlanta, so as to provide by ordinance for the establishment of reasonable fees chargeable to the general public, or any reasonable class thereof, for admission to the zoo; and for other purposes. This bill was vetoed for the reason that I felt that no admission charge should be made for entrance to the zoo in the City of Atlanta. It is admitted that large expenditures of funds have been made in moderniz ing the zoo, but it should also be kept in mind that Grant Park was

24

JOURNAL OF THE HOUSE,

acquired by the City of Atlanta for recreational and park purposes. Many young children visit Grant Park who are indigent and would be unable to pay the entrance fee to the zoo regardless of the amount charged.

H. B. 760 (Veto No. 13)--By Representative Dodson of the 82nd, amending 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 foreitures in said court; and for other purposes. This bill was vetoed at the request of the legisla tive delegation from Bibb County due to the fact that the intent of said bill could be misconstrued.

H. B. 999 (Veto No. 14)--By Representative Lee of the 61st, creating the Policy and Evaluation Committee for Electronic Data Processing; and for other purposes. This bill was vetoed by me be cause a State Computer Center has already been established within the Executive Branch of Government pursuant to an Executive Order of a previous Governor. In the event a bill creating a Policy and Evaluation Committee for Electronic Data Processing is enacted into law, such bill should include experts from outside State government instead of appointed or employed persons in the Executive Branch of Government. Said bill was vetoed for the further reason that its provisions, in my opinion encroach upon the general law relative to
the Supervisor of Purchases.

H. B. 264 (Veto No. 20)--By Representatives Smith of the 3rd and Brown of the 32nd, amending Code Title 88 knwon 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. This bill was vetoed because the standards set forth therein are too restrictive at this time when financing for construction, repairs and improvements is so limited. The bill does not provide any limitations for the requirements that the Department of Public Health could impose.

H. B. 323 (Veto No. 21)--By Representative Lane of the 101st and others, amending an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous and intoxicating liquors; and for other purposes. This bill was vetoed because in my opinion the advertisement of said bill was inadequate to comply with the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia.

H. B. 445 (Veto No. 22)--By Representative Hamilton of the 112th and others, amending an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; and for other purposes. This bill was vetoed by me because I have been in formed that a study is now being made relative to creating a Metro Housing Authority. I see no reason for changing the present law relative to the Atlanta Housing Authority before the aforesaid study can be completed and the results of said study reviewed.

MONDAY, JANUARY 12, 1970

25

H. B. 804 (Veto No. 23)--By Representative Egan of the 116th and others, amending an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to pro vide that licensees 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. I vetoed this bill because it was passed for the benefit of certain business establish ments operating in the area of the City of Atlanta known as Under ground Atlanta. At the present time it is my opinion that law en forcement and protection by law enforcement officers is inadequate in said area.

H. B. 814 (Veto No. 24)--By Representative Melton of the 32nd and others, amending 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. This bill was vetoed by me for substantially the same reasons for which I vetoed House Bill 435. Adequate statewide revenue for increased statewide services should be provided before legislation for local option taxes is enacted.

H. B. 607 (Veto No. 26)--By Representative Conner of the 56th, amending 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 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 (Ga. Laws 1956, p. 86); to change the method of remitting said tax; and for other purposes. This bill was vetoed by me at the request of the author.

LM:jc

Respectfully submitted, /s/ Lester Maddox
Governor

cc: Honorable Glenn W. Ellard

Honorable Frank H. Edwards

Honorable Arthur K. Bolton

Honorable Ben W. Fortson, Jr.

EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta

Honorable George L. Smith II Speaker of the House of Representatives and Members of the House of Representatives State Capitol Atlanta, Georgia 30334

March 24, 1969

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

26

JOURNAL OF THE HOUSE,

service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes."

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 Governor 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 employees.

I feel there are both good and bad features of this particular legislation. I feel that many good things will be brought about by the honor afforded the State of Georgia when Phil Campbell accepted the 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 considerations 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, illclothed 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 appropriations 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 increases 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, Paragraph

MONDAY, JANUARY 12, 1970

27

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

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 182. By Senator Holloway of the 12th:
A Resolution notifying the House of Representatives that the Senate has convened; and for other purposes.

The following Resolutions of the House and Senate were read and adopted:

HR 515. 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 RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from Honorable Herman F. Talmadge; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that Honorable Herman E. Talmadge, United States Senator, is hereby invited to address a joint session of the House of Representa tives and Senate at 11:00 o'clock a.m., Wednesday, January 14, 1970, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and Senate be held in the Hall of the House of

28

JOURNAL OP THE HOUSE,

Representatives at 10:45 o'clock a.m. on the aforesaid date for the purpose of hearing an address from Senator Talmadge.
BE IT FURTHER RESOLVED that a Committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort Senator Talmadge to the Hall of the House of Representatives.

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

Messrs. Black of the 45th, Blalock of the 30th, Carnes of the 104th, Collier of the 54th, Collins of the 62nd, Jordan of the 74th, Knowles of the 22nd and Matthews of the 63rd.

SR 182. By Senator Holloway of the 12th:
A RESOLUTION
To notify the House of Representatives that the Senate has con vened; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Secretary of the Senate is hereby instructed to notify the House of Representatives that the Senate has convened in regular session and is now ready for the transaction of business.

The following message was received from the Senate through Mr. Mc~ Whorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the following Resolutions of the House to wit:.

HR 509. 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 Resolution notifying the Governor that the General Assembly has convened; and for other purposes.

The President has appointed as a committee of notification on the part of the Senate the following:

MONDAY, JANUARY 12, 1970

29

Senators Coggin of the 35th, Chairman, Padgett of the 23rd, Abney of the 53rd, Carter of the 14th and Searcey of the 2nd, Webb of the llth and McGill of the 24th.

HR 512. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A Resolution calling for a joint session of the House of Representa tives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.

The President has appointed as a Committee of Escort on the part of the Senate the following:

Senators Spinks of the 9th, Smith of the 34th, Rowan of the 8th, Dean of the 6th, Adams of the 26th, Brown of the 47th and Hill of the 29th.

HR 513. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, and others:
A Resolution calling for a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.

The President has appointed as a Committee of Escort on the part of the Senate the following:

Senators Gillis of the 20th, Cox of the 21st, Adams of the 5th, Fincher of the 51st, Piunkett of the 30th, Jackson of the 16th and Vann of the 10th:

The following communications were received and read:

HOUSE OF REPRESENTATIVES Atlanta, Georgia
Geo. L. Smith II, Speaker Atlanta
Pursuant to House Rule 211, I hereby certify that Honorable J. Roy McCracken, Representative, District 36, Chairman of the Com mittee on State of Republic is incapacitated due to illness.

30

JOURNAL OF THE HOUSE,

Under the provisions of the aforesaid Rule, the Vice-Chairman of said committee is authorized to call and hold meetings of the Committee on State of Republic.

This January 12, 1970.
/s/ George L. Smith II Speaker, House of Representatives
cc: Glenn W. Ellard, Clerk, House of Representatives
Mobley Howell, Vice Chairman, Committee on State of Republic
Carey Bond, Fiscal Officer

HOUSE OF REPRESENTATIVES Atlanta, Georgia
Geo. L. Smith II, Speaker Atlanta
Pursuant to House Rule 211, I hereby certify that Honorable Emory L. Rowland, Representative District 42, Post 1, Chairman of the Committee on Retirement, is incapacitated due to illness.
Under the provisions of the aforesaid Rule, the Vice-Chairman of said committee is authorized to call and hold meetings of the Com mittee on Retirement.
This January 12, 1970.
/s/ George L. Smith II Speaker, House of Representatives
Thomas B. Buck, III, Vice-Chairman, Committee on Retirement
Glenn W. Ellard, Clerk, House of Representatives
Carey Bond, Fiscal Officer

Mr. Busbee of the 61st moved that the House do now adjourn until 10:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.

TUESDAY, JANUARY 13, 1970

31

Representative Hall, Atlanta, Georgia Tuesday, January 13, 1970

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Vernard Robertson, District Superintendent, Valdosta District United Methodist Church, Valdosta, Georgia:
O God of truth, who alone canst lead men into the truth that is freedom and joy, be Thou our Teacher as we seek to find the way of life in times that bewilder and challenge. Teach us better to know ourselves, that knowing our weaknesses, we may be on guard. Teach us better to understand other peole that we may view their short comings with charity, their virtues with appreciation and their kind ness to us with gratitude.
Hear us when we pray for all those in places of influence and authority that they may do right. Guide those who lead us and touch Thy servants with Thy Holy Spirit, that their faith may be revived, their hope renewed and their vision made clear and challenging. Give to them the conviction that with Thy help all things are possible-- even the most difficult things that baffle us now. Let us not be frightened by the problems that confront us, but rather give thanks that Thou hast matched us with this hour.
In our differences may we be kind; in our agreements may we be humble, that Thy will may be done in us and through us in our beloved state.
For Jesus' sake, 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.

32

JOURNAL OP THE HOUSE,

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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1030. By Messrs. Games of the 104th and Cooper of the llth: A Bill to be entitled an Act to revise, classify, consolidate and supersede the present Juvenile Court Laws and to establish new laws relating thereto; and for other purposes.
Referred to the Committee on Judiciary.
HB 1031. By Mr. Carnes of the 104th: A Bill to be entitled an Act to provide that it shall be error for a crimi nal trial judge to fail to give a pertinent written request to charge submitted to him at the proper time; to nullify and void conflicting rules of court; and for other purposes.
Referred to the Committee on Judiciary.
HB 1032. By Mr. Carnes of the 104th: A Bill to be entitled an Act to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 1033. By Mr. Carnes of the 104th: A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

TUESDAY, JANUARY 13, 1970

33

HB 1034. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1035. By Mr. Howell of the 60th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend the charter of the City of Blakely . . .", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1036. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the requirements for separate and distinct accounts relating to revenues and disbursements pertaining- to the operation and maintenance of said city's public utili ties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1037. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1038. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amuse ment tax on motion pictures, with a graduated rate assessed in ac cordance with the rating applied to each motion picture by the Mo tion Picture Coding Association of America; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1039. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of each county in the State of Georgia to impose and collect an amusement

34

JOURNAL OF THE HOUSE,

tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1040. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to impose a tax on obscene materials; to define terms; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1041. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to provide for the establishment of fire pro tection districts in Spalding County, pursuant to constitutional pro visions relative thereto; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1042. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; and for other purposes.
Referred to the Committee on Judiciary.

HR 516-1042. By Messrs. Clarke of the 33rd, Dodson of the 82nd, Melton and Brown of the 32nd:
A Resolution urging the Federal Aviation Administration and any other appropriate Federal agency and authorizing a committee of the House of Representatives of Georgia to investigate the circumstances sur rounding the recommendation of Site "A", in the northern section of Fulton County, for the second airport, by certain commercial air lines; and for other purposes.
Referred to the Committee on Industry.

HR 517-1042. By Messrs. Melton and Brown of the 32nd:
A Resolution proposing an amendment to the Constitution, so as to pro vide that at the expiration of the present term of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 13, 1970

35

HR 518-1042. By Messrs. Melton and Brown of the 32nd:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedures whereby the Board of Education of Payette County shall district Payette County into educational districts for the purpose of electing members of the Board of Education of Payette County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 519-1042. By Mr. Parker of the 46th:
A Resolution proposing an amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership, from all ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and and Means.

HB 1043. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Sec tion, shall apply; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1044. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 29-409, relating to the witnessing of deeds executed out of this State, so as to delete therefrom certain of the requirements relating to the attachment of the seal and certain certifications when out-of-state notaries have witnessed such documents; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 520-1044. By Messrs. Crowe, Snow and Hale of the 1st: A Resolution compensating Mr. Charles J. Strain; and for other pur poses.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 1028. By Mr. Lane of the 101st: A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, etc; so as to provide that it shall be unlawful

36

JOURNAL OF THE HOUSE,

for any person to issue, mail or otherwise deliver or attempt to deliver a credit card to any person in this State when such person has not applied therefor in writing; and for other purposes.

HR 514-1028. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st: McCracken of the 36th, Harris of the 77th and Dodson of the 82nd:
A Resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.

Mr. Harris of the 77th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HR 514-1028. Do Pass by Substitute.
Respectfully submitted, Mr. Harris of the 77th District, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has adopted the following Resolution of the House to-wit:

TUESDAY, JANUARY 13, 1970

37

HR 515. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th and others:
A Resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from Honorable Her man E. Talmadge; and for other purposes.

The President has appointed on the part of the Senate as an Escort Com mittee the following:

Senators Trippe of the 31st, Chairman; Fincher of the 54th, Hardy of the 56th, Pennington of the 45th, Kennedy of the 4th, Young of the 13th and Walling of the 42nd.

By unanimous consent, the following Bills and Resolution of the House and Senate were withdrawn from the Committee on State of Republic and referred to the Committee on Retirement:

HB 98. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act establishing a State Em ployees Retirement System, approved February 3, 1949, as amended, so as to change the provisions of that Act relating to former employees; and for other purposes.
HB 153. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing the State Employees Retirement System, as amended, so as to provide that certain current membership shall be entitled to prior service certificates under certain conditions; and for other purposes.
HB 182. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees Retirement System of Georgia, as amended, so as to provide for prior service credit for members of retirement systems of govern mental subdivisions; and for other purposes.
HB 191. By Messrs. Dent and Connell of the 79th, DeLong and Sherman of the 80th, Lewis of the 37th and others:
A Bill to be entitled an Act to amend Code Section 93-206 and Coda Section 93-208, as amended, pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

38

JOURNAL OF THE HOUSE,

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, as amended, so as to provide for prior service credit for certain individuals serving in the Armed Forces; and for other purposes.

SB 65. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to repeal an Act establishing the Georgia Legislative Retirement System; and for other purposes.

SR 75. By Senators Smalley of the 28th and Bateman of the 27th:
A Resolution proposing an amendment to the Constitution so as to pro vide certain requirements in connection with laws pertaining to retire ment and pension systems expending public funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 528. 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 RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by striking the first paragraph in said Rule after the listing of the standing committees and inserting in lieu thereof the following:
"No member of the House shall be appointed to or serve on less than two (2) or more than three (3) standing committees of the House, with the exception of the Committee on Interstate Co operation. Effective, beginning with the regular 1971 session of the General Assembly, no member of the House shall be appointed to serve on more than two (2) standing committees of the House with the exception of the Committee on Interstate Cooperation."

TUESDAY, JANUARY 13, 1970

39

HR 529. 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 RESOLUTION

Amending the Rules of the House of Representatives; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by striking the last three para graphs of said Rule and inserting in lieu thereof the following:

"The Speaker shall be an ex officio member of all standing committees of the House, but shall have no vote as an ex officio member except on the Committee on Rules.

The Chairman and Vice Chairman of the Committee on Ap propriations shall be ex officio members of the Committee on Ways and Means, and the Chairman and Vice Chairman of the Committee on Ways and Means shall be ex officio members of the Committee on Appropriations.

Except as hereinafter provided, the Speaker shall appoint a Chairman, a Vice-Chairman, and a Secretary for all standing com mittees and for all subcommittees created by him. The Majority Leader and the Minority Leader shall be members of the Rules Committee. Each such Leader must be certified as such by his Party Caucus Chairman to the Speaker of the House and to the Clerk of the House."

HR 531. By Mr. Hargrett of the 58th:
A RESOLUTION
Creating the Corporate and Securities Laws Study Committee; and for other purposes.
WHEREAS, the State of Georgia has recently adopted a new Cor porate Code which exhaustively revised the laws of this State relating to the incorporation, regulation and control of corporations and their activities; and
WHEREAS, recent events have demonstrated that many citizens of this State have been the victims of unscrupulous and dishonest promoters of business ventures resulting in the loss of any savings through the illegal sale of securities; and
WHEREAS, there is a need for a thorough and exhaustive study into the present laws of our State relating to the sale of securities and those laws regulating the activities of corporate enterprises.

40

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Corporate and Securities Laws 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 any inadequacies and de ficiencies in our present laws relating to sale of securities and regula tion and control of corporate enterprises, The Committee shall make a report of its findings and recommendations to the 1971 General As sembly, at which time it shall stand abolished. The members of the Com mittee shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative study committees.

The following Resolution of the House was read and referred to the Com mittee on Hygiene and Sanitation:

HR 530. By Mr. Lane of the 101st:
A RESOLUTION
Creating the Nondecomposible Refuse Study Committee; and for other purposes.
WHEREAS, the development of containers and other packaging material made of nondecomposible plastics has created a serious prob lem in refuse disposal; and
WHEREAS, more of these products are being developed and used and methods must be found for the disposal of such products in an ef fective and economical manner.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Nondecomposible Refuse Study Committee which shall consist of 5 members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall make a study and investigation of the problems rela tive to the disposal of nondecomposible refuse and make recommenda tions for the solution of such problems.
BE IT FURTHER RESOLVED that each member of said Committee shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of said Com mittee but shall receive same for not more than 10 days. Such expenses and allowances shall be paid 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 to the General Assembly by not later than the second Monday in January 1971, and on said day said Committee shall stand abolished.

TUESDAY, JANUARY 13, 1970

41

The following Resolutions of the House were read and adopted:

HR 532. By Messrs. Smith of the 43rd, Matthews of the 16th, Douglas of the 42nd, Black of the 45th, Parker of the 44th, Hadaway of the 27th, and many, many others:
A RESOLUTION
Wishing a speedy recovery for Honorable Emory L. Rowland; and for other purposes.
WHEREAS, Honorable Emory L. Rowland, Representative from the 42nd District, is absent from the deliberations of this body due to his confinement in the hospital; and
WHEREAS, he has many years of outstanding service as a member of this body, having served since 1941, with the exception of four years of service as Solicitor of the City Court of Wrightsville; and
WHEREAS, his counsel and advice and consideration of measures before this body are sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regret at the illness of Honorable Emory L. Rowland and extend their sincerest wishes for a speedy recovery and a return to the deliberations of this body.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honor able Emory L. Rowland.

HR 533. By Messrs. Smith of the 43rd, Matthews of the 16th, Douglas of the 42nd, Bray of the 31st, Hadaway of the 27th, Parker of the 44th, and many, many others:
A RESOLUTION
Wishing a speedy recovery for Honorable Maddox J. Hale; and for other purposes.
WHEREAS, Honorable Maddox J. Hale, the Speaker Pro Tern of this body is unable to be in attendance due to illness; and
WHEREAS he has long been an outstanding member of the House and has served as Speaker Pro Tern for the last three terms; and
WHEREAS, he is the possessor of a keen sense of humor and his ability to carry a point with his dry wit is well known and is greatly appreciated by all the members of this body; and

42

JOURNAL OF THE HOUSE,

WHEREAS, his counsel and advice and consideration of measures before this body are sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body extend their most heartfelt wishes to Honorable Maddox J. Hale for his speedy recovery and a return to the deliberations of this body.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Maddox J. Hale.

HR 534. By Messrs. Smith of the 43rd, Matthews of the 16th, Douglas of the 42nd, Black of the 45th, Parker of the 44th, Bray of the 31st, Northcutt of the 21st, and many, many others:
A RESOLUTION
Wishing a speedy recovery to Honorable J. Roy McCracken; and for other purposes.
WHEREAS, Honorable J. Roy McCracken, Representative from the 36th District, is absent from the deliberations of this body due to his having suffered a heart attack; and
Whereas, he is the Dean of the House of Representatives, having served as a member since 1935; and
WHEREAS, he is affectionately called "Judge" by his multitude of friends and is beloved by all the members of this body; and
WHEREAS, he is always ready, willing and able to assist and ad vise with the newer members of the House, and his advice and counsel are respected by all members.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend their most heartfelt wishes to Honorable J. Roy McCracken for his speedy recovery and a return to the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable J. Roy McCracken.

Pursuant to HR 512, adopted by the House and Senate, the Senate appeared upon the floor of the House at 11:30 A.M., and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor Lester G. Maddox.

The Joint Session was called to order by the President of the Senate.

TUESDAY, JANUARY 13, 1970

43

The Secretary of the Senate read the Resolution providing for the Joint Ses sion.

Accompanied by the Committee of Escort and other distinguished guests, Governor Maddox appeared upon the floor of the House.

Lieutenant Governor Smith presented Governor Lester G. Maddox, who de livered the following- address:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE GEORGIA GENERAL ASSEM BLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
It's good to be back with you for another legislative session. I am sure that each member of this august body is well aware that this Governor always has a hearty welcome for the members of the Geor gia General Assembly. I look forward to this time of the year because the beginning of each new session is always accompanied by new hope.
We can now begin anew.
We can attack those problems which we have left from past delibera tions and resolve to deal effectively and courageously with those new problems which are of vital concern to our people.
It is expected that politicians will sometimes be politicians, but there comes a time in the life of every public official when politics must be set aside and every consideration be given the public good.
That time is now.
The power of this free government rests with a free people--the men and women who run the machines, build the bridges, milk the cows, lay the bricks, drive the trucks, fry the chicken and do all the other things within the private free enterprise system which earn our government a living, and make our government possible.
I think it is well for us to remind ourselves upon occasion that government is not a producer, but a consumer.
Government consumer labor, material and money--a lot of money.
State government is like a campfire in a wilderness. As long as the fire is fed adequately, it provides light, warmth and protection.
Too much fuel, given without adequate controls, creates a danger to the people.

44

JOURNAL OF THE HOUSE,

Too little fuel leaves some of the people out in the cold, unprotected. We are the watchers of the fire. It is our job to say, "This is enough, and that would be too much." And it is only natural that we would sometimes disagree.

But, there is only one fire, and it must be regulated to serve all who look to it for light, for warmth and for protection.

Ours must not be just a rural state government....

Not just an urban state government ....

Not just a poor man's state government ....

Not just a rich man's state government ....

Not just a white man's state government ....

And not just a black man's state government.

Ours must be a state government of all the people, for all the people, and by all the people, bar none.

Of course, this is no great revelation to you. It is because of your recognition of this important principle that we, as the servants of the people, in their state government, have been able to make such tre mendous accomplishments in the year just past, and, in those years im mediately preceding 1969, enabling me, today, as Georgia's Chief execu tive, to report to you, the esteemed members of the Georgia General Assembly and to the people of the great State of Georgia that the state of the State is excellent.

Such a report should be applauded by every Georgian ....

Hailed by every Georgia newspaper ....

And welcomed by every politician, whether Republican, Democrat or Independent.

But, let's recall some of the predictions that were being made back in 1966 and in early 1967 about what the Maddox Administration would do for Georgia--or, maybe I should say, "do to Georgia."

Remember this headline ? "New South 'Buried' Maddox Foes Claim."

One person was quoted as saying, "I sincerely believe that the image of Mr. Maddox is so negative that even if he does a good job, we won't be able to overcome the effects in a four-year term."

TUESDAY, JANUARY 13, 1970

45

Other prophets of doom said that a vote for Lester Maddox would hold back Georgia's progress for the next four years.

One Georgia editor said that "Lester Maddox constitutes a grave danger to all that responsible Georgians hold dear . . . . "

Some said that schools would close, industry would move out, new industry would not come in, our economy would roll backwards and Georgia would be engulfed with rioting, looting, burning, killing, chaos and disorder.

But, now, I am going to take this opportunity to bring the truth and to bring the facts to you and to all Georgians without any bias, without any editorializing, and, yes, without any fear.

Throughout the nation and throughout the world, Georgia today is recognized as one of the finest, moit progressive, most dynamic, most peaceful and most promising states is the nation.

And you don't have to take my word for it. Just look--anywhere. The facts speak for themselves.

During this Administration, Georgia finally moved out of its ado lescence to take its rightful place as a full-fledged member of this great nation--and not just a member, but a leader.

Isn't that wonderful!

The great seal of Georgia has been polished to a luster never be fore seen in this State by the hands of the people and put out in the light for all to see, rather than for just a special few.

Out-of-state visitors are flocking to Georgia as never before.

Everywhere we turn, we see more progress and more prosperity ....

In spite of predictions, conditions are more peaceful and more har monious than even the most optimistic among us would have thought possible under the circumstances that have been forced upon us.

I sincerely believe that this Administration has been tested with more potential crises than any administration has had to face since the Reconstruction days.

And, with God's help, we have met the challenge.

By showing a willingness and the ability to work with all the people, we have paved the way to better understanding among all factions and to more civilized resolutions of divergent opinions.

46

JOURNAL OF THE HOUSE,

Let's take a loot, now, at what has been accomplished by this atti tude of cooperation. Let's look at the record--the real record, and not
just rumors, half-truths and opinions.

During the past 36 months, investments in new and expanded industry have exceeded one and one-half billion dollars.

The Maddox Administration's three years have topped the previous seven years by some 150 million dollars in industrial gains.

As a result of this industrial revolution, Georgians are enjoying a higher standard of living. Georgia's percentage of personal income increase places our State fourth from the top in the entire nation, ac
cording to latest available figures.

We have a good momentum going, and there is almost no limit to how much we could build upon it. Our people are staying in Georgia and helping us to build a stronger, more prosperous state. And, not only are Georgians staying, but people from other states, and, yes, from other parts of the world, are coming to Georgia, bringing with them new capital, new industry, new job opportunities, new revenue,
new ideas, and, yes, new hope.

We promised the people that we would carry the story of Georgia's industrial potential and her tourist attractions to the nation and to the world as never before. And, with your help and the help of many other individuals and organizations, that story has been, and is being, old.

During this Administration, leaders throughout the nation in edu cation, in government and in industry have been fully awakened to the fact that Georgia is the dynamic, prosperous and peaceful hub of a great region.

Georgia's Department of Industry and Trade, a one-time political dumping ground, has been turned into one of the most efficient and most effective such agencies in the United States.

That is a remarkable achievement.

When we consider that in 1965 Georgia was at the bottom of seven southeastern states in dollars for new and expanded industry and was the only state in the nation without an advertising campaign, due to the mismanagement and misuse of funds, the accomplishments of the Department of Industry and Trade appear all the more impressive.

Another factor which I believe has contributed greatly to the progress in our industrialization program and in virtually every facet of our economy has been the peace and harmony enjoyed by our State which, when compared to many of our sister states, strikes a stark contrast.
This Administration has been recognized for its efforts to bring together industry, labor, government, education and many other private

TUESDAY, JANUARY 13, 1970

47

interests into one cooperative unit, working together in harmony for the common good of all, and I am deeply grateful to all who have been willing to put aside personal interests to seek workable compromises which have resulted in a better day for all concerned.

I am especially grateful to our young people who have demon strated their maturity and responsibility by doing their best to devote the majority of their efforts to getting a good education and taking advantage of the opportunities being offered them by the taxpayers and other supporters of education.
Georgia is richly blessed with just plain outstanding young men and women who, because of their faith in God and love for our country and strong moral character, do more than all of us combined in making Georgia the peaceful, progressive and dynamic state that it is.
Don't you agree ?
Georgia is not the "nation's battleground", as some predicted.
Prom time to time, and even now, we have faced difficult moments, but reason has prevailed.
Peace has been preserved.
I thank God for this blessing, and I pray that we can continue dur ing the trying months ahead to have the cooperation and support of all Georgia citizens, black and white, rich and poor, powerful and weak, in our effort to reach solutions to our problems which are fair to all.
This is the only way.
We cannot afford to battle among ourselves. There are other battles to be fought: the battle against poverty, against hunger, against disease, against ignorance, against injustice, against inefficiency, against immorality, against crime, and, yes, even against boredom.
We have waged a tremendous battle against injustice in the State Board of Pardons and Paroles. For the first time in the history of that department, this Administration called for, and received, a total in vestigation, with the findings open to the press and to the public.
We are determined to clean up this vital operation and to bring a swift conclusion to the old days of secrecy and favoritism.
And we have done just that.
Penal reform, too, was something that had been talked about for decades, but very little had been done.

48

JOURNAL OF THE HOUSE,

So, I went to the prisons, myself, and I saw, first hand, what needed to be done and how these facilities had been neglected.

Our duty was clear.

We swept out the rats and roaches; we built visitation facilities for the inmates' families; we declared war on the firetraps and the health hazards; we put decent, nourishing food on the tables; we estab lished and enforced humane work and recreation standards and regula tions; we introduced new programs of education and vocational re habilitation.

When it was seen that these minimum standards for penal opera tions in Georgia would not be compromised, many camps found it im practical to remain open. During the first three years of the Maddox Administration, a total of twenty correctional facilities have ceased operation, which equals the exact number closed during the entire quarter of a century prior to our 36 months in office.

Rather than follow the old policy of discharging a man in rags with eight dollars and a kick, he now gets 25 dollars, transportation home, a new suit and a handshake.

We have established the first work-release program in the entire history of Georgia's penal system, another milestone which benefits the inmates, their families and the taxpayers.

You might not see our progress reflected in the news stories you read or hear, but the inmates and wardens and other prison personnel who have seen the changes come about during the past 36 months will tell you that we have had more real penal reform in Georgia in the past three years than was the case during the previous thirty to forty years.

Everywhere we look, we see evidence of Georgia on the go.

In virtually every area of our State, we can see progress being made in highway construction. This accelerated construction is not only providing more convenience and safety for motorists, but everywhere we put down a new yard of concrete, we add to the opportunities of that area.

Although all citizens cnanot take advantage of these opportunities, our Department of Family and Children Services has been doing a good job in helping those who cannot help themselves, but the increases in assistance to the blind, disabled, aged and the families with dependent children have not been sufficient to even keep ahead of the wolf of in flation.

Later this week, I will be asking you for additional protection for those of our citizens who are being left out in the cold.

TUESDAY, JANUARY 13, 1970

49'

As we all know, to have good government, we must have good government employees--people who are honest, skilled and dedicated.

It has been the policy of this Administration to protect the able career employees who are doing a good job, giving a day's labor for a day's pay, and this policy is paying off handsomely for every Geor gia taxpayer.

Under the Maddox Administration, personnel are recruited not on the basis of what they are, who they know or where they're from, but solely on the basis of their qualifications for the job available.

I have tried to operate state government just like you and others would operate your business.

In the area of mental health, our achievements are receiving na tionwide attention. With the opening of new facilities, along with other innovations in the treatment of mental disease, which permitted the reduction of terribly overcrowded Central State facilities, it is now possible for a person with mental difficulty to get intensive treatment which often puts him back into a productive life as a taxpayer and supporter of his family.

This kind of treatment is more expensive, of course, but we can not put a price tag on a person's life.

In the Department of Labor, a comprehensive manpower center has been established in Atlanta, the first of its kind in the United States. Its purpose is to provide one-stop service to both job seekers and em ployers.

To bring workers and jobs together quickly on a professional basis, a computerized job bank, the third such facility in the nation, has been established at the center and is now in full operation.

For the first time, a highly successful cooperative effort between the Corrections Board and Parole Board and the State Training and Employment Service, is bringing pre-release training, evaluation of in mates and jobs for them before or shortly after release.

Although sought for years without success, it was during this Administration, too, that the greatest advancements were made in bene fits for men and women of labor since the enactment of Workman's Compensation Laws.

Of course, virtually every adult in our State has had occasion to observe the new efficiency of the State Department of Revenue in handling the job of tax collection.

In spite of a greatly increased workload, the time required for an, individual to get his income tax refund has been drastically reduced.

50

JOURNAL OP THE HOUSE,

The Department of Agriculture has been modernized to better serve both the farmer and the consumer. Through more intensive programs of research, inspection and marketing, we have been able to not only help the farmer improve his lot and derive a fair profit from his in vestments, but we have also been able to provide the consumer--in cluding the city housewife--with a better product at the lowest possible
price.

And, my friends, we can all be proud of the job being done by the Department of Public Safety, even though we have not furnished this department with the number of men and cars needed to adequately patrol the highways.

Many previously unmarked cars are now identified properly as patrol cars when on Georgia's highways, and these are helping us to keep down tragedies on our roads in spite of the fact that Georgia led the nation last year in the percentage of increases in both motor ve hicle registrations and gasoline consumption.

With the help and cooperation of the Georgia General Assembly and the various State department heads, every State function has undergone some change for the better.

But there is one area of state government that I have not men tioned thus far; and not because it is the least important, but because it is the most important. I am talking about public education.

You will recall that when we were in the midst of a serious teacher shortage in 1966, professional educators, public officials, political candi dates, the news media and others predicted that this teacher shortage would become critical by the fall of 1967, and that education in Georgia
would be crippled.

I promised the people of Georgia that this would not happen.

And, with the help of you in the General Assembly, we were able to increase salaries for teachers and professors more in two years than in any previous four-year period, and more than any other southeastern state during that period, thus averting a potential crisis.

We have also been able to make advances in our area vocationaltechnical education program which make this system second to no other in the nation.

Not only do we have an outstanding system of area vocationaltechnical schools throughout the State, but we have made tremendous increases in the number of high schools offering vocational-technical programs.

We have expanded and improved our system of educational tele vision to make it equal to the finest in the entire southeast.

TUESDAY, JANUARY 13, 1970

51

Expansions have been made in the educational programs for ex ceptional children, for those in our retardation centers, in our mental institutions and in many of our penal operations.

Education provides the heartbeat of our economy, of our culture and of our civilization.

And, I know that you are proud of the great strides we have made in education and I believe you will agree with me that these advances in the various areas of education contribute more than any other single factor to the industrial revolution we are now enjoying in America.

But, at this very moment, the heartbeat of Georgia, public educa tion, is threatened--and with it the education, safety and liberty of our children throughout Georgia and America.

Public education in Georgia and elsewhere in America has fallen under the strong arm of a federal police state which demands that we surrender our children and grandchildren, their teachers and their schools and our communities, as outlined by the communist enemies of our children and America in their platform of 1928.

The communists have worked to implement this program for 42 years and have met with great success because presidents, governors, congressmen, Supreme Court justices, state legislators and others, either knowingly or unwittingly, have fully supported their demands.

At this moment, public education in Georgia and America faces a crisis of unprecedented magnitude.

Children, teachers and parents are having their God-given and con stitutionally granted liberty and freedom stolen from them by a national government that has gone mad and by governors, legislators, other elected public officials, top educators, and, yes, those who campaign for such offices who go along with the demands of cowards in our govern ment--the socialists and the communists who demand the enslavement of our children, their teachers and the takeover of public education.

All during the past fifteen years, I predicted that our national government would follow the communists' demands to place public education under a police state in America unless parents, educators and public officials united to protect our children, preserve local control of education and defend the United States Constitution.

I stated many times that the communist demands to close schools, bus students, transfer teachers and the resulting crime, immorality, chaos, disorder and down-grading of education and America would be our fate unless governors, legislators, congressmen, other elected of ficials and parents united and demanded that state and local govern ments and local systems of education be strengthened and preserved.

For having warned about what would take place, I have been laughed at, ridiculed, ostracized and labeled a lunatic, a demagogue, an

52

JOURNAL OF THE HOUSE,

extremist and a redneck. And, not in all the history of Georgia has one man been so lied about, treated so dishonestly, unfairly and with such prejudice, hate and bitterness by major local news media. They have used rumors, analyses and views in their news stories and editorials to try to destroy Lester Maddox, even if in doing so they hurt our
wonderful State.

And the only thing I have done to warrant the hatred of the press that causes them most of the time to spread news that would reflect unfavorably against Lester Maddox and pass by most that would reflect favorably, is to publicly and unashamedly profess my faith in God and love for my country, while taking a public stand for preservation of local control of education, the rights to private property and Ameri can private free enterprise.

Yes, mine was a lonely voice, but no more.

Georgians have now come face to face with the reality that every thing I said would happen, relative to education and our children, is upon us.

Our schools are being destroyed, our children are being treated as animals and our teachers are being forced into involuntary servitude in violation of the United States Constitution. And they finally realize that unless we return to local control of education, freedom of choice is restored and our courts turn back to the United States Constitution, America, itself, will shortly go down the drain as a free republic.

Who brought on these conditions? Presidents, governors, congress men, legislators, and other elected officials and candidates for those offices who just plain don't have the guts and patriotism and love for our children needed for them to be Americans first and politicians later.

Sure, we have provided the dollars, bricks and mortar, which were made available by the people. I am here to tell you that politicians have generally placed the greater emphasis on dollars, material values and self and one another.

And America has been forgotten.

Our children are being ignored.

And what is right and needed to preserve freedom and this great country has been sidetracked by too many public officials.

Even at this moment the voices are few and faint from our own state house. Elected public officials in and out of the Georgia General Assembly seem afraid to be counted for local control of education and for our children--black and white--their safety and welfare.

I thank God for private education and I am thankful that so many are so blessed with the ability to send their children to private schools

TUESDAY, JANUARY 13, 1970

53

thus protecting them from the intolerable conditions facing children ire many public schools. But, when public officials and candidates for pub
lic office think so little of public schools as to flee with their children to exclusive private schools and then urge less fortunate parents and their children to surrender to the "police state" over public education, it is the most sickening, most disgusting and the most reprhensible brand of hypocricy. Such politicians have no business being elected to, or serving in, any public office.

Any such man who demands for others and their children and' grandchildren what he would not tolerate for his own is a coward and a hypocrite of the first order.

We see students marching, trying to save their schools, their edu cation and their country, because of such hypocrites.

The fact that they are marching says that we, of our generation, have failed them.

We have provided the dollars and the bricks but not the guts, the patriotism, the courage and the leadership that we should have.

And providing the dollars, the bricks, the buildings, the highways and other material values will pale into insignificance if we fail our children in this present crisis.

I'm here to tell you, my fellow Georgians and my fellow public of ficials, that the people of this State, after seeing what is happening to their children, to their communities, to their schools and to their investments, are fed up.

They're sick and tired of seeing their liberty and their freedom go down the drain.

And they're disgusted with public officials, whoever they might be, who do not have the guts to speak up for their children, for their com munities, for the survival of public education and for their rights as citizens of what is supposed to be a free country.

The people care about what happens to their children.

They want them protected so that they can grow up to be free citizens who love their country. And the citizens want your help. They are demanding it. They deserve it.

The people who elected us to public office care about what happens to their schools. They care about what happens to their communities. They love their liberty and they want it defended and preserved--not surrendered by public officials.

54

JOURNAL OF THE HOUSE,

They care about what happens to their country and to its Constitu tion.

They care.

And they're fed up with public officials who don't care.

They have a right to be fed up. And I'm fed up, too.

It is time, my friends, for every elected official, every educator, every teacher, every State House official, and, yes, for the Georgia General Assembly to say to the boys and girls in our schools and to their parents: "We, too, love our children, their schools and their com munities, for they are our children, our schools and our communities."

We can tell them by sending a message to the President telling him to assume the position of leadership he said the President should in turning back federal control and the federal police state over education, rather than the position of leadership he now offers to those who strike down freedom of choice and local control of education.

And we must tell Georgia's boys and girls that we stand with them by calling upon the Congress to cease action on all legislative matters until "freedom of choice" is restored and the federal police state is re moved from public education.

I'm begging--I'm pleading with the members of this august body and with other State House officials to join in the effort by these children, by these teachers and by these parents, both black and white, to defend and protect their schools and their education.

For, without freedom of choice for both students and teachers, there can be no freedom for any American.

Let us go from these great halls today and tell these boys and girls that we will no longer charge them with the responsibility of up holding the United States Constitution and defending the rights of all Americans, but that we will finally assume the responsibility that we have so long neglected.
I know this is an election year, but this crisis demands that we cast aside all political considerations and all personal considerations and that we consider only our responsibilities to our people.
We must take our stand in such a way that not only our fellow Georgians, but people throughout the nation, will look and listen and be filled with hope, with encouragement and inspiration.
We must let them know that in Georgia, there has been a rebirth of commonsense government.
God help the members of this General Assembly to rise to this challenge.

TUESDAY, JANUARY 13, 1970

55

May God help our children if you don't.

Even though we are face to face with this most important of all issues--a threat to all we hold dear--things do look good in most other areas.

We have made progress; we have moved forward; we have kept the fire going. And, while I know that you are all proud of these ac complishments and improvements in government, as I am proud, I can not believe that you are satisfied.

I know that Lester Maddox is not satisfied.

I'm not satisfied, because I know that we could have done more, we should have done more, and now, we must do more.

With all the progress that we have already made, if we will now meet our responsibility to the Georgia people with courage, foresight and true statesmanship, this could be recorded as the greatest period of progress in Georgia's history.

We could do that for the people who elected us to the high offices we hold.

I know that this is an election year, and decisions come more slow ly when the weight of the electorate hangs heavy over our heads, but duty to the people demands that we put political considerations aside and base our decisions on one premise--what is best for the citizens of Georgia.

In my Budget Message on Thursday, I will outline to you a program which will test your courage, test your determination and test your statesmanship.

I believe you will pass the test by passing most of this program for progress. I realize the awesome responsibility which you have and I wish you well.

I want you to know that I will work with you in every way pos sible to better serve the people of Georgia.

To accomplish that end, I will strive to keep an open door, an out stretched hand and an open mind.

I am willing to give and take to get the job done.

As long as I am not required to compromise in my duty to my God, to the people of Georgia and to my family, I am willing to try new ways, re-examine old ways and seek a common ground. I ask and expect to more and no less of you.

-56

JOURNAL OF THE HOUSE,

Believing as I do that state government in Georgia belongs to all the people and does not belong just to Lester Maddox, nor any other individual, not just to Democrats, Republicans, Independents, whites or blacks, rich or poor, and not just to the young or the old . . .

And, believing that state government is dutybound to serve equally, and without fear or favor, small cities and counties, as well as large cities and counties, the Maddox Administration has been able to be fair with all of Georgia and with all Georgians.

This is so because no individual, no political party and no special interest group can come into the Governor's office and force demands upon me which I believe not to be in the best interests of all citizens.

I am free to make my own decisions.

I am free to be fair.

And, with God's help, we will continue to do what is right for all Georgians.

And, because the question is often raised as to what makes Lester Maddox tick, there is something else I want you to know.

Ladies and gentlemen of the General Assembly, not only am I a Christian and proud of it, as I know those of you of other faiths are proud of your religion, but I am also an American who loves his state and his country and who is proud to be a citizen of Georgia and of these United States.

My only regret is that I haven't done more to serve my God and my country.

I have never been the Christian, the citizen, the husband, the father nor the governor I want to be and ought to be.

But, just as I have in the past, and as I do now, I will keep praying to God that He give me wisdom, that He strengthen my faith, help me to follow His ways, and that He use me for His glory and forgive my sins.

And, I'll be praying that God do the same for my family and for you and your family.

To give you the basis of this faith, let me tell you something that happened just a few short years ago. Without any knowledge as to how I got there, I found myself in a hospital bed in what appeared to be a
very serious condition. The news from the doctor was not good. My family was saddened and disturbed, but it caused me no great alarm, because I was thankful for the many years we had had together, for it could have been only half as many years, or none at all.

TUESDAY, JANUARY 13, 1970

57

So I prayed, "Dear God, if You can use me better in death than in life, and if it be Your will that I die, then I am ready; but if Your will is that I live, that You can use me better in life than in death, and I leave this hospital bed again, then I will spend whatever additional life I am given doing my best for You and seeking Your way in my life."

And I prayed further, promising God that if I did leave that bed alive, I would also spend the rest of my life speaking loudly and stand ing strongly for liberty, America, constitutional government, the right to private property, private free enterprise and honesty and morality in life.

This is where I stand, and from this position I will not retreat.

I realize that some of the things which I say and do are not what you would ordinarily expect of a governor. But, you see, I place my faith in God and what I believe to be right ahead of politics and ahead of self.

And, I will be following this philosophy and this belief later this week when I outline my legislative program to you.

May God grant each of us the wisdom to give in when we are wrong and the courage to keep fighting when we are right.

Thank you.

Senator Holloway of the 12th moved that the Joint Session be now dissolved and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

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.

58

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 14, 1970.

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. Reece Turrentine, Pastor, First United Meth odist Church, Fort Valley, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1045. By Messrs. Shanahan of the 8th and Ross of the 26th: A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous criminal offenses, etc., so as to provide it shall be unlaw-

WEDNESDAY, JANUARY 14, 1970

59

ful for any person, firm or corporation to issue or deliver to any person an unsolicited credit card; and for other purposes.
Referred to the Committee on Industry.

HB 1046. By Messrs. Lane of the 101st, Williams of the llth, Jordan of the 55th and Hudson of the 48th:
A Bill to be entitled an Act to provide for pre-school vision examina tions and for the submission of reports in connection therewith; to pro vide for and prescribe the powers and duties of certain boards and officials in connection therewith; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1047. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.
Referred to the Committee on Insurance.

HB 1048. By Mr. Douglas of the 42nd: A Bill to be entitled an Act to be known as the Georgia Public Live stock Market Charter Act to define terms, words and phrases; to provide for the chartering of public livestock markets and procedures connected therewith; and for other purposes.
Referred to the Committee on Agriculture.
HB 1049. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; and for other purposes. Referred to the Committee on Special Judiciary.

HB 1050. By Messrs. Douglas of the 42nd and Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, etc.; to provide that any member of the system having 5 years service in the system may establish credit for service rendered as an employee of the State or any agency thereof; and for other purposes.
Referred to the Committee on Retirement.

60

JOURNAL OF THE HOUSE,

HB 1051. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend Code Section 67-1307, relatingto reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual pro visions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor as their interests may appear; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1052. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission of tortious act within this State, etc., using or possessing real property situated within this State, etc., as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1053. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that there shall be printed upon each ticket, required for admission into any musical entertainment event, certain warnings if it is anticipated that the sound level of such event might reach proportions which could be injurious to the health; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1054. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that credit investigation com panies must furnish certain information to certain agents of the persons they investigate; to provide for certain immunities from certain civil liabilities; and for other purposes.
Referred to the Committee on Industry.

HB 1055. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that any person employed as a teacher in any public school system or by any private school who shall wilfully fail to report to his principal, superior or appropriate law en forcement officer any knowledge relating to the control and regulation of manufacture, production, distribution and use of drugs shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Education.

WEDNESDAY, JANUARY 14, 1970

61

HB 1056. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 34-103, relating to definitions of the "Georgia Election Code" so as to reduce the per centage of the total vote necessary to qualify as a political party; and for other purposes.
Referred to the Committee on State of Republic.

HB 1057. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that it shall be unlawful for any official of the United States Government to force any student, regardless of race, creed or color, to attend a school not of such student's own choosing; and for other purposes.
Referred to the Committee on Education.

HB 1058. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to make it unlawful to bury nuclear waste in the State of Georgia without the unanimous approval of the Governor, the Director of the State Health Department, the Executive Secretary of the State Water Quality Control Board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1059. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to prohibit any person, firm or corporation from holding, conducting or staging any fair, rodeo or other activity involving cattle or livestock on grounds where any athletic event will take place within a 90-day period; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1060. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 26-2602, relating to the offense of inciting to riot, so as to redefine the offense of inciting to riot; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1061. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts of Georgia, etc., as to include provisions relative to delinquent payments; and for other purposes.
Referred to the Committee on Judiciary.

62

JOURNAL OF THE HOUSE,

HB 1062. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.
Referred to the Committee on Judiciary.

HB 1063. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not term inate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail has been set at a higher amount at the preliminary or commitment hearing; and for other pur poses.
Referred to the Committee on Judiciary.

HB 1064. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain con tracts in connection with the construction, alteration, repair or main tenance of a building structure, appurtenances and applicances which undertake to hold the promisee free from liability for his own negligence shall be void and uninforceable as against public policy; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1065. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act regulating driver training" schools and providing requirements for their licensing, the qualification and licensing of instructors at such schools, and their bonding and insurance, etc., so as to delete the requirement that driver training instructors shall complete driver education and safety courses in an accredited college or university; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1066. By Messrs, Hargrett of the 58th and Lee of the 61st:
A Bill to be entitled an Act to provide that upon the receipt from the Attorney General of the State of Georgia of documentation of sub stantial and tangible legal evidence that any corporate firm in the State of Georgia is directly or indirectly connected to organized syndicate

WEDNESDAY, JANUARY 14, 1970

63

type crime of intra or interstate proportions the Governor shall instruct the Attorney General to revoke the corporate charter; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1067. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be con sidered by parole authorities; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1068. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Schley County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1069. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Schley County, known as the fee system; to provide an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1070. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to prohibit any person from operating a motorboat with more than ten horsepower unless such person is in possession of a valid motor vehicle operator's license, or is at least twelve years old and is accompanied by a licensed driver; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1071. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other pur poses.
Referred to the Committee on Motor Vehicles.

64

JOURNAL OF THE HOUSE,

HB 1072. By Mr. Mauldin of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Court of Franklin County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 521-1072. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th, Black of the 45th and others:
A Resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; and for other purposes.
Referred to the Committee on Industry.

HR 522-1072. By Mr. Levitas of the 77th:
A Resolution repealing a resolution requesting Congress to call a con vention for the purpose of proposing an amendment to the Constitution of the U. S. relative to apportionment; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

HR 523-1072. By Messrs. Hudson and Dorminy of the 48th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing school district in the County of Ben Hill lying outside the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HR 524-1072. By Messrs. Hudson of the 48th, Douglas of the 42nd, Matthews of the 63rd, Reaves of the 71st and Wheeler of the 57th:
A Resolution requesting relief from the Farmers Home Administration of the U. S. Department of Agriculture; and for other purposes.
Referred to the Committee on Agriculture.

HR 525-1072. By Mr. Jordan of the 74th:
A Resolution authorizing and directing the Claims Advisory Board to accept and approve claims made by claimants insured with the State Farm Mutual Insurance Company, even though such claimants are unable to procure a signed waiver or subrogation rights from State Farm; and for other purposes.
Referred to the Committee on Insurance.

WEDNESDAY, JANUARY 14, 1970

65

HK 526-1072. By Mr. Collins of the 72nd:
A Resolution compensating Mr. Henry Weldon Mason; and for other purposes.
Referred to the Committee on Appropriations.

HR 527-1072. By Mr. Hargrett of the 58th: A Resolution relative to Altamaha River Basin; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1073. By Messrs. Edwards of the 45th, Dailey of the 53rd and Black of the 45th:
A Bill to be entitled an Act to repeal an Act providing for compulsory school attendance; and for other purposes.
Referred to the Committee on Education.

HB 1074. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act to create the office of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department, so as to recreate the office of Treasurer, State Highway Department; to provide for his appointment, qualifica tions and duties; and for other purposes.
Referred to the Committee on Highways.

HB 1075. By Messrs. Westlake, Davis and Floyd of the 75th:
A Bill to be entitled an Act to provide that each political subdivision of this State, having under its control and management public funds, shall employ an accounting system, based upon the accrual method of accounting which shall comply with the generally accepted accounting principles applicable to governmental units; and for other purposes.
Referred to the Committee on State of Republic.

HB 1076. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of public roads and highways in this State, so as to provide that motor buses of any urban transit system operating under juris diction of the Public Service Commission may not exceed a total outside width of 102", and that said buses may not be operated over a route of 50 miles or more and may not be operated on the National System of Interstate and Defense Highways; and for other purposes.
Referred to the Committee on Highways.

66

JOURNAL OF THE HOUSE,

HB 1077. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limitation any Superior Court Judge who had elected to have his widow receive certain benefits to which he would have been entitled may rescind said action and be reimbursed for any con tributions; and for other purposes.
Referred to the Committee on Retirement.

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others: A Bill to be entitled an Act to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; and for other purposes.
Referred to the Committee on Ways and Means.
HR 535-1078. By Mr. Vaughn of the 74th: A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.
Referred to the Committee on Highways.
HB 1079. By Mr. Funk of the 92nd: A Bill to be entitled an Act to provide for the reclamation of natural resources owned by public entities when the deterioration of such re sources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes; and for other purposes.
Referred to the Committee on State Institutions & Property.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1030. By Messrs. Carnes of the 104th and Cooper of the llth: A Bill to be entitled an Act to revise, classify, consolidate and supersede the present Juvenile Court Laws and to establish new laws relating thereto; and for other purposes.
HB 1031. By Mr. Carnes of the 104th: A Bill to be entitled an Act to provide that it shall be error for a criminal trial judge to fail to give a pertinent written request to charge submitted to him at the proper time; to nullify and void conflicting rules of court; and for other purposes.

WEDNESDAY, JANUARY 14, 1970

67

HB 1032. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to regulate the sale of admission tickets to athletic contests by providing- that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; and for other purposes.

HB 1033. By Mr. Carnes of the 104th: A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.
HB 1034. By Mr. Howell of the 60th: A Bill to be entitled an Act to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.
HB 1035. By Mr. Howell of the 60th: A Bill to be entitled an Act to repeal an Act entitled "An Act to amend the charter of the City of Blakely . . .", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; and for other purposes.
HB 1036. By Mr. Howell of the 60th: A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the require ments for separate and distinct accounts relating to revenues and dis bursements pertaining to the operation and maintenance of said city's public utilities; and for other purposes.
HB 1037. By Mr. Howell of the 60th: A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.
HB 1038. By Mr. Melton of the 32nd: A Bill to be entitled an Act to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

68

JOURNAL OF THE HOUSE,

HB 1039. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of each county in the State of Georgia to impose and collect an amuse ment tax on motion pictures, with a graduated rate assessed in accord ance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1040. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to impose a tax on obscene materials; to define terms; and for other purposes.

HB 1041. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional pro visions relative thereto; and for other purposes.

HB 1042. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; and for other purposes.

HE 516-1042. By Messrs. Clarke of the 33rd, Dodson of the 82nd, Melton and Brown of the 32nd:
A Resolution urging the Federal Aviation Administration and any other appropriate Federal agency and authorizing a committee of the House of Representatives of Georgia to investigate the circumstances surrounding the recommendation of Site "A", in the northern section of Fulton County, for the second airport, by certain commercial airlines; and for other purposes.

HR 517-1042. By Messrs. Melton and Brown of the 32nd:
A Resolution proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; and for other pur poses.

HR 518-1042. By Messrs. Melton and Brown of the 32nd:
A Resolution proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette

WEDNESDAY, JANUARY 14, 1970

69

County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County; and for other purposes.

HR 519-1042. By Mr. Parker of the 46th:
A Resolution proposing an amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded ware houses, regardless of ownership, from all ad valorem taxation; and for other purposes.

HB 1043. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Sec tion, shall apply; and for other purposes.

HB 1044. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 29-409, relating to the witnessing of deeds executed out of this State, so as to delete therefrom certain of the requirements relating to the attachment of the seal and certain certifications when out-of-state notaries have witnessed such documents; and for other purposes.

HR 520-1044. By Messrs. Crowe, Snow and Hale of the 1st: A Resolution compensating Mr. Charles J. Strain; and for other purposes.

Mr. Clarke of the 33rd District, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HR 517-1042. Do Pass. HR 518-1042. Do Pass.

Respectfully submitted, Clarke of the 33rd,

Chairman.

70

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House and Senate were withdrawn from the Committee on State of Republic and referred to the Commit tee on Retirement:

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A Bill to be entitled an Act to provide for the compensation and ex penses of the State Auditor; and for other purposes.

SB 69. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the "Em ployees Retirement System of Georgia", as amended, so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney shall as a matter of right be entitled to continue his membership in said system; and for other purposes.

Mr. Harris of the 77th arose to a point of personal privilege and addressed the House.
Mr. Busbee of the 61st arose to a point of personal privilege and addressed the House.

The hour of 10:45 o'clock having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing an address by the Honorable Herman E. Talmadge, United States Senator, was called to order by the President of the Senate.

The Secretary of the Senate read HR 515, previously adopted by the House and Senate, calling for the Joint Session.

Accompanied by the Committee of Escort, Governor Lester G. Maddox, Senator Herman E. Talmadge and other distinguished guests appeared upon the floor of the House.

The President of the Senate, Lieutenant Governor George T. Smith presented His Excellency, Governor Lester G. Maddox, who gave a brief introduction before presenting Senator Talmadge to the Joint Session.

The Honorable Herman E. Talmadge, Junior United States Senator from Georgia, delivered the following address to the Joint Session of the General Assembly:

WEDNESDAY, JANUARY 14, 1970

71

GOVERNOR MADDOX, LT. GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE GENERAL AS SEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN, MY FELLOW GEORGIANS:

It is always a distinct pleasure to be a guest of the Georgia General Assembly.

I feel at home in this chamber.

I feel on solid ground here among representatives of the people of the great State of Georgia.

This is a rewarding climax for my brief but highly enjoyable re turn to Georgia for the Congressional adjournment.

Having just returned from the tax war in the Senate and barely making it home in time for Christmas, I don't mind saying that I needed a rest.

The tax bill in its original form stepped on the sore toes of just about everyone. This was complicated by everyone's idea about how to achieve tax reform: raise the other fellow's, but lower mine.

The Tax Reform and Revision Bill was by far the most significant legislation passed last year. It completely rewrote about one-third of the entire Internal Revenue Code.

It required four months of day and night work. The conference committee, on which I served, met five consecutive days from early in the morning until late at night.

One session ran until past 3 a.m. Betty had no way of getting through to me by telephone, or I to her. By the time that I finally arrived home about 4 a.m. -- which is about the time that I usually get up -- Betty was pacing the floor, not knowing whether I had been robbed and killed, or abandoned her.

The new tax law will have two major salutory effects:

One, to levy a greater burden on those who have not been paying their fair share of taxes.

Two, to relieve the tax burden on people in the low and medium income brackets who have been paying more than their fair share.

Congress has been accused of dragging its feet on new legislation. I don't agree. I think Congress has correctly read the mood of the country. We have had too many far-reaching programs too fast. The people need time to digest them and to correct many of their weaknesses.

72

JOURNAL OF THE HOUSE,

A short time ago, there was a national magazine article about the growing unrest among the middle class society in America. One Wash ington liberal's answer to the problem was this, and I quote:

"We need more programs for the middle man."

By that I assume he meant federal programs. If that is what he had in mind, considering some of the programs the country has already been saddled with, I have to disagree again.

We don't need any more grandiose programs from the national level that lead people to believe that the government can do marvelous things for everyone overnight.

We have had too many already.

I can tell you what we do need. This is what I believe the middle man of America wants.

He wants to be left alone
-- to be able to live and work.
-- to educate his children as he sees fit. -- to enjoy the fruits of his labor, and not have it handed
around like plums.

And he wants everyone else to do the same.

This, to my mind, is what the so-called silent majority wants. I know it is what an overwhelming majority of Georgians desire.
Call them middle class or whatever. I have great faith in these people. They are the men and women who have helped put our State where it is today. I have been very close to the people of Georgia for more than a quarter of a century. I have great respect for their wishes and desires. I know firsthand of their determination.
Some of the happiest days of my political career were spent as Governor of Georgia. I am proud of what the General Assembly and I were able to accomplish during the Talmadge administration.
I am proud of the many programs we instituted -- especially in the field of education -- that have been carried forward to the present time.
I can say with humble appreciation to the General Assembly and the people of Georgia that a generation of Georgians are today bene ficiaries of these programs.
Many of you here today are well aware of conditions in Georgia in the late 1940's. State services and functions were either totally lack-

WEDNESDAY, JANUARY 14, 1970

73

ing or dismally insufficient. Economic progress -- for the State and most of its people -- was virtually nonexistent.

There was no mistaking the need. We all knew what had to be done.

It can be said, I believe, that Georgia at this time in its history began the turn toward more growth and prosperity for all of its people.

This State has not stopped growing and prospering since. New records in industrial development . . . personal income . . . educational improvements, in the common schools and at our colleges and universi ties, are being set each year.

One of the most encouraging signs is that the out-migration of the best and the youngest of our people has been reversed. We still have some. But Georgia today is attracting brainpower and economic power from all over the country. There is hardly a major business or industrial concern in the entire United States that does not now have an interest or operation in Georgia.

This, of course, means more jobs. It means higher wages. It means more and better schools.

In short, it means more health, happiness, and prosperity for every man, woman, and child of this State.
For all the work, for all the trials and tribulations, and for all of the accomplishments of the past two or three decades, we are yet con fronted with problems today that defy the imagination and stagger the treasuries of our states and nation.
I must admit that few if any of us fully foresaw some of the long range problems that were just starting to take shape in the years following World War II.
Most of the critical issues that we face today in our cities, counties, states, and at the national level were then still in their infancy.
-- urban problems.
-- welfare problems.
-- congestion and transportation.
-- health, housing, pollution.
All of these and many more pressures were just beginning to emerge.
Now they have become so intense that I do not believe anyone has an effective solution immediately at hand.
But I do know this. It will take all the combined resources of our federal, state, and local governments to find answers. No single agency will be able to do it alone.

74

JOURNAL OF THE HOUSE,

I am one who believes that we cannot allow social decline to con tinue at its present rate.

Every morning, we approach the newspaper with trepidation. Here we get a daily ration of news that literally turns the stomach.
-- racial conflict. -- civil disorders. -- crime and lawlessness. -- poverty. -- foul pollution of the air and water.

These and other forms of unhappiness unfortunately have become characteristic of our society today.

We may as well face up to the unpleasant truth. We liave had several decades of growth that was not very planned and progress that sometimes seemed chaotic.

It will test the best in all of us in order to straighten things out. Yet somehow it must be done. We cannot afford to fail.

Twenty or 30 years ago "people" problems were primarily regarded as local problems.

There were only a little more than 125 million people then. Local and state government appeared adequate to deal with their concerns and problems.

More important, most of these 125 million people stayed put in those days.

Problems caused by population mobility, particularly the great move to the cities, had hardly begun to take root.

Once the great movement got underway in full force, it brought pressures and crises that today shake this nation to its very core.

This is especially true in urban areas--not just in heavily populated East, Midwest, and Far West, but right here in Georgia as well.

One hundred eighty million Americans today live better than any other people in all human history. We have more jobs at higher wages. Profits climb higher and higher. We have had more than 90 consecutive months of national economic growth. Our people have more opportunity for quality education, more leisure time, better health, fine homes and abundant food, more cars and more TV sets, and more of just about everything.
Yet, the other 20 million Americans despair in poverty.

WEDNESDAY, JANUARY 14, 1970

75

The ills of our nation are often discussed in terms of the urban problem. A Presidential Commission wrote a book about the rural problem.

What we are experiencing are the results of a long-time combina tion of both problems.

Some people take the view that urbanization is necessarily going1 to continue. They say that industrial complexes naturally attract people out of rural areas, and people like to live in cities.

They even contend ihs.i movement out of many rural areas to the city -- even to a slum area -- brings better welfare, better schools, and better everything compared to the situation before.

I don't buy that at all. Anyone who does has not been very much aware of what has been going on in most of our large urban centers like Chicago, Detroit, Cleveland, Philadelphia, Los Angeles and more than 100 other cities throughout the nation, the South included.

It is also noteworthy that reliable national polls indicate that a large majority of the people prefer to live in rural, small-town atmos pheres.

In any event, I find it very difficult to defend migration to the cities on grounds that it offers people something better than they had.

What millions upon millions of people have done over the years is swap rural poverty for urban poverty. They came from small town deprivation to ghetto hopelessness.
There is nothing wrong per se with mobility in pursuit of employ ment.
-- provided the movement of people is to places where the jobs are.
-- provided the people are able to fill the jobs when they get there.
This has not been the case.
An overwhelming majority of the people who abandon farm work and the country to go to the city are ill-equipped for a job.
They often cannot get any kind of work at all. And when they are able to find something, it is unsatisfactory. And it is temporary.
The end result is ghetto confinement. Frustrations increase. They blow up, as they have done in city after city all across America,
I submit that virtually every aspect of the urban crisis -- poverty and welfare, unemployment, crime, housing and health -- can be traced to the migration from rural America.

76

JOURNAL OF THE HOUSE,

Both the cities and the people lack the wherewithal to do much more than just exist from one crisis to the next.

The people are unable to cope with the cities. Cities are unable to cope with the people. The people came ill-prepared. The cities were ill-prepared to receive them.

Call it lack of planning, faulty foresight or what you will. This nonetheless, in abbreviated fashion, just about sums up the problem.

It has been a double-edged sword.

The out-migration has taken away the best from the rural areas, thereby draining them of brain power and resourcefulness.

Rural areas also have sent the worst to the cities, the uneducated, the untrained, the future welfare cases.

I do not mean to disparage cities. We cannot build a fence around them to keep people out, and do not want to.

But I do believe in the great importance of future planning and action to curb as much as possible any further over-crowding.

I do think we can and must avoid perpetuation and compounding of already critical social and economic problems.

We can mount more comprehensive welfare programs.

We can take more stringent and expensive measures for the sup pression of crime and civil disorder.

We can increase and proliferate the vast array of housing and public health programs.

In fact, we are doing all that now, at great cost to federal, state and local governments.

This is remedial action. It is treatment to ease the suffering from an illness that began a generation or more ago.

But this is only applying salve to the sore. The time is long over due for the federal government, for the states, for every local authority to ask:

How much longer do we intend to go on this way?

How much more money are we going to spend, how many more programs are we going to install, for the alleviation of symptoms, be fore we start doing more about basic causes?

WEDNESDAY, JANUARY 14, 1970

77

Our economic way of life and the free enterprise system means the right to contribute to, and share in, the nation's growth.

That is basic. The hitch is that far too many of our citizens, urban and rural, for a variety of reasons, have not had and do not now have an opportunity to share in the rewards of this system.

I am talking about jobs. I mean the opportunity for everyone, whether he lives in the small town or the big city, to grow and advance.

I mean for a man to be given more of an opportunity to earn for himself enough money to care for his family and educate his children.

This is going to come from increased industrial development. It will result from more education and more job training. Georgia already ex cels in these areas, especially in its network of excellent schools and splendid vocational-technical training centers all across the State. But we are nowhere near the goals we seek.

We won't be there until every single citizen of the State of Geor gia, be he white or black, man or woman, has an adequate oppor tunity to become the object of self-support rather than an object of welfare.

Our economy has demonstrated a phenomenal ability to create more jobs for more people. These opportunities will continue to increase.

But are we doing all that we can to make them available to people who need them the most? Are we putting job opportunities in places where they are most needed?
That is the challenge.
When we have met it, then we will have come a long way toward solving what we now refer to as the urban crisis and the rural problem.
Most of you have heard me say this before. It bears repeating today. What benefits urban Georgia benefits rural Georgia, and vice versa.
It is true of Georgia as it is of our nation: we either pull together and grow together as a single unit striving to attain a common goal for the good of all, or we run the risk of ultimately falling apart in bits and pieces.

Senator Holloway of the 12th moved that the Joint Session be now dissolved and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

78

JOURNAL OF THE HOUSE,

The Speaker announced the House would be in recess until 12:45 o'clock, P.M.

AFTERNOON SESSION
The Speaker called the House to order.
HR 514-1028. By Messrs. Smith of 43rd, Hale of the 1st, Busbee of the 61st,, McCracken of the 36th, Harris of 77th, and Dodson of the 82nd: A RESOLUTION
Proposing a new Constitution for the State of Georgia to be pre sented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. If ratified by the people at the general election in 1970, the following shall be the Constitution of the State of Georgia r.

CONSTITUTION OF THE
STATE OF GEORGIA PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen,, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God,, do ordain and establish this Constitution.
ARTICLE 1
BILL OF RIGHTS
SECTION 1
Paragraph 1. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers, are the trustees and servants of the people, and at all times, amenable to them.
Paragraph 2. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.

WEDNESDAY, JANUARY 14, 1970

79

Paragraph 3. Life, Liberty, and Property. No person shall be de prived of life, liberty, or property, except by due process of law.

Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.

Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and bene fit of counsel; shall be furnished, on demand, with a copy of the ac cusation and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.

Paragraph 6. Crimination of Self Not Compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.

Paragraph 7. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, shall be allowed as a punishment for crime.

Paragraph 8. Jeopardy of Life or Liberty More than Once For bidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his or her own motion for a new trial after conviction, or in case of mistrial.

Paragraph 9. Bail; Pines; Punishment; Arrest; Abuse of Prison ers. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

Paragraph 10. Costs in Criminal Cases. No person shall be com pelled to pay costs or suffer any lien against his property therefor, ex cept after conviction and final adjudication on appeal, if any.

Paragraph 11. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.

Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices incon sistent with public peace and safety.

Paragraph 13. Appropriations to Churches, Sects, etc., Forbidden. No money shall ever be taken from the public Treasury directly or in-

80

JOURNAL OF THE HOUSE,

directly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.

Paragraph 14. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

Paragraph 15. Searches, Seizures, Interceptions, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communication by any means, shall not be violated, and no warrant shall issue except upon probable cause, supported by oath or affirmation, particularly de scribing the place or places to be searched, the persons or things to be seized, or the communication to be intercepted.

Paragraph 16. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph 17. Status of the Citizen. The social status of the citi zen shall never be the subject of legislation.

Paragraph 18. Civil Authority Superior to Military. The civil au thority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law.

Paragraph 19. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

Paragraph 20. Imprisonment for Debt. There shall be no imprison ment for debt.

Paragraph 21. Arms, Right to Keep and Bear. The right of the poeple to keep and bear arms shall not be infringed, but the General Assembly shall have the power to prescribe the manner in which arms
may be borne.

Paragraph 22. Legislative, Judicial, and Executive Powers, Separ ate. The legislative, judicial, and executive powers shall forever re main separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as herein provided.

Paragraph 23. Right to Assemble and Petition. The people shall have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.

WEDNESDAY, JANUARY 14, 1970

81

Paragraph 24. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws, as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship.

Paragraph 25. Attainder; Ex Post Facto and Retroactive Laws,, Infringement of Contracts, Special Privileges. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of con tracts, or making irrevocable grant of special privileges or immuni ties, shall be passed.

Paragraph 26. Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1,600.00 and shall have au thority to define a homestead and those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide themanner of exempting such property, the sale, alienation, and encum brance thereof; and to provide for the waiver of said exemptions by the debtor.

SECTION 2
Paragraph 1. State Rights. The people of this State have the in herent, sole, and exclusive right of regulating their internal govern ment, and the police thereof, and of altering and abolishing their Con stitution whenever it may be necessary to their safety and happiness.
Paragraph 2. Powers of Government. The enumeration in this Constitution of specified powers and functions shall be construed neither as a grant of nor as a limitation on the powers of State government, but the State government shall have all of the powers not denied by this Constitution or by or under the Constitution of the United States.,

SECTION 3
ELECTIONS
Paragraph 1. Elections by Ballot; Elector Defined. In all elections by the people, the electors shall vote by secret ballot. Every citizen of this State at least 18 years of age and a resident of this State pos sessing the qualifications provided by law and authorized under this Section, and not laboring under any of the disqualifications or disabili ties provided by law under this Section, shall be an elector and entitled to register and vote at any election or nomination of candidates, but the General Assembly may by law establish; (1) minimum periods of residence not in excess of one year; (2) reasonable requirements of literacy and education; (3) disqualifications for voting for mental incompetency or conviction of crime.

82

JOURNAL OF THE HOUSE,

Paragraph 2. General Assembly to Prescribe for Exercise of Elec tive Franchise. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residence for voting purposes, insure secrecy in voting, define residence for vot ing purposes, provide for the manner and place of voting, and provide for the administration of elections and the nomination of candidates.

Paragraph 3. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, theft, and breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

Paragraph 4. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday in November.

Paragraph 5. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election in the manner as provided by general law.

Paragraph 6. Disqualification of Persons to Hold Office. The Gen eral Assembly may provide that no person who has been convicted of a crime, who is mentally incompetent, or who is the holder of public money illegally shall be eligible to hold any office or appointment of honor or trust in this State.

SECTION 4
EMINENT DOMAIN
Paragraph 1. Eminent Domain. The evercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. The power of eminent domain having been granted to counties, municipal corporations, and school districts under Article 7, Section 3, Paragraph 6, the General Assembly is hereby authorized to grant the power of eminent domain to any other political subdivision, public corporation, or public utility, to be exercised only for public purposes.
Paragraph 2. Private Ways; Just Compensation. In case of ne cessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid, except that when private property is taken or dam aged for public road and street purposes by the State, the counties, and the municipal corporations of the State, just and adequate compensa tion therefor need not be paid until the same has been finally fixed and

WEDNESDAY, JANUARY 14, 1970

83

determined as provided by law, but such just and adequate compensa tion shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected.

SECTION 5
WIFE'S SEPARATE ESTATE
Paragraph 1. Wife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property in herited by her, and all property acquired by her shall remain her separate property and shall not be liable for the debts of her husband.
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 1
Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Each House shall de termine its rules of procedure.
SECTION 2
Paragraph 1. Composition of General Assembly.
(a) Senate. The Senate shall consist of no less than 50 and no more than 60 Senators, as determined by the General Assembly, and one Senator shall be elected from each district.
(b) House of Representatives. The House of Representatives shall consist of no less than 150 and no more than 195 members elected from districts as determined by the General Assembly, except that no more than four Representatives may be elected from any one district.
Paragraph 2. Apportionment of General Assembly. The appor tionment of the Senate and of the House of Representatives shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. No reapportionment pursuant to this Section shall affect any then incumbent member of either House and such members may continue to serve during the remainder of the term for which they were elected.

S4

JOURNAL OF THE HOUSE,

Paragraph 3. Qualifications of Members of General Assembly. At the time of their election, the members of the General Assembly shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this State for at least two years, and shall have been residents of the territory embraced within the district from which elected for at least one year.

Paragraph 4. Eligibility. No person on active duty with any branch of the Armed Forces of the United States, and no person holding any civil appointment or office having any emolument or com pensation annexed thereto, under the United States, this State or any other State, except members of the National Guard or Reserve Armed
Forces, shall have a seat in either House. No Senator or Representa tive shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term.

Paragraph 5. Election and Terms of Members. Members of the Senate and House of Representatives shall be elected by the electors of their respective districts. At the next general election following the effective date of this Constitution, Senators from the odd-numbered dis tricts shall be elected for terms of two years and Senators from the even-numbered districts shall be elected for terms of four years. There after, all Senators shall be elected for terms of four years. At the next general election following the effective date of this Constitution, not less than two-fifths and not more than three-fifths of the members of the House of Representatives shall be elected for terms of two years and the remainder shall be elected or terms of four years. Thereafter, all Representatives shall be elected for terms of four years. The General Assembly shall provide by law the procedure for determining which Representatives are elected for two years and which for four years at such next general election.
Paragraph 6. Oath of Members. Each Senator and Representa tive, before taking his seat, shall take the following oath, or affirma tion, to wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come be fore me, I will so conduct myself, as will, in my judgment, be most conducive to the interest and prosperity of this State."
Paragraph 7. Vacancies. When a vacancy occurs in the General Assembly it shall be filled as provided by law. The seat of a member of either House shall be vacant upon the removal of his legal residence from the district from which he was elected.
Paragraph 8. Compensation of Members. The members of the General Assembly shall receive an annual salary and such allowances as may be prescribed by law, but any increase or decrease in the amount of such salary shall not apply to the General Assembly which -enacted the same.

WEDNESDAY, JANUARY 14, 1970

85-

SECTION 3

Paragraph 1. Meeting, Time Limit, and Adjournment. The Gen eral Assembly shall meet in regular session annually on the first Mon day in February of each year and no such session shall extend beyond the last day of May. Each regular annual session shall be a separate session and all bills and resolutions pending in the Senate and House of Representatives at the adjournment of any such session shall not be carried forward to any later session. The General Assembly shall provide by law for the length of regular sessions and whether they shall
be conducted on the basis of calendar days, legislative days, or a com bination thereof. Such law shall also provide the procedure relative toadjournments of the General Assembly and each House thereof. Such law and any amendment thereto shall not become effective until the next regular session following the session at which such law or amendment is enacted. Such law and any amendment thereto shall not be subject to veto by the Governor. The provisions of the 1945 Constitution, as amended, relative to the above shall remain in effect until the session at which the aforesaid law becomes effective.

Paragraph 2. Organization and Procedure.

(a) The Senate and the House of Representatives shall each or ganize in the odd-numbered years and shall be deemed a different Gen eral Assembly for each two-year period.

(b) Election, Returns, Etc.; Disorderly Conduct. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or mis conduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the House to which he belongs.

(c) President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate.

(d) Speaker of the House of Representatives. The presiding of ficer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected viva voce from the membership of the House of Representatives by a majority of its mem bership.

(e) Officers, Employees, and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two Houses shall be a President: Pro Tempore and a Secretary of the Senate and Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempore of the Senate and Speaker Pro Tempore of the House of Representatives, shall be elected viva voce from the membership of their respective Houses and such officers and the Secretary and Clerk shall be elected' by a majority of the membership of the respective House in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation, or disability of the President, or in the event of the succession of the President to the executive power..

86

JOURNAL OP THE HOUSE,

The Speaker Pro Tempore shall act as Speaker in case of the death, resignation, or disability of the Speaker, or in the event of the succession of the Speaker to the executive power. Each House is hereby authorized to provide for its own assistants and employees and fix the compensa tion therefor. Interim committees may be created by or pursuant to authority of the General Assembly or either House.

Paragraph 3. Quorum. A majority of each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members, as each House may provide.
Paragraph 4. Contempts, How Punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly be havior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
Paragraph 5. Privilege of Members. The members of both Houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning there from, except for felony. No member shall be liable to answer in any other place for anything spoken in either House or in any committee of either House.

SECTION 4
IMPEACHMENT
Paragraph 1. Power to Impeach, Trial of Impeachments. The House of Representatives shall have the sole power to vote impeach ment charges against any person who shall have been or may be in office, and the Senate shall have the sole power to try impeachments. The General Assembly is hereby authorized to provide by law for the procedure for voting impeachment charges and trying impeachments. No person shall be convicted without the concurrence of two-thirds of the membership of the Senate. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed.
Paragraph 2. Judgments in Impeachment. In cases of impeach ment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State or to receive a pension therefrom, but no such judgment shall relieve any party from any criminal or civil liability.

SECTION 5
PASSAGE OF BILLS AND EXERCISE OP POWERS
Paragraph 1. One Subject Matter Expressed. No law shall pass which refers to more than ~ne subject matter or contains matter dif ferent from what is expressed in the title thereof.

WEDNESDAY, JANUARY 14, 1970

87

Paragraph 2. Statutes and Sections of Code, How Amended. No law, or section of the Code, shall be amended or repealed by mere reference to its title or to the number of the section of the Code, but the amending or repealing Act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.

Paragraph 3. General Laws, Uniform Operation, Limitation on Local Laws. Laws of a general nature shall have uniform operation throughout the State, and, except as otherwise provided in this Con stitution, no local or special law may be enacted in any case for which provision has been made by general law.

Paragraph 4. Advertisement of Notice to Introduce Local Legisla tion. The General Assembly shall provide by law for the advertisement of notice of intention to introduce local or special bills.

Paragraph 5. Bills to be Read. The title of every bill and every resolution intended to have the effect of law shall be read three times and on three separate days in each House before such bill or resolu tion shall be voted upon, but the third reading of general bills and
resolutions shall be in their entirety. At the desire of a majority of a quorum, the third reading of any general bill or resolution shall be by title only.

Paragraph 6. When Roll Call Vote Taken. At the desire of onefifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal. Whenever the Constitution requires a vote of two-thirds of either or both Houses for the passage of a bill or resolution, the yeas and nays on the passage or rejection thereof shall be entered on the journal.

Paragraph 7. Journals and Acts. Each House shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journalsshall be the official records of the proceedings of each House.

Paragraph 8. Majority of Members to Pass Bill. No bill shall be come law unless it shall receive a majority of the votes of all the mem bers elected to each House of the General Assembly, and such vote shall so appear on the journal of each House.

Paragraph 9. Acts Signed. All Acts shall be signed by the Presi dent of the Senate and the Speaker of the House of Representatives.

Paragraph 10. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either House shall not be again proposed in the same or similar form during the same regular or extraordinary session at which it was rejected without the concurrence of two-thirds of the membership of the House by which the same was rejected.

S8

JOURNAL OF THE HOUSE,

Paragraph 11. Approval, Veto, Override of Veto, and Effective Date of Bills and Resolutions.

(a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within 15 days from the date of passage unless the General Assembly adjourns sine die prior to the expiration of said 15 days. Each resolution or bill shall be transmitted to the Governor no later than the third day after its passage by he General Assembly.

(b) In the case of such adjournment sine die prior to the expira tion of said 15 days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Governor within 30 days from the date of such adjournment.

(c) The Governor shall have the duty to transmit any bill or resolution vetoed by him, together with his reasons for such veto, to the presiding officer of the House wherein it originated within two days, excluding Saturdays and Sundays, from the date of veto if the General Assembly is in session and within thirty-five days from the date of ad journment sine die of the General Assembly if adjourned prior to the expiration of said two days.

(d) Upon motion adopted by such House after receipt of such vetoed bill or resolution before adjournment, such bill or resolution shall be immediately considered for the purpose of overriding the veto. The
General Assembly may reconvene on the first Monday following the thirty-fifth day after adjournment sine die upon the joint call of the President of the Senate and the Speaker of the House of Representa tives for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die. If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die, such vetoed bills and resolutions shall be considered within the first ten days of the following session of the General Assembly upon a motion being adopted by the House in which the vetoed bill or resolution originated, and such bill or resolution shall be considered immediately for the purpose of overriding the veto.

(e) If two-thirds of the members elected to such House vote to over ride the veto of the Governor on any bill or resolution, the same shall be immediately transmitted to the other House wherein such bill or resolution shall be immediately considered for the purpose of overriding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other House, such bill or resolution shall be come law. If either House shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.

(f) The Governor may approve any appropriation and veto any other appropriation in the same bill and any appropriation vetoed shall

WEDNESDAY, JANUARY 14, 1970

89

not become law unless such veto is overridden in the manner herein provided.

(g) The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.

(h) The General Assembly shall provide by law for the determina tion of the effective date of any bill or resolution approved by the Governor or becoming law without his approval.

SECTION 6
REVENUE BILLS AND APPROPRIATIONS
Paragraph 1. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.
Paragraph 2. Preparation, Submission, and Enactment of General Appropriations Bill.
(a) The Governor shall submit to the General Assembly within five days after its convening in regular session of each year a budget message and a budget report accompanied by a draft of a General Ap propriations Bill, in such form and manner as may be prescribed by law, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year.
(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth day of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.
Paragraph 3. General Appropriations Act.
(a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in the aggregate, exceed a sum equal to the

90

JOURNAL OF THE HOUSE,

amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing
revenue sources anticipated to be collected in the fiscal year, less re funds as estimated in the Budget Report and amendments thereto.

(c) All appropriated funds, except for the mandatory appropria tions required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropria tions Act, shall lapse.

(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.

(e) The General Appropriations Act shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the executive, legislative, and judicial departments of the government, pay ment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State.

Paragraph 4. Appropriations to be for Specific Sums.

(a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.

(b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately pre ceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year be ginning July 1 of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropri ated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropria tions Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General As sembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions im posed on the expenditure of appropriations by provisions of the Consti tution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the pro ceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea, or air, or in case of a major catastrophe, so proclaimed by the Governor, said

WEDNESDAY, JANUARY 14, 1970

91

funds may be utilized for defense or relief purposes on the Executive Order of the Governor.

Paragraph 5. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.

SECTION 7
Paragraph 1. Incorporation, How Granted. The General Assembly shall have no power to grant incorporation to private companies or private associations, but it shall prescribe by law the manner in which such companies or associations may obtain incorporation, provided that all corporate powers and privileges to banking, trust, insurance, rail road, canal, navigation, express, telegraph, and telephone companies shall be issued and granted by the Secretary of State in such manner as is now or shall be prescribed by the General Assembly. Nothing in this section shall impair the validity of any incorporation statutes en acted in accordance with any prior Constitution of this State or impair the existence of any corporation formed pursuant to any such statutes.
Paragraph 2. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.
Paragraph 3. Salaries of Elected Officials. The General Assembly may provide for the compensation of all elective officers provided for in this Constitution and change the same, but no change diminishing the amount of such compensation shall become effective before the end of the term of office which the affected official is serving when such change is made.
Paragraph 4. Terms of Elected Officials. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question.
Paragraph 5. Public Utilities, Tariffs and Charges, Rebates.
(a) The power and authority of regulating railroad freight and passenger tariffs and charges of public utilities for their services, of preventing unjust discriminations, and of requiring reasonable and just rates for freight and passenger tariffs and of charges of public utilities, is hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix

92

JOURNAL OP THE HOUSE,

charges of such public utilities as are or may be owned or operated by any county or municipal corporation of this State, except as provided in this Constitution.

(b) Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or re ceived for freight or passage or services furnished. Any such pay ments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

Paragraph 6. Charters Revised or Amended Subject to Constitu tion. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said cor poration, except upon the condition that such corporation shall there after hold its charter subject to the provisions of this Constitution, and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution.

Paragraph 7. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the pro visions of this paragraph by appropriate legislation.
Paragraph 8. Regulation of Insurance Companies. The General Assembly shall provide by law for the regulation of foreign and do mestic insurance companies doing business in this State.

Paragraph 9. Milk and Dairy Products, Including Substitutes and Imitations. Due to the nature of the products and in order to protect the public, said products being affected with a public interest, the Gen eral Assembly is hereby authorized to provide by law for such control and regulation as it deems advisable over milk and dairy products, including substitutes and limitations, and delegate such of its powers in connection therewith as it deems advisable.

Paragraph 10. Agricultural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of any one or all of the agricul tural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including pro visions for quality or product control or both may be instituted, con tinued, or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities, and commissions to

WEDNESDAY, JANUARY 14, 1970

93

administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower, or repeal assessments, fees, or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum and may authorize the acceptance of gifts and donations, and may pro vide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Depart ment of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected
products.

SECTION 8 EMERGENCY POWERS OF THE GENERAL ASSEMBLY

Paragraph 1. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:
(a) To provide for prompt and temporary succession to the powers and duties of persons holding office in the executive, judicial, and legislative branches of State and local government, whether filled ty election or appointment, and the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency; and
(b) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.
ARTICLE 3
JUDICIAL BRANCH
SECTION 1
COURTS
Paragraph 1. Courts Enumerated. The judicial power of the State shall be vested exclusively in a unified judicial system which shall consist of one Supreme Court, one Court of Appeals, Superior Courts, and Courts of Ordinary, together with other existing Courts until such other existing Courts are abolished as provided in Paragraph 2 hereof. However, the General Assembly may provide for Courts having juris diction to commit for State offenses and to try violations of municipal ordinances only.

Paragraph 2. Abolition of Existing Courts and Reorganization of Superior Courts and Courts of Ordinary. Other existing Courts,

94

JOURNAL OF THE HOUSE,

mentioned in Paragraph 1 hereof, shall be continued in existence until abolished by the General Assembly. The General Assembly may abolish any such other existing Court, and when so abolished, its jurisdiction and powers shall vest in an existing Court or in the Superior Court of the circuit wherein it was located, as may be provided by law. The General Assembly may, as need arises, provide for one or more As sociate Judges of any Superior Court or Court of Ordinary. The Chief Judge of the respective Superior Courts or the Judge of the Courts of Ordinary shall exercise supervision over all such Associate Judges in their respective Courts and may by order establish divisions of their respective Courts, assign Associate Judges to preside in one or more of the divisions and provide for the orderly and efficient disposition of the Court's business through the divisions. The qualifications of Associate Judges of the Superior Court and Courts of Ordinary, the manner of selection, retirement, removal, and term of office shall be the same as prescribed for Judges of such respective Courts. The compensation shall be that prescribed by general law, but such provisions as to compen sation may be made without regard to uniformity.

SECTION 2

THE SUPREME COURT

Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven Justices who shall, from time to time as they deem proper, elect one of their members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum.

Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. Except as herein provided, the Supreme Court shall have no original jurisdiction, but shall be a Court for the trial and correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grand supersedeas at any time after the notice of appeal is filled in the trial court. The Supreme Court shall have original and exclusive jurisdiction upon petition of at least three of the elected executive officers named in this Constitution to determine the disability of the Governor or other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said mat ter for the purpose of determining the cessation of disability.

(b) Appellate Jurisdiction. The Supreme Court shall have ex clusive jurisdiction of appeals from the Superior Courts and such other Courts as were heretofore authorized by law in cases that involve the construction of the Constitution of the State of Georgia, or of the United States, or of treaties between the United States and foreign gov ernments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the

WEDNESDAY, JANUARY 14, 1970

95

construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; and in all questions certified to it by the Court of Appeals for its determination. The Supreme Court shall have power to require any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The decisions of the Supreme Court shall bind all other Courts of this State as precedent.

Paragraph 3. Practice of Law. The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar, standards of professional conduct, and the discipline of members of the bar.

SECTION 3
THE COURT OF APPEALS
Paragraph 1. Judges of the Court of Appeals. The Court of Ap peals shall consist of such number of Judges as may now or hereafter be provided by law. The Court may from time to time elect one of its members as Chief Judge and such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of prac tice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court.
Paragraph 2. Jurisdiction.
(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but it shall have power to issue all writs neces sary or appropriate in aid of its appellate jurisdiction and in the per formance of its duties, including the power to grant supersedeas at any time after the notice of appeal is filed in the trial Court.
(b) Appellate Jurisdiction. The Court of Appeals, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, shall have jurisdiction of appeals from the Superior Courts and other existing Courts, as may be provided by law.
(c) Certifications to Supreme Court for Determination. The Court of Appeals may certify a question or questions to the Supreme Court for answer or determination and shall do so in the event of an equal division between the Judges of the Court of Appeals.

SECTION 4 SUPERIOR COURTS
Paragraph 1. Composition. There shall be such number of judicial circuits with such number of Superior Court Judges therein as may be prescribed by the General Assembly from time to time.

96

JOURNAL OF THE HOUSE,

Paragraph 2. Tenure, Election, and Terms of Judges of the Su perior Courts.

(a) Tenure. Judges of the Superior Court shall hold office for a term of four years and until their successors are elected and quali
fied.

(b) Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms.

(c) Terms. The terms of the Judges, except in the case of ap pointment to fill a vacancy, shall begin on the first day of January after their elections

Paragraph 3. Exclusive Jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases.

Paragraph 4. General Jurisdiction. The Superior Courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by this Constitution or by law. The Superior Courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. The Judges of said Courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.

SECTION 5 COURT OF ORDINARY

Paragraph 1. Courts of Ordinary. There shall be a Court of Ordi nary in each county, the power of which shall be vested in a Judge of the Court of Ordinary whose qualifications shall be prescribed by law. The Ordinaries of the several counties shall serve as the Judges of the respective Courts of Ordinary until the general election following the effective date of this Constitution.

Paragraph 2. Jurisdiction. The Courts of Ordinary shall have jurisdiction of probate matters, and such other jurisdiction and powers as may be conferred upon them by law.

Paragraph 3. Term of Office. The Judge of the Court of Ordinary shall hold office for the term of four years and until his successor is elected and qualified.

WEDNESDAY, JANUARY 14, 1970

97

Paragraph 4. Duties and Responsibilities. The Judges of the several Courts of Ordinary shall perform all the duties and responsibili ties of the Ordinaries of the respective counties as may be provided by law at the time of the effective date of this Constitution until otherwise
provided by law. Said Judges of the several Courts of Ordinary may delegate all duties and responsibilities of the Ordinary as so provided by law, except such matters as may be specifically provided for the several Courts of Ordinary, to a clerk of the Court of Ordinary by proper order entered upon the minutes of said Court.

SECTION 6
QUALIFICATIONS OF JUSTICES AND JUDGES
Paragraph 1. Age, Citizenship, Practice of Law. No person shall be a Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which he was elected or appointed he shall have attained the age of thirty years, shall have been a citizen of and practiced law in the State of Georgia for ten years and shall be a member in good standing of the State Bar of Georgia, and any Judge of the Superior Court shall have been a resident of the territory com prising the circuit in which he is elected or appointed for the three years next preceding his election or appointment.

SECTION 7
SELECTION AND TENURE OF JUSTICES OF THE SUPREME
COURT, JUDGES OF THE COURT OF APPEALS, AND
JUDGES AND ASSOCIATE JUDGES OF THE
SUPERIOR COURTS
Paragraph 1. Election and Tenure of Justices and Judges. Jus tices of the Supreme Court and Judges of the Court of Appeals shall hold office for six years and until their successors are elected and qualified. They shall be elected by the electors of the entire State en titled to vote for members of the General Assembly at the general election next preceding the expiration of their respective terms.
Paragraph 2. Vacancies. The Governor shall fill by appointment each vacancy in the office of Justice of the Supreme Court, Judge of the Court of Appeals, and Judge and Associate Judge of the Superior Court. The person appointed shall hold office until the first day of January next following the election and qualification of his successor. At the next regular general election held more than thirty days from the time such vacancy occurs, a successor for the unexpired term shall be elected. Judicial nominating commissions may be established by law, and appointments to judicial office may be limited to nominees of such commissions.

98

JOURNAL OF THE HOUSE,

SECTION 8

COMPENSATION OF JUSTICES OF THE SUPREME COURT,
JUDGES OF THE COURT OF APPEALS, JUDGES OF
THE SUPERIOR COURTS, AND JUDGES OF
COURTS OF ORDINARY
Paragraph 1. Salary. The compensation of Justices of the Su preme Court and Judges of the Court of Appeals and Superior Courts shall be fixed by statute and shall not be reduced during the term for which the Justice or Judge was appointed or elected. Compensation of Judges of the Courts of Ordinary shall be as the General Assembly may provide. Compensation for Ordinaries for the several counties of this State provided by law at the time of the ratification of this Constitution shall be the compensation of the several Judges of the Courts of Ordi nary in each county respectively until changed by law.

Paragraph 2. Retirement.

(a) The General Assembly may provide by law for the re tirement, including compulsory retirement, of Justices of the Su preme Court, Judges of the Court of Appeals, Judges of the Su perior Courts, and Judges of the Courts of Ordinary, and may provide survivors' benefits for their widows and other dependents; provided, compulsory retirement shall not be fixed at less than 72 years of age.
(b) Judges of the Courts of Ordinary shall be eligible for membership and participation in the Ordinaries' Retirement Fund of Georgia heretofore provided for Ordinaries and their widows and as may hereafter be provided by law.

SECTION 9 JUSTICE OF THE PEACE

Paragraph 1. Justices of the Peace. There shall be one Justice of the Peace in each militia district, whose official term, except when elected to fill an unexpired term, shall be for four years, provided, however, that the General Assembly may, in its discretion, without re gard to uniformity, abolish the office of Justice of the Peace in any county or militia district.
Paragraph 2. Jurisdiction. Justices of the Peace shall have juris diction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars ($200.00), and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court under such regulations as may be prescribed by law. The General Assembly is hereby authorized to grant, by general law, to Justices of the Peace

WEDNESDAY, JANUARY 14, 1970

99

other powers and duties not inconsistent with the provisions of this Constitution.

SECTION 10
JUDICIAL ADMINISTRATION
Paragraph 1. Administrator of Courts. The Supreme Court shall be the executive head of the judicial system and may appoint an ad ministrator of the Courts and such assistants as it deems necessary to aid the administration of the Courts of the State.
Paragraph 2. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any Justice or Judge including retired and emeritus Justices or Judges, of the State to sit in any state Court when any Justice or Judge thereof is disqualified or incapacitated and in any other case where the Supreme Court deems such assignment necessary to aid the prompt disposition of judicial business.

SECTION 11
VENUE AND JURY TRIAL
Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the Judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be pro vided by law; provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be prescribed by law.
Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the county where the defendant resides unless otherwise provided by law.
Paragraph 3. Jury Trial. The right of trial by jury, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the Superior Courts, where there shall be twelve unless otherwise agreed between the parties. The General Assembly may provide by law for alternate jurors. The Court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed, except as otherwise provided in this Con stitution, and subject to the right of trial by jury on written demand of either party; provided, however, that nothing contained herein shall be construed so as to prevent the General Assembly from providing for summary judgments and directed verdicts. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing.

100

JOURNAL OF THE HOUSE,

SECTION 12

DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT

Paragraph 1. Discipline, Removal and Involuntary Retirement. The Supreme Court shall provide by rule the procedure and method for the discipline, removal, and involuntary retirement of Justices of the Su preme Court, Judges of the Court of Appeals, Judges and Associate Judges of Superior Courts, Judges of the Courts of Ordinary, and Judges of any other Courts of this State. This section is cumulative with the methods of removal elsewhere provided in this Constitution.

ARTICLE 4
EXECUTIVE BRANCH
SECTION 1
EXECUTIVE OFFICERS
Paragraph 1. Elected Executive Officers, Terms of Office, Salaries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture and Consumer Affairs, Commissioner of Labor, and Comptroller General, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the State.
Paragraph 2. Qualifications of Elected Executive Officers. No per son shall be eligible to hold any elective executive office of this State unless he shall have been a citizen of the United States for a least fifteen years and shall have resided in this State at least six years immediately preceding the time of the beginning of the term of office to which he was elected or the time of his appointment and shall be at least thirty years, and not more than seventy years, of age when elected. No person shall be elected or appointed Attorney General un less at the time of the beginning of the term of office to which he was elected or the time of his appointment he shall have practiced law in the State for at least ten years and shall be qualified at the time of his election or appointment to practice law in the Courts of this State. The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office. The General Assembly shall have the authority to prescribe additional qualifications for all elected execu tive officers.
Paragraph 3. Other Executive Officers. The General Assembly shall have the power, not inconsistent with the provisions of this Con stitution, to create other executive officers not provided for in this Con stitution and prescribe each of such officer's respective qualifications,

WEDNESDAY, JANUARY 14, 1970

101

duties, authority, compensation, term, and method of appointment or selection.

Paragraph 4. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirma tion as may be prescribed by law.

SECTION 2
DUTIES AND POWERS OP GOVERNOR
Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.
Paragraph 2. Veto Power. Except as otherwise provided herein, the Governor shall have the right to review all bills and all resolutions intended to have the effect of law which have been passed by the Gen eral Assembly before they shall become law. He may veto, approve, or take no action on any such bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may by a twothirds vote, override such veto as provided in Article 2, Section 5, of this Constitution.
Paragraph 3. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor who shall be Commander-in-Chief of the militia. The General Assembly shall have the authority to provide for trial by courtsmartial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon, and rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia.
Paragraph 4. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason, the Gover nor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execu tion, or grant a further reprieve.
Paragraph 5. Law Enforcement, The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the State.
Paragraph 6. Writs of Election. The Governor shall issue writs

102

JOURNAL OF THE HOUSE,

of election to fill all vacancies that may occur in the Senate and the House of Representatives, where such vacancy would cause a district to be without full representation in a session of the General Assembly. The General Assembly shall provide by law the procedure relative to the issuance of such writs and the election to fill such vacancies.

Paragraph 7. Information and Recommendations to the General Assembly. The Governor shall give the General Assembly, at the be ginning of each regular session and from time to time, information of the state of the State and recommend to its consideration such measures as he may deem necessary or expedient.

Paragraph 8. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session or in any amendment to such proclamation. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes when ever three-fifths of the members elected to each House certify to him, with a copy to the Secretary of State, that in their opinion an emer gency exists in the affairs of the State. Should the Governor fail to so do within three days, Sundays excluded, after receipt of such certifi cation, the General Assembly may convene itself in extraordinary ses sion for all purposes as if convened in regular session. An extraordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed.

Paragraph 9. Pilling Vacancies. Unless otherwise provided for in this Constitution, the General Assembly is hereby authorized to provide by law the manner in which a vacancy in any public office shall be filled. If no provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a per son to fill such vacancy for the unexpired term.

Paragraph 10. Information from Officers and Employees. The Governor may require information in writing from constitutional offi cers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have the authority to provide by law for the suspension of any constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable per son to discharge the duties of the same.

Paragraph 11. Appointments by Governor; Method; Rejection; Failure to Submit. The Governor shall make such appointments as he is or may be authorized to do by this Constitution or by law. All such appointments to offices or positions created by this Constitution or by law, unless otherwise specifically provided in this Constitution or by law, shall be submitted by the Governor to the Senate for confirmation or rejection within ten days after the General Assembly next convenes

WEDNESDAY, JANUARY 14, 1970

103

in regular session, or, if the General Assembly is in regular session when the appointment is made, not less than ten days before the end of such session, or if made within ten days of adjournment, then not later than the day after such appointment. No person after being re jected by the Senate shall again be appointed to the same office for a period of at least one year after the date the Senate failed to confirm such appointment. The failure of the Governor to send to the Senate the name of any person appointed to office as herein provided shall be equivalent to a rejection thereof. The failure of the Senate to confirm or reject the appointment of any person whose name is submitted to the Senate as herein provided shall be equivalent to confirmation thereof. No Governor, after his successor is elected, shall submit appointments to the Senate prior to his successor's taking office.

SECTION 3
ELECTION AND DUTIES OF LIEUTENANT GOVERNOR
Paragraph 1. Election of Lieutenant Governor. The Lieutenant Governor shall be elected at the same time and for the same term as the Governor.
Paragraph 2. Duties of Lieutenant Governor. The Lieutenant Gov ernor shall be the presiding officer of the Senate and Chairman of its Rules Committee but shall have no vote except to break a tie and shall not be a member of any other Committee thereof. He shall perform such other duties as may now or hereafter be prescribed by this Constitution or by law.
Paragraph 3. Exercise of Executive Power.
(a) In case of the death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the execu tive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term. If such death, resignation or re moval from office shall occur within thirty (30) days of the next general election, or if the term will expire within ninety (90) days after the next general election, the Lieutenant Governor shall exer cise the executive power and receive the compensation of the Gover nor for the unexpired term. In case of the disability of the Gover nor, the Lieutenant Governor shall exercise the executive power and receive the same compensation as the Governor until the cessa tion of such disability. The General Assembly shall provide by law the amount of compensation which shall be received by a Governor suffering from disability.
(b) In the event the Governor-elect who is elected for a full term, because of death or other reason, does not take office as Governor, the Lieutenant Governor-elect upon becoming Lieutenant Governor, shall exercise the executive power and receive the com pensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term.

t04

JOURNAL OF THE HOUSE,

(c) In the event the Governor-elect who is elected to fill an unexpired term, because of death or other reason, does not take office as Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for said unexpired term.

SECTION 4
EXERCISE OF EXECUTIVE POWER BY PERSONS
OTHER THAN THE GOVERNOR OR
LIEUTENANT GOVERNOR
Paragraph 1. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the next general election, at which time a successor to the Governor shall be elected for the Tinexpired term. If such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive ,power and receive the compensation of the Governor until the disability of one of them is removed.
Paragraph 2. Exercise of Executive Power by Others. The Gen eral Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, removal from office, or disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives. In case of disability of the Governor, Lieu tenant Governor, and Speaker of the House of Representatives, the per son upon whom the executive power shall have devolved shall exercise such power and receive the compensation of the Governor until the disability of one of them ceases. In case of the death, resignation, or re moval from office of the Governor, Lieutenant Governor and Speaker of the House of Representatives, such person shall exercise the execu tive power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by this Constitution.

SECTION 5
DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS
Paragraph 1. Duties and Powers of Other Elected Executive Offi cers. The Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Consumer Affairs, and

WEDNESDAY, JANUARY 14, 1970

105

Commissioner of Labor shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and authorities of each of such officers, and shall provide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of
their duties. It shall be the duty of the Attorney General to act as the chief legal officer of the State and the chief legal advisor to the Gover nor and executive officers, and to represent the State in all civil and criminal cases in any Court when required by the Governor or when the State has an interest in such a case, and to perform such other services
as may be required of him by law.

Paragraph 2. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.

SECTION 6
DISTRICT ATTORNEYS
Paragraph 1. Number, Term of Office, Vacancies. There shall be a District Attorney for each judicial circuit elected and appointed as necessary in the same manner as the respective circuit Superior Court Judges, who shall represent the State in all criminal cases in the Su perior Courts of his circuit, and all criminal cases appealed from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office shall be four years and whose qualifications, limitations, other duties, and compensation shall be prescribed by the General Assembly. Whenever the words "Solicitor General" are used in any statute, they shall be held and taken to mean the District Attor ney.
SECTION 7
ELECTIONS
Paragraph 1. Election of Executive Officers. The first election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Con sumer Affairs, and Commissioner of Labor under this Constitution shall be held at the time of the general election in 1974 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner prescribed by the provisions herein and such officers shall be installed in office on the Tuesday following the first Monday in February following the general election.
Paragraph 2. Transmission, Canvassing, and Publishing Election Returns. The returns of each election district in a gubenatorial election shall be sealed by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tues-

106

JOURNAL OP THE HOUSE,

day next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairmen of all standing committees of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.

Paragraph 3. Run-Off Election. In the event no gubenatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall con tinue the gubenatorial election by immediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes, who continue in life and have not de clined to continue as a gubenatorial candidate. This run-off election shall be held on the second Tuesday immediately following the general election unless the date thereof shall be changed by the law. The run off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be en titled to vote therein, and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvass ing, and publication shall apply to the run-off election. On the Tues day next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.

Paragraph 4. The Secretary of State, Attorney General, Comp troller General, Treasurer, Commissioner of Agriculture and Consumer Affairs, and the Commissioner of Labor shall be elected in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation, and canvassing of the returns of the elec tion, run-off elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers.

Paragraph 5. General Assembly May Provide Additional Pro cedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs 2, 3, and 4, of this section and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.

SECTION 8 CONSTITUTIONAL BOARDS AND COMMISSIONS Paragraph 1. Continuation of Existing Boards and Commissions.

WEDNESDAY, JANUARY 14, 1970

107

All the Constitutional Boards and Commissions listed in this Para graph, having heretofore been created, are hereby recreated and con tinued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the effective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. In addition to such powers and duties as may be prescribed in this Constitution, the General Assembly shall define by law the powers, duties, qualifications, and compensation of the members of such Boards and Commissions and of the Directors, except that the compensation of the members of the Public Service Commis sion and the State Board of Pardons and Paroles shall not be diminished during the term of office for which such members were elected or ap pointed. Such Boards and Commissions shall have such other powers and duties as may be prescribed by law.

(a) State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be composed of not less than five mem bers and shall be vested with and shall exercise all of the powers of executive clemency except as otherwise provided in this Consti tution. The General Assembly shall provide by law for the compo sition of the State Board of Pardons and Paroles and the term of its members. The General Assembly shall provide by law the man ner in which the Board is to exercise its powers. The Governor shall not be a member of such Board. Its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the Statewide Probation System.

(b) Public Service Commission. The Public Service Commis sion shall be responsible for the regulation of utilities and trans portation, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Commission shall consist of five members who shall be elected by the people. The terms of members shall be for six years, dating from the ex piration of the previous terms of its members. A Chairman shall be selected by the members of the Commission from its membership. In case of any vacancy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the Tuesday following the first Monday in February after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a suc cessor for the unexpired term shall be elected.

(c) State Personnel Board. The State Personnel Board shall administer a State Merit System under which the State personnel under such system shall be selected on a basis of merit, fitness, and efficiency, as may be provided by law. The Board shall be com posed on three members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. No State official or employee shall be a member of the Board.

108

JOURNAL OP THE HOUSE,

(1) Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States com mand or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program, es tablished in the State government or any political subdivision there of as may be determined by appropriate action of the General As sembly.

Provided, however, notwithstanding any such action by the Gen eral Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean and Vietnam conflicts and who was honorably discharged therefrom shall be entitled to and shall receive the following prefer ence in taking a competitive examination for employment with the State government or any political subdivision thereof:

a. Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans Adminis tration shall be entitled to and shall have ten points added to his passing score on such examination; and

b. Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.

ARTICLE 5
FINANCE, TAXATION, AND PUBLIC DEBT
SECTION 1
POWER OP TAXATION
Paragraph 1. Taxation, a Sovereign Right. The right of taxation is sovereign right--inalienable, indestructible--is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the com plete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.
Paragraph 2. Taxation for Public Purposes Only. The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of sub-

WEDNESDAY, JANUARY 14, 1970

109

jects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; pro vided, however, no county shall require any license fee, franchise tax, or occupational tax from any business located in a municipal corpora tion in said county if such municipal corporation requires payment of a license fee, franchise tax, or occupational tax from such business, but no such occupational tax or license fee shall be levied against farming operations. No such county license fee franchise tax, or occupational tax shall be imposed on any business which is subject to regulation by the Public Service Commission.

Paragraph 3. Taxing Power Limited.
(a) Donations and Gratuities. Neither the General Assembly nor any municipal corporation, public corporation, or political sub division shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation, or association, nor grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into.
(b) The General Assembly may authorize any department, commission or agency of the State to receive federal funds or grants and may authorize such receiving department, commission, or agency to expend or disburse such funds in accordance with the terms and conditions under which they are received; provided, however, no State funds may be expended or disbursed in violation of this Con stitution.
(c) The levy of ad valorem taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections or defending the State in time of war, shall not exceed one-fourth mill on each dollar of the value of the property taxable in the State; provided, how ever, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly, for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five mills on each dollar of the value thereof. State banks, state and federal savings and loan associations and other associations and corpora tions in competition with national banks shall be taxed at the same rate and in the same manner as national banks.
Paragraph 4. Uniformity; Classification of Property.
(a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods of dif ferent classes of such property.
(b) The General Assembly may treat any and all motor ve-

110

JOURNAL OF THE HOUSE,

hides, including trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assess ment dates for the taxation of such property, and enact legisla tion consistent herewith to prevent any person, firm, or corpora tion from escaping payment of their fair share of taxes on said
motor vehicles.

(c) The General Assembly may treat mobile homes as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property, and may apply such provisions for homestead exemption not exceeding the homestead exemption provisions in this Constitution for real estate, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said mobile homes. The General Assembly may define by law what property shall constitute a mobile home for the purposes of this paragraph.

(d) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties, nor at a lesser basis of value nor at a lower rate of taxation than other properties. Paragraph 5. Property Exempt from Taxation.

(a) The General Assembly may exempt any of the following property, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe.

(1) Property owned by the United States of America, the State of Georgia, any State of the United States, any foreign state, or any governmental division or instrumentality thereof.
(2) Places of religious worship and all property owned by religious groups used only for single family residential purposes and for which no payment of value for the use thereof is made.

(3) Property publicly identified as a cemetery or mausoleum and used exclusively for the burial of human remains.

(4) Property of institutions of purely public charity used ex clusively for public charity from which no income is derived.
(5) All intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational, and charitable institutions, no part of the net profit from the opera tion of which can inure to the benefit of any private person.
(6) All buildings erected for and used as a college, incorpo rated academy, or other seminary of learning; all funds or property held or used as an endowment by such colleges, incorporated academies, or seminaries of learning, provided the same is not in-

WEDNESDAY, JANUARY 14, 1970

111

vested in real estate, and provided further that all the income and profits from such endowment is used exclusively for the purpose of maintaining and operating such institution. The exemption pro vided for in this sub-paragraph shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public.

(7) The real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paint ings and statuary kept in a public hall and not held as merchandise or for purposes of sale or gain and from which the owner derives no income.

(8) Farm products grown or produced in this state, including, but not limited to livestock, poultry, and baled cotton and remaining in the hands of the producer. Farm products grown or produced in this State including livestock, poultry, and baled cotton while held in the raw and natural state, regardless of ownership, while in storage in a licensed or bonded warehouse. No such farm products may be exempted longer than for the year next after their pro duction.

(9) Intangible personal property owned by a trust forming a part of a pension, profit sharing, or stock bonus plan if such a trust is exempt from federal income tax under the Federal Inter
nal Revenue Code.

(10) Any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollu tion.

(b) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary cor poration not doing business in this State if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent com pany to carry on some part of its established line of business through such subsidiary.

(c) Homestead Exemptions. The General Assembly may pro vide by law for the administration, including, but not limited, to the manner in which returned and claimed, of the following home stead exemptions under such definitions, condtions, and limitations as it may prescribe.

(1) The homestead of each resident of Georgia actually occu pied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is hereby granted an exemption from all ad valorem taxation for state, county, and school purposes in the amount of $2,000.00, except ad valorem taxes levied by municipal corporations for school purposes and except to pay interest on and retire bonded indebtedness; provided,

112

JOURNAL OF THE HOUSE,

however, should the owner of a dwelling house on a farm, who is already entitled to a homestead exemption, participate in the pro gram of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The
exemption herein provided for shall not apply to taxes levied by municipal corporations except municipal homestead exemptions allowed by constitutional amendments as a part of the 1945 Consti
tution.

Each person who is sixty-five years of age or over is hereby granted an additional exemption from all State and County ad valorem taxes in the amount of $2,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor, or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes.

(2) Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The term "disabled veteran" as used herein means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by para plegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair; provided, however, disabled veterans qualify ing for this exemption in the amount of $10,000.00 shall be limited to such amount as a homestead exemption.

(3) Each permanently and totally disabled peace officer, in cluding members of the Department of Public Safety, firemen, or prison guards employed by the state, any county within this State, or any municipal corporation within this State, who is injured in the line of duty to the extent that he is permanently and totally disabled and who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The term "permanently and totally disabled" shall be defined by the General Assembly and subject to such qualifications, restrictions, and procedures as may be provided by general law.

WEDNESDAY, JANUARY 14, 1970

113.

(4) The taxable value of all homesteads in excess of the foregoing exemptions shall remain subject to taxation.

(d) All laws exempting property from taxation, other than: the property enumerated in this Constitution, shall be void.

SECTION 2
PURPOSES AND METHODS OF TAXATION
Paragraph 1. State Monies to General Fund; Sale of Certain StateProperties; Use of Proceeds.
(a) All money collected from taxes, fees, and assessments, for state purposes under laws enacted by the General Assembly shall be paid into the general fund of the State Treasury to beappropriated therefrom solely in the manner required by this Con stitution and to be expended solely for the purposes authorized by this Constitution.
(b) The State shall not sell or lease any real property ex cept as now or hereafter provided by the General Assembly. No> State Authority shall sell or lease any real property owned by it except as now or hereafter provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation un conditionally guaranteed by the State, or the payment of any obli gation of any authority or public corporation the payment of which is secured by a contract with the State or any department or agency thereof.
Paragraph 2. Taxation, How and for What Purposes Exercised. Except as otherwise provided herein, the powers of taxation over the whole State shall be exercised by the General Assembly for any public purpose. The following are specifically declared to be public purposes,, but this listing is neither exclusive nor exhaustive.
(a) For the support of the State Government and the public institutions.
(b) To support public schools, public education, and activities necessary and incidental thereto, including school lunch purposes,, as may be determined by the General Assembly.
(c) To pay the principal and the interest on the public debt,. and to provide a sinking fund therefor.
(d) To suppress insurrection, to repel invasion, and to defend' the State in time of war.
(e) To make provision for the payment of pensions to ex-

114

JOURNAL OP THE HOUSE,

Confederate soldiers and to the widows of Confederate soldiers who are unmarried.

(f) To construct and improve State-owned buildings and properties, and to construct, maintain or aid in the construction or maintenance of systems of publicly owned highways, streets, side walks, bridges, airports, docks, and mass transit systems for transportation of passengers for hire as the General Assembly may consider necessary for the public interest.

(g) To provide for such programs of public health and welfare as authorized by law.

(h) To provide insurance and retirement benefits, compen satory in nature, for public officers and employees and public school employees, including but not limited to teachers, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel, their dependents and survivors, and
to make such employer contributions under federal old-age and social security programs as may be necessary or desirable to pro vide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be authorized by law.

(i) To support retirement systems which have been or which may hereafter be created by law; provided, that any retirement sys tem created after the effective date of this Constitution shall be actuarially sound.

(j) To advertise and promote the agricultural, industrial, historic, recreational, and natural resources of the State.

(k) To make grants to municipal corporations and counties for general or special purposes as may be authorized by law.

(1) To make loans to local public industrial development agencies to be secured or guaranteed by the pledge of the full faith, credit, and taxing power of the local government to be served, in such manner as shall be authorized by law.

(m) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and the payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide the procedure and other matters relative to such programs. Taxes may be levied and public funds expended for such purposes.

(n) Notwithstanding any other provisions of the Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury, or prop erty damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a crimi-

WEDNESDAY, JANUARY 14, 1970

115

nal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such in demnification and for the purpose of implementing any law au thorized by this subparagraph.

(o) Notwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry, or tourism within the State. All such expendi tures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months.

(p) Notwithstanding any other provisions of this Constitution,, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury, or prop erty damage sustained and for which the State is liable, or for which immunity has been waived by the General Assembly under general law. Taxes may be levied and public funds expended for such purposes.

SECTION 3
PUBLIC DEBT
Paragraph 1. Georgia State Financing and Investment Commission? Creation; Duties.
(a) There is hereby created the Georgia State Financing and Investment Commission.
(b) The Commission shall consist of seven members who shall be the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Attorney General, and the State Budget Officer.
(c) In addition to such powers and duties as may from time to time be conferred upon the Georgia State Financing and Invest ment Commission, the Commission shall have such duties, powers, authority, and jurisdiction relating to the contracting of public debt and the issuance of evidences of indebtedness therefor as shall be provided by law.

116

JOURNAL OF THE HOUSE,

Paragraph 2. Purposes for which Contracted.

(a) The State may contract public debt, and hereby pledges its full faith, credit, and taxing powers to the payment thereof, at such times and in such manner as shall be authorized by law, but only for the purposes and subject to the conditions stated in this section.

(b) The State may contract debt to supply such temporary deficit as may exist in the Treasury in any year for necessary delay in col lecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt, but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five per cent of the previous year's revenue paid into the Treasury, and any loan made for this purpose shall be repaid out of the taxes levied for the fiscal year in which the loan is made.

Paragraph 3. Bonded Debt.
(a) Bonded debt, having a maturity date not more than thirty years from the date of issue, may be created only for the purposes of financing capital needs in connection with programs or projects for public purposes. Capital needs as used herein shall mean only those expenses related to the costs of acquiring, building, constructing, alter ing, enlarging, furnishing, equipping, or improving the facilities form ing such program or project.
(b) No bonded debt shall be contracted under Paragraph 3 (a), and the appropriation or expenditure of any funds for the payment of such debt is prohibited, at any time when the aggregate of annual debt service requirements of such bonded indebtedness, including the proposed debt, and annual payments under contracts heretofore entered into by the State, state institutions, departments, and agencies of the State with any public agency, public corporation, or authority pursuant to the provisions of Article 7, Section 6, Paragraph 1 (A) of the Consti tution of 1945 of the State of Georgia which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority, exceeds fifteen per cent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such indebtedness is proposed; provided, however, this provision shall not affect bonded indebtedness or contracts validly entered into prior to its adoption or which conform to this provision at the time the same are hereafter contracted or executed.
(c) The contracting of bonded indebtedness pursuant to Para graph 3 (a) is further prohibited until the General Assembly has au thorized the capital program or project for which such bonded in debtedness is to be incurred by providing funds in an appropriation act for the payment of at least the first year's debt service requirements for such indebtedness and the appropriation so made shall constitute the maximum annual payment for such indebtedness.

WEDNESDAY, JANUARY 14, 1970

117

Paragraph 4. Sinking Fund Debt Service Appropriation.

(a) The General Assembly shall raise by taxation each year, in addition to the sum required to pay public expenses, such amounts as. are necessary to pay the interest on the public debt and the principal on the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then ma tured. The General Assembly shall appropriate annually to such sinkingfund an amount sufficient to pay annual debt service requirements for public indebtedness. The sinking fund shall be used for no other purpose.

Any such payments shall be paid before any other obligation of the State except for lease rental obligation incurred prior to June 30 of the year immediately following the adoption of this Constitution, and if the General Assembly shall fail to make appropriations for such payment or if payment is not made, the State Treasurer shall set apart from the first revenues thereafter received, applicable to the general fund of the State, a sum sufficient to pay such debt service require ments or payments to the sinking fund, as the case may be, and shall so apply the moneys thus set apart. The Treasurer may be required to set aside and apply such revenues as aforesaid, at the suit of any holder of bonds or other evidences of indebtedness.

The funds in the sinking fund may be invested in direct and general obligations of the United States Government or obligations the principay and interest of which are unconditionally guaranteed by the United States Government.

(b) Notwithstanding any other provision of any other section of any other article of this Constitution, the General Assembly shall in clude in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the pay ments required to be made in each year under lease contracts entered into prior to June 30 of the year immediately following the adoption of this Constitution, pursuant to Article 7, Section 6, Paragraph 3 (A) of the Constitution of 1945 of the State of Georgia by and between such department, agency, or institution of the State and any State authority which has been created and activated before November 8, 1960, which said lease contracts constitute security for bonds or any other obliga tions issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation account in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obliga tions as authorized hereunder shall be due and payable to each such department, agency or institution of the State in each fiscal year tobe expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General

118

JOURNAL OF THE HOUSE,

Assembly had included the amount of the appropriation in a General Appropriations Act.

Paragraph 5. State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation, or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation.

Paragraph 6. Profit on Public Money. The receiving, directly or indirectly, by any officer of the state or any county or member or officer of the General Assembly, of any interest, profits, or perquisites aris ing from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be punish able as may be prescribed by law, a part of which punishment shall be a disqualification from holding office.

Paragraph 7. Certain Bonds Not to be Paid. The General As sembly shall have no authority to appropriate money, either directly or indirectly, to pay the whole or any part of the principal or interest of the bonds or other obligations which have been pronounced illegal, null, and void by the General Assembly and the constitutional amend ments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obliga tions created by the State under laws passed during the late War Between the States, nor any of the bonds, notes, or obligations made and entered into during the existence of said War, the time for the pay ment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor of any other state official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States, instituted to test the validity of any such bonds or obligations.

SECTION 4
LOCAL TAXATION
Paragraph 1. Powers of Local Government. The General Assembly may authorize any county, municipal corporation, or other political sub division to exercise the power of taxation for any public purpose as defined by general law or in this Constitution, and unless otherwise provided in this Constitution or by law, no levy need state the par ticular purposes for which the same was made, nor shall any taxes col lected be allocated for any particular purpose, unless expressly so pro vided by the General Assembly or in this Constitution.
Paragraph 2. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only "by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing

WEDNESDAY, JANUARY 14, 1970

119'

such county to levy a tax only upon the taxable property in such dis tricts for the purpose of constructing and maintaining facilities therefor.

Paragraph 3. Local Taxation for Education. The school boards of each county or area school district shall annually levy a school tax for the support and maintenance of education, not greater than twenty
mills per dollar, upon the assessed value of all taxable property within the county or district located outside any independent school system or area school district therein. The independent school system of Chat ham County and the City of Savannah being co-extensive with said
county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The levy made by an area board of education shall be in such amount and within such limits as may be prescribed by local law applicable thereto, but such levy shall not be greater than twenty mills per dollar upon the as sessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education and activities necessary or incidental thereto, including school lunch purposes. The tax shall be collected in the same manner as the State levy is collected. Provided the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions of the 1945 Constitution.

Paragraph 4. Increasing or Removing Tax Rate. The twenty mill limitation provided in Paragraph 3 above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of educa tion, in order to instigate the procedure, must pass a resolution recom mending that the limitation be removed and upon presentation of such resolution to the Court of Ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall
be their duty, within ten days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be re moved. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and the Judge of the Court of Ordinary or the proper authorities, as the case may be, shall have the date and purpose of the election pub lished in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph 3 above. In lieu of recom mending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal, and if the proposal is favorably voted upon, the county or area board may recommend up to the specified amount. It shall be the duty of the Judge of the Court of Ordinary or the proper authorities, as the case may be, to hold the election, to canvass the re turns, and to declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be.

120

JOURNAL OP THE HOUSE,

Paragraph 5. Taxing Power and Contributions of Counties, Munici pal Corporations, and Political Subdivisions Restricted. The General As sembly shall not authorize any county, municipal corporation, or political subdivision of the State, through taxation, contribution, or otherwise, to become a stockholder in any company, corporation, or association, or
to appropriate money for, or to loan its credit to, any corporation, company, association, institution, or individual except for purely chari table purposes. This restriction shall not operate to prevent the support of school by municipal corporations within their respective limits.

Paragraph 6. Intergovernmental Contracts.

(a) Contracts for Use of Public Facilities. The State, state insti tutions, any municipal corporation, or any county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation, or authority now or here after created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any municipal corporation, county, public agency, public corporation or authority, pro vided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.

(b) Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may contract with any public agency, public corporation, or authority for care, transportation, treat ment, maintenance, and hospitalization for its indigent and obligate it self to pay the costs thereof, the cost of acquisition, construction, mod ernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities.

(c) Local Taxation Authorized. Any county, municipal corpora tion, school district, or other political subdivision, having the power to tax, may exercise such power to the extent necessary to pay the obli gations contractually incurred under this Section and may also expend any other public funds, from whatever source derived for such purpose.

Paragraph 7. Local Debt Limitation.
(a) Debts of Counties, Municipal Corporations, and School Dis tricts. The debt of any county, municipal corporation, county school district, area school district or other political subdivisions except as in this Constitution otherwise provided for, shall never exceed seven per centum in the case of any county, municipal corporation or other political subdivision, of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district, area school district, or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this paragraph, except for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified voters thereof voting in an election for that purpose be as prescribed by law.

WEDNESDAY, JANUARY 14, 1970

121

Registration of voters for any such election shall be as provided for general elections and the General Assembly shall have no power to pro vide any form of special registration of voters for any such election. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness; provided, however, the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions of the 1945 Constitution.
Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the federal government, or any agency thereof, to aid in financing the cost of studies, plans, surveys, and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph.
Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding pro vision of this paragraph and debt created for such purposes may be incurred without an election, but the same must be repaid in equal an nual installments within not more than seven years from the date of its creation, and the interest payable thereon shall not exceed an amount ,set by law; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith .shall have been approved by the State Revenue Commissioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Commis sioner's rules and regulations.

(b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an addi tional three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional in debtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.

(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any outstand ing bonded indebtedness provided that the issuance of such refunding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refunding bonds will reduce the total combined principal and interest payable on such outstanding bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded.
(d) Sinking Funds for Bonds. All amounts collected from any

122

JOURNAL OF THE HOUSE,

source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.

(e) Sinking Fund Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the governing authorities of such county, municipal corporation, county school district, area school district or other political subdivision in obli gations of, or unconditionally guaranteed by, the United States Govern ment; in obligations of the State of Georgia; in obligations of any au thority or public corporation, the payment of which is unconditionally guaranteed by the State of Georgia, or the payment of which is secured by a contract the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct
general obligation bonds, which have been validated as provided by law, of any county, municipal corporation, county school district, area school district or other political subdivision of this State.

(f) Temporary Loans. In addition to the other indebtedness per mitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is hereby authorized to make temporary loans between January 1st and December 31st in each year to pay expenses for such year and may issue promis sory notes or tax anticipation certificates to evidence any such indebted ness, and taxes anticipated to be collected may be pledged and incum-
bered and a lien created thereon as security for the payment of such promissory notes or of such tax anticipation certificates, provided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five per centum of the total gross income received by such county, municipal corporation, county school district, area school dis trict, or political subdivision from taxes collected or received in the last preceding year, and all such indebtedness shall be payable on or before the close of the fiscal year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Constitution. No such temporary loan may be made in any year when there is a temporary loan then unpaid which was made in a prior year. No such county, municipal corporation, county school district, area school district, or political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year.

(g) Levy of Taxes to Pay Indebtedness. Any county, municipal corporation or other political subdivision which shall incur any indebted ness; including indebtedness incurred for property valuation and equali zation programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitution for the repayment of a particu-

WEDNESDAY, JANUARY 14, 1970

123

lar class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary for such purpose. Any such taxes shall be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.

Paragraph 8. Revenue Obligations.
(a) Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebted ness within the meaning of Paragraph 2 of Section 3 or Paragraph 7 (a) or (b) of Section 4 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public pur pose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.
(b) Purposes for Which Authorized. Revenue obligations may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending, or improving any public property or facility, in cluding roads, tunnels, bridges, airports, harbor facilities, water, sewer age, garbage or sewer collection, treatment and disposal systems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibition facilities, beach erosion protection systems, public parking building and facilities, including parking meters, public facilities for mass transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be authorized by the General Assembly.
(c) Election Required for Gas or Electric Systems. However, before any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected. In other respects, such election shall be held in the same manner as an election under Paragraph 7 (a). Such an election, however, shall not be required to authorize the isuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the afore said purpose. After any such favorable election has been held, if counties, municipal corporations, or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipal corporation or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regu lation as are privately owned and operated utilities.

124

JOURNAL OF THE HOUSE,

(d) Industrial Development Purposes. Revenue obligations may also be issued to finance the cost of land, buildings, facilities, machinery, or equipment to be sold or leased to a private business in the establish ment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and auth orized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation, or other political subdivision shall not exceed two mills annually, and the pro
ceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose.

ARTICLE 6
EDUCATION
SECTION 1
PUBLIC EDUCATION
Paragraph 1. Public Education; Support by Public Funds. An adequate common school education for its citizens shall be a primary obli gation of the State of Georgia and its political subdivisions, the ex pense of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds and may prescribe the terms and conditions upon which State funds shall be made available for this purpose.
Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may prescribe.
Paragraph 3. The General Assembly shall be authorized to provide by law for the right of any child to attend any public school in this State and to provide for the transfer of State and local funds from the resident county to the school district of the county in which such child is enrolled.
SECTION 2
STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education; Method of Selection. There shall be a State Board of Education to be composed of one member from each Congressional District in the State and five members from the State-at-large. The member of the Board from each Congressional District shall be elected at a caucus of the members of the Senate and the House of Representatives from the Senatorial and Representative Districts embraced or partly embraced within such Congressional Dis-

WEDNESDAY, JANUARY 14, 1970

125

trict, by a majority vote of such members. The first election for such members shall be held during the regular session of the General As sembly in 1972, and the members elected shall take office July 1, 1972. The members from the First and Second Districts shall be elected for terms of five years and until their successors are duly elected and qualified. The members from the Third and Fourth Districts shall be elected for terms of four years and until their successors are duly elected and qualified. The members from the Fifth and Sixth Districts
shall be elected for terms of three years and until their successors are duly elected and qualified. The members from the Seventh and Eighth Districts shall be elected for terms of two years and until their successors are duly elected and qualified. The members from the Ninth and Tenth Districts shall be elected for terms of one year and until their successors are duly elected and qualified. Thereafter all terms shall be for five years and until their successors are elected and qualified. The General Assembly shall provide by law for the manner, time, pro cedure, and other matters relative to the election of such members of the Board and the manner of filling vacancies. In the event of a change in the number of Congressional Districts, the General Assembly is hereby authorized to provide by law for the composition of the Board relative to the members from Congressional Districts. The five members from
the State-at-large, no two of whom shall reside in the same Congres sional District at the time of appointment, shall be appointed by the Governor by and with the advice and consent of the Senate. Such five members shall be appointed prior to July 1, 1972, and shall take office on said date. The terms of such first members shall be for one, two, three, four, and five years as shall be designated by the Governor. Thereafter, all successors shall be appointed for terms of five years. Any vacancy occurring in the office of any of the aforesaid five mem bers shall be filled by appointment by the Governor, with the advice and consent of the Senate, for the unexpired term. All such members shall hold office until their successors are appointed and qualified. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to serve on said Board, and if any person shall become so connected or employed after becoming a member of the Board, his office shall im mediately become vacant. The Board shall have such powers and duties as may now or hereafter be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law. The State Board of Education in existence at the time of the effective date of this Constitution shall continue until July 1, 1972. Appointments to the Board, whether due to expiration of term of office or to fill a vacancy, shall continue to be made pursuant to the provisions of the Constitution and law relative to said Board but the terms of all members shall expire June 30, 1972. The fifteen member Board of Education provided for herein shall be the successor to the said ten member Board of Education.

SECTION 3

STATE SCHOOL SUPERINTENDENT

Paragraph 1. State School Superintendent. There shall be a State

126

JOURNAL OP THE HOUSE,

School Superintendent, who shall be the chief administrative officer of the State Board of Education. He shall be appointed by and serve at the pleasure of the State Board of Education. No member of the State Board of Education shall be eligible for selection as State School Superintendent during the term for which he shall have been appointed^

SECTION 4
BOARD OF REGENTS
Paragraph 1. Board of Regents of the University System of Georgia. The Board of Regents of the University System of Georgia, having heretofore been created as a constitutional Board, is hereby recreated and continued as a constitutional Board. The Board shall be composed of one member from each congressional district in the State and five additional members from the State-at-Large, and all members shall serve for terms of seven years, dating from the expira tion of the previous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms heretofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The Governor shall not be a member of said Board. The government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall have such further powers and duties as may be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law.

SECTION 5
LOCAL SCHOOL SYSTEMS
Paragraph 1. School Districts. Authority is granted to counties and area school districts to establish and maintain public schools. Existing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provided for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of the State. Any school district or system consoli dated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district.

WEDNESDAY, JANUARY 14, 1970

127

Paragraph 2. Boards of Education. Each school district or system shall have a board of education which shall have such powers and duties as may now or hereafter be provided by law, the members of which shall be elected or appointed as may now or hereafter be provided by law. School board members shall reside within the territory embraced by the school district or system.

Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as may now or hereafter be pro vided by law.

Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting board members and school superintendents shall be as pro vided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected.

Paragraph 5. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any com bination of the foregoing, may contract with each other for the care, education, and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the pro visions of this Constitution.

SECTION 6
MAINTENANCE AND PROTECTION OF CERTAIN SCHOOL SYSTEMS
Paragraph 1. Maintenance of Existing Independent Systems. Au thority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law. No independent school system shall hereafter be established.
Paragraph 2. Systems Established Prior to Constitution of 1877. Public school systems established prior to the adoption of the Consti tution of 1877 shall not be affected by this Constitution.

SECTION 7
BEQUESTS, DONATIONS, AND GRANTS
Paragraph 1. Bequests, Donations, and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations, and

128

JOURNAL OF THE HOUSE,

grants of land, or other property, for the use of their respective sys tems of education.

SECTION 8

EDUCATIONAL GRANTS

Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county, or municipal funds to citizens of the State for educational purposes.

SECTION 9
SPECIAL SCHOOLS
Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may es tablish, pursuant to general or local law enacted by the General Assem bly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult education in one or more of such political subdivisions; provided, however, that the es tablishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereto shall be first ap proved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers, and duties of boards of education participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establish ment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to the provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.
Paragraph 2. Special Schools Heretofore Established Protected. Special schools, including vocational trade schools, established prior to the adoption of this Constitution, which were established under theprovisions of Article 7, Section 6, Paragraph 1 (d) of the Constitution of 1945, shall not be affected by this Constitution, and any political subdivision which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness,.

WEDNESDAY, JANUARY 14, 1970

129

not to exceed three per centum of the assessed value of all the taxable property therein, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be in curred pursuant to the provision of Article 5, Section 3, Paragraph 3, of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject
to the provisions of law.

ARTICLE 7

COUNTIES AND MUNICIPAL CORPORATIONS

SECTION 1

COUNTIES

Paragraph 1. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain
as now prescribed by law, unless changed as hereinafter provided.

Paragraph 2. Counties; Number; New. There shall not be more than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of exist ing counties.

Paragraph 3. Consolidation, Merger, Division, Dissolution, Method. Upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of such county, or upon recommenda tion of two successive grand juries of such county, proposing the con solidation of two or more counties into one, or the merger of one or more counties into another, or the division of the county and the merger of portions thereof into other counties, it shall be the duty of the Judge of the Court of Ordinary to transmit a certified copy of such petition, or the recommendations of the grand juries, as the case may be, per taining to the proposal, to each Judge of the Court of Ordinary of all other counties proposed to be affected thereby, and it shall be the duty of the latter to cause to be published the proposals made by the electors or grand juries, as the case may be, in the newspaper in which sheriff's advertisements are published, once a week for a period of six con secutive weeks. If within a period of two years after the completion of the advertisements of the proposal and upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of the other county or counties proposed to be affected thereby ex pressing favor or approval of the proposal, or upon recommendation of two successive grand juries of the other county or counties proposed to be affected, expressing favor or approval of the proposal made in

130

JOURNAL OF THE HOUSE,

the electors' petition, or recommendations of two successive grand juries of the county initiating the proposal, it shall thereupon be the duty of the Judges of the Courts of Ordinary of all such counties to certify the results of the action taken to the Governor, whose duty it shall be to
cause the issue to be placed on the ballot in the counties proposed to be affected at the next regular general election held later than sixty
days after the filing of the last petition or the date of the last grand jury recommendation, as the case may be, and publishing notice thereof once a week for two weeks in the newspaper in each county in which the sheriff's advertisements are published. Upon ratification by a majori ty of the electors voting in each of the counties affected thereby, said majority to be computed separately for each county, the General As sembly at the session next following such election shall designate by law, without regard to the provisions of Paragraph 5 thereof, the county site, the effective date of such merger, consolidation or division, as the case may be, subject to a limitation of two years from the action by the General Assembly, and shall provide for the election of county officers where required. The members of the General Assembly from all such counties shall serve the remainder of their terms for which they were elected. The General Assembly shall have the power by law to further implement this paragraph.

Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed except as provided by general law.

Paragraph 5. County Sites Changed, Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a majority vote of the General Assembly and the ratification by a two-thirds vote of the electors of the county voting at a regular general election.

Paragraph 6. Elections, Terms, and Compensation of Certain Of ficers.

(a) The Clerk of the Superior Court, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner where he has replaced the Tax Receiver and Tax Collector, Coroner, and Surveyor shall be elected by the electors of their county for terms of four years. Their qualifications, powers, and duties, and the grounds and procedure for their removal shall be as provided by general law.

(b) Subject to Article 2, Section 7, Paragraph 4, the General As sembly, by local or general Act, may abolish or consolidate any county office, except the Court of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision
therefor.

(c) County officers shall be compensated as the General Assembly may provide.
Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local or general Act, which shall include the authority to create a single county commissioner.

WEDNESDAY, JANUARY 14, 1970

131

Such commissioners shall be the governing authority of the county, and such local or general Act shall provide the qualifications, terms, and compensation and manner of election or appointment thereof. Such commissioners shall have the powers and duties provided in this Consti tution and such other powers and duties as may be provided by law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be ap pointed to fill a vacancy until the next general election, in such manner as may be provided by local or general Act. Nevertheless, this pro vision shall not operate to prevent the General Assembly from assign ing the duties of the governing authority of any county to the Court of Ordinary if it shall so elect in its discretion.

Paragraph 8. Powers of County Government. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, the governing authorities of counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes:

(a) Pay the expenses of administration of the county government.

(b) Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, sewer and water systems, airports, docks, facilities for mass transit sys tems for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
(c) Provide for the expenses of the operation of courts, maintain and support prisoners, and direct and pay the expenses of litigation affecting the county.
(d) Establish and conduct public health, solid waste disposal, and sanitation programs and provide for the collection and preservation of records of vital statistics.
(e) Establish and maintain a county police department.
(f) Provide medical and other care, including hospitalization, for the indigent sick.
(g) Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
(h) Establish, conduct and participate in programs of welfare benefits and public assistance as may be provided by law.
(i) Provide fire protection for all property, including forest lands, and conserve natural resources.
(j) Provide insurance, retirement and pension benefits, coverage

132

JOURNAL OF THE HOUSE,

under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for all officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their de pendents and survivors, shall be paid from education funds.

(k) Establish and maintain recreation facilities and programs.

(1) Purchase liability insurance to cover damages for which the county is liable, or for which immunity has been waived by the General Assembly under general law.

(m) In unincorporated areas a county may regulate traffic; regu late and impose licenses upon business and industry; adopt building, plumbing, and electrical codes; control air and water pollution; and in connection with any of said powers may provide a tribunal for hearing and for the punishment for infractions, provided, punishment for in fractions shall in no event exceed that prescribed by general law for a misdemeanor, and provided further that upon conviction, any person shall have the right to appeal same to the appropriate court wherein a jury trial may be had on said infraction.

SECTION 2
MUNICIPAL CORPORATIONS
Paragraph 1. Creation, The General Assembly shall have the power to incorporate, divide and dissolve municipal corporations, and the power to merge or consolidate one or more municipal corporations with each other or with one or more counties in such manner and under such procedures as it may provide by law.
Paragraph 2. Boundaries. The General Assembly shall have the power to alter the boundaries of municipal corporations by local law and to provide by general law the methods and procedures by which such boundaries may be altered.
Paragraph 3. Taxation. The General Assembly is authorized to grant the power of taxation to municipal corporations.
SECTION 3
GENERAL PROVISIONS
COUNTIES AND MUNICIPAL CORPORATIONS
Paragraph 1. Home Rule. The governing authority of each county and of each municipal corporation is hereby granted the legislative power to adopt ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with this Constitution

WEDNESDAY, JANUARY 14, 1970

13?

or any charter provision applicable thereto. This power shall also in clude the right to amend or repeal existing local legislation in the manner as may be prescribed by the General Assembly. The General Assembly is authorized to provide by law for additional powers of self-government of counties and municipal corporations and to delegate its legislative powers with respect thereto to be exercised subject only to statutes of general application pertaining to counties and municipal corporations.

Paragraph 2. Salaries and Benefits of County and Municipal Cor poration Employees; How Fixed. The governing authority of each county and of each municipal corporation is authorized to fix the number, salary, compensation and expenses of all county and municipal corporation employees and to establish, maintain and modify retire ment or pension systems, including existing retirement and pension systems, insurance, workmen's compensation, and hospitalization bene
fits for said employees.

Paragraph 3. Slum Clearance and Redevelopment, Authority of Counties, Municipal Corporations, and Housing Authorities to do Slum Clearance and Redevelopment Work. The General Assembly may pro vide by law that any county, municipal corporation, or any housing authority now or hereafter established may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, 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.

Paragraph 4. Zoning and Planning Laws. The General Assembly of the State shall have authority to grant the governing authorities of the municipal corporations and counties authority to pass zoning and planning laws whereby such municipal corporations or counties may be zoned or districted for various uses and other or different uses pro hibited therein, and may regulate the use for which said zones or dis tricts may be set apart, and may regulate the plans for development and improvements on real estate therein. The General Assembly is further authorized to provide by law for joint planning and zoning com missions and to provide the powers and duties thereof. The governing authority of each county and municipal corporation is hereby au thorized to participate in the costs of such planning commissions.

Paragraph 5. Consolidation or Transfer of Governmental Functions.
(a) The General Assembly may provide by law for the transfer by any municipal corporation to the county in which it is located any of its functions or powers and may provide for revocation of the trans fer of any such function or power; and may provide for the transfer by any county to another county or to a municipal corporation within its boundaries or adjacent thereto any of its functions or powers, and may provide for revocation of the transfer of any such function or power.

134

JOURNAL OF THE HOUSE,

(b) Except as limited by general law, any county or municipal corporation may agree to share the costs and responsibilities of func tions and services with any one or more other governments.

Paragraph 6. Eminent Domain. Each county, municipal corpora tion, and school district is hereby authorized to exercise the power of eminent domain.

ARTICLE 8
AMENDMENTS TO THE CONSTITUTION
SECTION 1
CONSTITUTION AMENDED, HOW
Paragraph 1. Proposals to Amend the Constitution; New Consti tution. Amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitutional conven tion as hereinafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be pro posed.
Paragraph 2. Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend this Constitution or for a new Constitution shall originate as a resolution in either the House of Representatives or the Senate and if approved by two-thirds of the elected membership of each House in a roll call vote entered on their respective journals, the Governor shall cause the full text of such pro posal to be published, as provided by law, in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately preceding the week containing the day of the general election at which such proposal is to be submitted, and such proposal shall be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment or new Constitution shall be in such words as the General Assembly may provide in the resolution, or in the failure there of, in such language as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote there on, unless the resolution proposing the amendment shall provide other wise. When more than one proposal to amend the Constitution is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.
Paragraph 3. Repeal or Amendment of Proposal. Any proposal to amend this Constitution or for a new Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the elected membership of each house in a roll

WEDNESDAY, JANUARY 14, 1970

135

call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

Paragraph 4. Constitutional Convention; How Called. No con vention of the people shall be called by the General Assembly to amend this Constitution, or to propose a new Constitution, unless by the con currence of two-thirds of all members of each House of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be amended or a new Constitution come into being until the proposal has been submitted and ratified by the people in the manner provided for submission and ratification of proposals by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate, and for other matters relative to such constitutional convention.

ARTICLE 9
MISCELLANEOUS PROVISIONS
SECTION 1
Paragraph 1. Continuation of Existing Laws. Except as other wise specifically provided herein, the officers of the State and all politi cal subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified, and all general, special, and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.
Paragraph 2. Continuation of Previous Constitutional Amendments. If constitutional at the time they became effective, amendments to the Constitution of 1877 which were continued in force by Article 7, Section 10 of the Constitution of 1945, amendments to the Constitution of 1945 which required a vote of the people of the political subdivision or sub divisions directly affected in order to be ratified, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be legal, valid, and constitutional under this Con stitution, and the rights, authority, and privileges granted under said amendments are hereby confirmed and approved and may be exercised as therein provided, unless expressly amended or repealed as herein after provided. Provided, however, that the amendment of Paragraph 1 of Section 3 of Article 6 of the Constitution of 1945 proposed by Geor gia Laws 1956, page 636, and ratified in the general election of Novem ber, 1956, providing that the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be eight years, shall not be continued of force. If constitutional at the time they be came effective, laws which were enacted pursuant to specific authoriza tion in any of the aforesaid amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this

136

JOURNAL OF THE HOUSE,

Constitution, and are hereby declared to be constitutional under this Con stitution.

If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directed affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby.

Paragraph 3. Special Provision with Respect to Local Constitutional Amendments Adopted at the General Election at which this Constitu tion is Adopted. All local constitutional amendments adopted under the procedure established in the Constitution of 1945 which are ratified at the general election at which this Constitution is ratified shall con tinue in force and effect as an amendment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Para graph 2 shall apply thereto.

Paragraph 4. Interim Provisions Respecting Terms of Elected Offi cers. All elected officers in office on the effective date of this Constitu tion shall serve for the terms to which elected.

SECTION 2
EXISTING BOARDS, COMMISSIONS, AND AUTHORITIES
Paragraph 1. All existing boards, commissions, and authorities not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities, and all existing constitutional and statutory provisions relating thereto shall remain in full force and effect as statutory law until changed by the General Assembly.

SECTION 3
DEVELOPMENT AUTHORITIES
Paragraph 1. The development of trade, commerce, industry, and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create development authorities to promote and further such pur poses or may authorize the creation of such authority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, proper ties, activities, or income and may authorize the issuance of revenue obligations by such authorities which shall not constitute an indebtedness

WEDNESDAY, JANUARY 14, 1970

137

of the State. The General Assembly may provide for the validation of any revenue obligations authorized, and that such validation shall thereafter be incontestable and conclusive.

SECTION 4 EFFECTIVE DATE
This Constitution shall become effective on July 1, 1971.
Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article 13, Section 1, Para graph 1 of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed new Constitution shall have written or printed thereon the following:
"YES ( ) Shall the proposed new Constitution be ratified as NO ( ) the new Constitution of the State of Georgia?"
All persons desiring to vote in favor of ratifying the new Constitu tion shall vote "Yes." All persons desiring to vote against ratifying the new Constitution shall vote "No."
If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the new Constitution of the State of Georgia.

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:

HR 514-1028. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, McCracken of the 36th, Harris of the 77th and Dodson of the 82nd:

The following Committee substitute was read:
A RESOLUTION
Proposing a new Constitution for the State of Georgia to be pre sented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effec tive date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. If ratified by the people at the general election in 1970, the following shall be the Constitution of the State of Georgia:

138

JOURNAL OF THE HOUSE,

CONSTITUTION OF THE
STATE OF GEORGIA PREAMBLE

To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.

ARTICLE 1
BILL OF RIGHTS
SECTION 1
Paragraph 1. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them.
Paragraph 2. Protection the Duty of Government. Protection to person and property is 'the paramount duty of government, and shall be impartial and complete.
Paragraph 3. Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, sex, national origin, religion or ancestry.
Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished on demand, with a copy of the accusation and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph 6. Crimination of Self Not Compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.

WEDNESDAY, JANUARY 14, 1970

139

Paragraph 7. Jeopardy of Life or Liberty More than Once For bidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his or her own motion for a new trial after conviction, or in case of mistrial.

Paragraph 8. Bail; Fines; Punishment; Arrest; Abuse of Prison ers. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

Paragraph 9. Cost in Criminal Cases. No person shall be com pelled to pay costs or suffer any lien against his property therefor, except after conviction and final adjudication on appeal, if any.

Paragraph 10. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.

Paragraph 11. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on ac count of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with public peace and safety.

Paragraph 12. Appropriations to Churches, Sects, etc., Forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.

Paragraph 13. Freedom of Speech and Press. Freedom of speech and of the press shall not be curtailed or restrained; any person may speak, write and publish his sentiments, on all subjects, being respon sible for the abuse of that freedom.

Paragraph 14. Searches, Seizures, Interceptions, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communication by any means, shall not be violated, and no warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describ
ing the place, or places, to be searched, the persons or things to be seized, or the communication to be intercepted.

Paragraph 15. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph 16. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.

140

JOURNAL OP THE HOUSE,

Paragraph 17. Civil Authority Superior to Military. The civil au thority shall be superior to the military.

Paragraph 18. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

Paragraph 19. Imprisonment for Debt. There shall be no imprison ment for debt.

Paragraph 20. Right to Keep and Bear Arms. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be kept and borne.

Paragraph 21. Legislative, Judicial, and Executive Powers, Sepa rate. The legislative, judicial, and executive powers shall forever re main separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as herein provided.

Paragraph 22. Right to Assemble and Petition. The people shall have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.

Paragraph 23. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship.

Paragraph 24. Attainder; Ex Post Facto and Retroactive Laws, In fringement of Contracts, Special Privileges. No bill or attainder, ex post facto law, retroactive law, or law impairing the obligation of con tracts, or making irrevocable grant of special privileges or immunities, shall be passed.

Paragraph 25. Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1,600.00 and shall have au thority to define a homestead and those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation, and encum brance thereof; and to provide for the waiver of said exemptions by the debtor.

SECTION 2.
Paragraph 1. State Rights. The people of this State have the in herent, sole, and exclusive right of regulating their internal govern ment, and the police thereof, and of altering and abolishing their Con stitution whenever it may be necessary to their safety and happiness.

WEDNESDAY, JANUARY 14, 1970

141

Paragraph 2. Powers of Government. The enumeration in this Constitution of specified powers and functions shall be construed neither as a grant of nor as a limitation on the powers of State government, but the State government shall have all of the powers not denied by this Constitution or by or under the Constitution of the United States.

SECTION 3.
ELECTIONS
Paragraph 1. Elections by Ballot; Elector Defined. In all elections by the people, the electors shall vote by secret ballot. Every citizen of this State at least 18 years of age and a resident of this State possessing the qualifications provided by law and authorized under this section, and not laboring under any of the disqualifications or disabili ties provided by law under this section, shall be an elector and entitled to register and vote at any election or nomination of candidates, but the General Assembly may by law establish: (1) minimum periods of residence not in excess of one year; (2) reasonable requirements of literacy and education; (3) disqualifications for voting for mental incompetency or conviction of crime.
Paragraph 2. General Assembly to Prescribe for Exercise of Elec tive Franchise. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residence for voting purposes, provide for the manner and place of voting, and provide for the administration of elections and the nomination of candidates.
Paragraph 3. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, theft, and breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.
Paragraph 4. General Election. A general election shall be held every two years during-even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday in November.
Paragraph 5. Write-in-Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given ten or more days prior to the election by the per son to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election in the manner as pro vided by general law.
Paragraph 6. Disqualification of Persons to Hold Office. The General Assembly may provide that no person who has been convicted of a crime, who is mentally incompetent, or who is the holder of public money illegally shall be eligible to hold any office or appointment of honor or trust in this State.

142

JOURNAL OP THE HOUSE,

SECTION 4.

EMINENT DOMAIN

Paragraph 1. Eminent Domain. The exercise of the right of emi nent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. The power of eminent domain having been granted to counties, municipal corporations, and school districts under Article 7, Section 3, Paragraph 6, the General Assembly is hereby authorized to grant the power of eminent domain to any other political subdivision, public corporation, or public utility, to be exercised only for public pur poses.

Paragraph 2. Private Ways; Public Purposes; Just Compensation. In case of necessity, private ways may be granted upon just compensa tion being first paid by the applicant. Private property shall not be taken or damaged for public purposes without just and adequate com pensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State, the counties, and the municipal corporations of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the im provements, or the anticipation thereof, in connection with which the right of eminent domain is exercised. The General Assembly may pro vide by law that replacement value may be a factor in determining just and adequate compensation.

Paragraph 3. Outdoor Advertising and Junkyards. In order to comply with federal law providing for control of outdoor advertising and junkyards adjacent to the roads of the Federal-aid highway sys tems therein:

(a) The State of Georgia, acting by and through the State High way Department, is authorized to acquire any interest in property for
the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junkyards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and

(b) The General Assembly may zone property adjacent to the public roads of such Federal-aid highway systems for commercial or

WEDNESDAY, JANUARY 14, 1970

143

industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or con trol of junkyards and may provide for rules and regulations governing advertising and junkyards adjacent to such roads.

ARTICLE 2
LEGISLATIVE BRANCH
SECTION 1
Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Each house shall determine its rules of procedure.
SECTION 2
Paragraph 1. Composition of General Assembly.
(a) Senate. The Senate shall consist of no less than 45 or no more than 60 Senators, as determined by the General Assembly, and one Senator shall be elected from each district.
(b) House of Representatives. The House of Representatives shall consist of no less than 150 and no more than 195 members elected from districts as determined by the General Assembly.
Paragraph 2. Apportionment of General Assembly. The appor tionment of the Senate and of the House of Representatives shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. No reapportionment pursuant to this Section shall affect any then incumbent member of either house and such members may continue to serve during the remainder of the term for which they were elected.
Paragraph 3. Qualifications of Members of General Assembly. At the time of their election, the members of the General Assembly shall be citizens of the United States, shall be at least 18 years of age, shall have been citizens of this State for at least two years, and shall have been residents of the territory embraced within the district from which elected for at least 90 days.
Paragraph 4. Eligibility. No person on active duty with any branch of the Armed Forces of the United States, and no person holding any civil appointment or office having any emolument or compensation an nexed thereto under the United States, this State or any other State, except members of the National Guard or Reserve Armed Forces, shall have a seat in either house. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first

144

JOURNAL OF THE HOUSE,

resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term.

Paragraph 5. Election and Terms of Members. Members of the Senate and House of Representatives shall be elected by the qualified electors of their respective districts for a term of two years.

Paragraph 6. Oath of Members. Each Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interest and prosperity of this State."

Paragraph 7. Vacancies. When a vacancy occurs in the General Assembly it shall be filled as provided by law. The seat of a member of either house shall be vacant upon the removal of his legal residence from the district from which he was elected.

Paragraph 8. Compensation of Members. The members of the General Assembly shall receive an annual salary and such allowances as may be prescribed by law, but any increase or decrease in the amount thereof shall not apply to the General Assembly which enacted the same.

SECTION 3

Paragraph 1. Meeting, Time Limit, and Adjournment. The General Assembly shall be a continuous body during the term for which the members thereof are elected. The General Assembly shall meet in regu lar session annually on the first Monday in February and may con tinue in session for a period no longer than 60 days; provided, however, that by an affirmative vote of two-thirds of the members elected to each house, a regular session may be extended for a period no longer than 20 days. The vote as to any such extension shall be taken not later than 45 days following the convening of such regular session. If an impeachment trial is pending at the end of any session, the House of Representatives may adjourn and the Senate may remain in session until such trial is completed.

Paragraph 2. Organization and Procedure.

(a) Election, Returns, Etc.; Disorderly Conduct. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or mis conduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the house to which he belongs.

(b) President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate.

(c) Speaker of the House of Representatives. The presiding officer

WEDNESDAY, JANUARY 14, 1970

145

of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the membership of the House of Representatives by a majority of its membership by a roll call vote thereof.

(d) Officers, Employees, and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempora of the Senate and Speaker Pro Tempore of the House of Representatives, shall be elected from the membership of their respective houses and such officers and the Secretary and Clerk shall be elected by a majority of the membership of the respective house in which they are to serve. The President Pro Tempore shall act as President in case of the death,, resignation, or disability of the President, or in the event of the succes sion of the President to the executive power. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation, or disability of the Speaker, or in the event of the succession of the Speaker to the execu tive power. Each house is hereby authorized to provide for its own assis tants and employees and fix the compensation therefor. Interim com mittees may be created by or pursuant to authority of the General As sembly or either house.

Paragraph 3. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may provide.

Paragraph 4. Contempts, How Punished. Each house may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either house.

Paragraph 5. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning there from, except for felony. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of either house.

Paragraph 6. Adjournments. Except as otherwise provided in this. Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of dis agreement between the two houses on a question of adjournment, theGovernor may adjourn either or both of them.

SECTION 4 IMPEACHMENT Paragraph 1. Power to Impeach, Trial of Impeachments. The-

146

JOURNAL OP THE HOUSE,

House of Representatives shall have the sole power to vote impeach ment charges against any person who shall have been or may be in of fice, and the Senate shall have the sole power to try impeachments. The General Assembly is hereby authorized to provide by law for the procedure for voting impeachment charges and trying impeachments. Such law may also provide that the Chief Justice of the Supreme Court shall preside over impeachment trials. No person shall be convicted without the concurrence of two-thirds of the membership of the Senate.

Paragraph 2. Judgments in Impeachment. In cases of impeach ment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State or to receive a pension therefrom, but no such judgment shall relieve any party from any criminal or civil liabili
ty.

SECTION 5
PASSAGE OF BILLS AND EXERCISE OF POWERS
Paragraph 1. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or contains matter dif ferent from what is expressed in the title thereof.
Paragraph 2. Statutes and Sections of Code, How Amended. No law, or section of the Code, shall be amended or repealed by mere refer ence to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
Paragraph 3. General Laws, Uniform Operation, Limitation on Local Laws. Laws of a general nature shall have uniform operation throughout the State, and, except as otherwise provided in this Con stitution, no local or special law may be enacted in any case for which provision has been made by general law.
Paragraph 4. Advertisement of Notice to Introduce Local Legisla tion. The General Assembly shall provide by law for the advirtisement of notice of intention to introduce local or special bills.
Paragraph 5. Bills to be Read. The title of every bill and every resolution intended to have the effect of law shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon, but the third reading of general bills and resolutions shall be in their entirety.
Paragraph 6. When Roll Call Vote Taken. At the desire of onefifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, the yeas and nays on the passage or rejection thereof shall be entered on the journal.

WEDNESDAY, JANUARY 14, 1970

147

Paragraph 7. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the official records of the proceedings of each house.

Paragraph 8. Majority of Members to Pass Bill. No bill shall be come law unless it shall receive a majority of the votes of all the mem bers elected to each house of the General Assembly, and such vote shall appear on the journal of each house.

Paragraph 9. Acts Signed. All acts shall be signed by the Presi dent of the Senate and the Speaker of the House of Representatives.

Paragraph 10. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be again proposed in the same or similar form during the same regular or extraordinary session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.

Paragraph 11. Approval, Veto, Override of Veto, and Effective Date of Bills and Resolutions.

(a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within 15 days from the date of passage unless the General Assembly adjourns sine die prior to the expiration of said 15 days. Each resolution or bill shall be trans mitted to the Governor no later than the third day after its passage by the General Assembly.

(b) In the case of such adjournment sine die prior to the expiration of said 15 days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Governor with in 30 days from the date of such adjournment.

(c) The Governor shall have the duty to transmit any bill or resolu tion vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within two days, ex cluding Saturdays and Sundays, from the date of veto if the General Assembly is in session and within thirty-five days from the date of ad journment sine die of the General Assembly if adjourned prior to the expiration of said two days.

(d) Upon motion adopted by such house after receipt of such vetoed bill or resolution before adjournment, such bill or resolution shall be immediately considered for the purpose of overriding the veto. The Gen eral Assembly may reconvene on the first Monday following the thirtyfifth day after adjournment sine die upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of considering any bills and resolutions vetoed by the Governor

148

JOURNAL OF THE HOUSE,

and transmitted to the proper presiding officer after adjournment sine die. If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die, such vetoed bills and resolutions shall be considered within the first ten days of the following sessions of the General Assembly upon a motion being adopted by the house in which the vetoed bill or resolution originated, and such bill or resolution shall be considered immediately for the purpose of overriding
the veto.

(e) If two-thirds of the members elected to such house vote to override the veto of the Governor on any bill or resolution, the same shall be immediately transmitted to the other house wherein such bill or resolution shall be immediately considered for the purpose of over riding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other house, such bill or resolution shall become law. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.

(f) The Governor may approve any appropriation and veto any other appropriation in the same bill and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.

(g) The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.

(h) The General Assembly shall provide by law for the determina tion of the effective date of any bill or resolution approved by the Governor or becoming law without his approval.

SECTION 6
REVENUE BILLS AND APPROPRIATIONS
Paragraph 1. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.
Paragraph 2. Preparation, Submission, and Enactment of General Appropriations Bill.
(a) The Governor shall submit to the General Assembly within five days after its convening in regular session of each year a budget message and a budget report accompanied by a draft of a General Ap propriations Bill, in such form and manner as may be prescribed by law, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the .current expenses of the State for the next fiscal year.

WEDNESDAY, JANUARY 14, 1970

149

(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth day of June following.

(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.

Paragraph 3. General Appropriations Act.

(a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations re quired by this Constitution and those required to meet contractual ob ligations authorized by this Constitution and the continued appropriation of Federal grants.

(b) The General Assembly shall not appropriate funds for any given fiscal year which, in the aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing
revenue sources anticipated to be collected in the fiscal year, less refunds as estimated in the Budget Report and amendments thereto.

(c) All appropriated funds, except for the mandatory appropria tions required by this Constitution, remaining unexpended and not con tractually obligated at the expiration of such General Appropriations Act, shall lapse.

(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.

(e) The General Appropriations Act shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the executive, legislative, and judicial departments of the government, pay ment of the public debt and interest thereon, and for support of the pub lic institutions and educational interests of the State.

Paragraph 4. Appropriations to be for Specific Sums. The ap propriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any ob ject the proceeds of any particular tax or fund or a part or percentage thereof.

Paragraph 5. Public Money, How Drawn. No money shall be drawn from the treasury except by appropriation made by law.

150

JOURNAL OF THE HOUSE,

SECTION 7

Paragraph 1. Incorporation, How Granted. The General Assembly shall have no power to grant incorporation to private companies or private associations, but it shall prescribe by law the manner in which such companies or associations may obtain incorporation, provided that all corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express, telegraph, and telephone companies shall be issued and granted by the Secretary of State in such manner as is now or shall be prescribed by the General Assembly. Nothing in this section shall impair the validity of any incorporation statutes enacted in ac cordance with any prior Constitution of this State or impair the ex istence of any corporation formed pursuant to any such statutes.

Paragraph 2. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.

Paragraph 3. Salaries of Elected Officials. The General Assembly may provide for the compensation of all elective officers provided for in this Constitution and change the same, but no change increasing or diminishing the amount of such compensation shall become effective before the end of the term of office which the affected official is serv ing when such change is made.

Paragraph 4. Terms of Elected Officials. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the peo ple of the jurisdiction affected in a referendum on the question.

Paragraph 5. Public Utilities, Tariffs and Charges, Rebates.

(a) The power and authority of regulating railroad freight and passenger tariffs and charges of public utilities for their services, of preventing unjust discriminations, and of requiring reasonable and just rates for freight and passenger tariffs and of charges of public utili ties, is hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipal corporation of this State, except as provided in this Constitution.

(b) Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments

WEDNESDAY, JANUARY 14, 1970

151

shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

Paragraph 6. Charters Revised or Amended Subject to Constitu tion. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corpora tion, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution, and every amendment of any charter of any corporation in this State, or any spe cial law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.

Paragraph 7. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the pro visions of this paragraph by appropriate legislation.

Paragraph 8. Regulation of Insurance Companies. The General Assembly shall provide by law for the regulation of foreign and do mestic insurance companies doing business in this State.

Paragraph 9. Agricultural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of any one or all of the agri cultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including pro visions for quality or product control or both may be instituted, con tinued, or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instru mentalities, public corporations, authorities, and commissions to admin ister such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower, or repeal assessments, fees, or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a speci fied vote of the producers of the affected product in a referendum and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program with out the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Depart ment of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.

152

JOURNAL OF THE HOUSE,

SECTION 8

EMERGENCY POWERS OF THE GENERAL ASSEMBLY

Paragraph 1. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency re sulting from disasters caused by enemy attack, shall have the power and the immediate duty:

(a) To provide for prompt and temporary succession to the powers and duties of persons holding office in the executive, judicial, and legis lative branches of State and local government, whether filled by elec tion or appointment; and the incumbents of which may become unavail able for carrying on the powers and duties of such offices during such emergency; and

(b) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.

ARTICLE 3
JUDICIAL BRANCH
SECTION 1
COURTS
Paragraph 1. Courts Enumerated. The judicial power of the State shall be vested exclusively in a unified judicial system which shall con sist of one Supreme Court, one Court of Appeals, Superior Courts, and Courts of Ordinary, together with other existing Courts until such other existing Courts are abolished as provided in Paragraph 2 hereof. How ever, the General Assembly may provide for Courts having jurisdiction to commit for State offenses and to try violations of municipal or dinances only.
Paragraph 2. Abolition of Existing Courts and Reorganization of Superior Courts and Courts of Ordinary. Other existing Courts, men tioned in Paragraph 1 hereof, shall be continued in existence until abolished by the General Assembly. The General Assembly may abolish any such other existing Court, and when so abolished, its jurisdiction and powers shall vest in an existing Court or in the Superior Court of the circuit wherein it was located, as may be provided by law. The Gen eral Assembly may, as need arises, provide for one or more Associate Judges of any Superior Court or Court of Ordinary. The Chief Judge of the respective Superior Courts or the Judge of the Courts of Or dinary shall exercise supervision over all such Associate Judges in their respective Courts and may by order establish divisions of their respective courts, assign Associate Judges to preside in one or more of the divisions and provide for the orderly and efficient disposition of

WEDNESDAY, JANUARY 14, 1970

153

the Court's business through the divisions. The qualifications of As sociate Judges of the Superior Court and Courts of Ordinary, the manner of selection, retirement, removal, and term of office shall be the same as prescribed for Judges of such respective Courts. The com pensation shall be that prescribed by general law, but such provisions as to compensation may be made without regard to uniformity.

SECTION 2
THE SUPREME COURT
Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven Justices who shall, from time to time as they deem proper, elect one of their members as Chief Justice, and one as Pre siding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum.
Paragraph 2. Jurisdiction.
(a) Original Jurisdiction. Except as herein provided, the Supreme Court shall have no original jurisdiction, but shall have power to issue all writs necessary or appropriate in the exercise of its appellate juris diction and in the performance of its duties, including the power to grant supersedeas at any time after the notice of appeal is filed in the trial court. The Supreme Court shall have original and exclusive juris diction upon petition of at least three of the elected executive officers named in this Constitution to determine the disability of the Governor or other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability.
(b) Appellate Jurisdiction. The Supreme Court shall have ex clusive jurisdiction of appeals from the Superior Courts and such other Courts as were heretofore authorized by law in cases that involve the construction of the Constitution of the State of Georgia, or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; in all cases of conviction of a capital felony; and until otherwise provided by law: (1) in all cases respecting title to land; (2) in all equity cases; (3) in all cases which involve the validity of, or the construction of wills; (4) in all habeas corpus cases; (5) in all cases involving extra ordinary remedies; and (6) in all questions certified to it by the Court of Appeals for its determination. The Supreme Court shall have power to require any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The decisions of the Supreme Court shall bind all other Courts of this State as precedent.
Paragraph 3. Practice of Law. The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of

154

JOURNAL OF THE HOUSE,

law, organization of the bar, standards of professional conduct, and the discipline of members of the bar including the power to review de terminations relating to the discipline of members of the bar.

SECTION 3

THE COURT OF APPEALS

Paragraph 1. Judges of the Court of Appeals. The Court of Ap peals shall consist of such number of Judges as may now or hereafter be provided by law. The Court may from time to time elect one of its members as Chief Judge and such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of practice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court.

Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its appellate jurisdiction and in the perform ance of its duties, including the power to grant supersedeas at any time after the notice of appeal is filed in the trial Court.

(b) Appellate Jurisdiction. The Court of Appeals, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, shall have jurisdiction of appeals from the Superior Courts and other existing Courts, as may be provided by law.

(c) Certifications to Supreme Court for Determination. The Court of Appeals may certify a question or questions to the Supreme Court for answer or determination and shall do so in the event of an equal division between the Judges of the Court of Appeals.

SECTION 4

SUPERIOR COURTS

Paragraph 1. Composition. There shall be such number of judicial circuits with such number of Superior Court Judges therein as may be prescribed by the General Assembly from time to time.

Paragraph 2. Tenure, Election, and Terms of Judges of the Superior Courts.

(a) Tenure. Judges of the Superior Court shall hold office for a term of four years and until their successors are elected and qualified.

(b) Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms.

WEDNESDAY, JANUARY 14, 1970

155

(c) Terms. The terms of the Judges, except in the case of an ap pointment to fill a vacancy, shall begin on the first day of January after their elections.

Paragraph 3. Exclusive Jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases.

Paragraph 4. General Jurisdiction. The Superior Courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or otherwise provided by this Constitution or by law. The Superior Courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. The Judges of said Courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by inter locutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.

SECTION 5
COURT OF ORDINARY
Paargraph 1. Courts of Ordinary. There shall be a Court of Or dinary in each county, the power of which shall be vested in a Judge of the Court of Ordinary whose qualifications shall be prescribed by law. The Ordinaries of the several counties shall serve as the Judges of the respective Courts of Ordinary until the general election following the effective date of this Constitution.
Paragraph 2. Jurisdiction. The Courts of Ordinary shall have juris diction of probate matters, and such other jurisdiction and powers as may be conferred upon them by law.
Paragraph 3. Term of Office. The Judge of the Court of Ordinary shall hold office for the term of four years and until his successor is elected and qualified.
Paragraph 4. Duties and Responsibilities. The Judges of the several Courts of Ordinary shall perform all the duties and responsi bilities of the Ordinaries of the respective counties as may be provided by law at the time of the effective date of this Constitution until other wise provided by law. Said Judges of the several Courts of Ordinary may delegate all duties and responsibilities of the Ordinary as so pro vided by law, except such matters as may be specifically provided for the several Courts of Ordinary, to a clerk of the Court of Ordinary by proper order entered upon the minutes of said Court.

156

JOURNAL OF THE HOUSE,

Paragraph 5. Eligibility. Eligibility and qualifications for Judges of the Courts of Ordinary shall be such as is provided by law.

Paragraph 6. Vacancies. Vacancies in the office of Judge of Court of Ordinary shall be filled as provided by law.

SECTION 6

QUALIFICATIONS OF JUSTICES AND JUDGES

Paragraph 1. Age, Citizenship, Practice of Law. No person shall be a Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which he was elected or appointed he shall be at least thirty years and not more than seventy years, of age; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the State Bar of Georgia, and any Judge of the Superior Court shall have been a resi dent of the territory comprising the circuit in which he is elected or appointed for one year next preceding his election or appointment.

SECTION 7
SELECTION AND TENURE OF JUSTICES OF SUPREME COURT,
JUDGES OF THE COURT OF APPEALS, AND
JUDGES AND ASSOCIATE JUDGES OF THE SUPERIOR COURTS
Paragraph 1. Judicial Nominating Commission. There shall be a Judicial Nominating Commission for the Supreme Court and the Court of Appeals for the purpose of submitting nominations to the Governor in accordance with Paragraph 2 hereof. The Commission shall consist of two members from each Congressional District plus one additional mem ber. The members of the Board of Governors of the State Bar of Georgia from each Congressional District shall elect one member of the State Bar from their district who shall have practiced law in this State for at least seven years to serve as a member of the Commission. The Governor shall appoint a citizen from each Congressional District to serve as a member of the Commission. Of the initial membership of the Commission, four of the members elected by the Board of Governors and four of the members appointed by the Governor shall serve for terms of two years each; three elected by the Board of Governors and three appointed by the Governor shall serve for four years each; and all other members elected by the Board of Governors and appointed by the Governor shall serve for six years each. Thereafter, all of said members shall serve for terms of six years each and until their suc cessors are elected or appointed and have qualified. No member of the Commission shall be eligible to succeed himself nor may any mem ber elected by the Board of Governors be succeeded by any member or associate in his law firm. When a vacancy occurs or a member ceases to possess the qualifications which entitled him to be elected or appointed a member, the electing or appointing authority shall select his suc cessor for the unexpired term. The additional member shall be the

WEDNESDAY, JANUARY 14, 1970

157

latest past president of the State Bar of Georgia then in life and not declining, who shall serve for a term of one year or until his suc cessor has qualified. A majority of the Commission shall constitute a quorum. The Commission shall select one of its members to serve as chairman. Before designating nominees to fill any vacancy, the Com mission shall hold at least one meeting to receive recommendations regarding such nominations. No member of the Commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. No member of the Commission shall hold any other pub lic office or office in a political party or organization and he shall not be eligible for appointment to a State judicial office so long as he is a member of the Commission and for a period of three years there after.

Paragraph 2. Nomination and Appointment. A vacancy in the of fice of Justice of the Supreme Court or Judge of the Court of Ap peals shall be filled by the Governor from a list of three nominees presented to him by the Judicial Nominating Commission.

Paragraph 3. Tenure of Supreme Court and Court of Appeals. At the general election following the expiration of three years from the date of his appointment, and every six years thereafter, so long as he retains his office, every Justice of the Supreme Court and Judge of the Court of Appeals shall be subject to approval or rejection by the electorate. The electorate of the entire State shall vote on the question of approval or rejection. The General Assembly shall by law provide the appropriate procedure for carrying these provisions into effect.

Paragraph 4. Vacancies. The Governor shall fill by appointment each vacancy in the office of Judge and Associate Judge of the Su perior Court. The person appointed shall hold office until the first day of January next following the election and qualification of his successor. At the next regular general election held more than thirty days from the time such vacancy occurs, a successor for the unexpired term shall be elected. A judicial nominating commission for Judges and Associate Judges of the Superior Court may be established by law, and appointments to such judicial offices may be limited to nominees of such commissions.

SECTION 8
COMPENSATION OP JUSTICES OF THE SUPREME COURT,
JUDGES OP THE COURT OP APPEALS, JUDGES OF THE
SUPERIOR COURTS, AND JUDGES OP COURTS OP ORDINARY
Paragraph 1. Salary. The compensation of Justices of the Su preme Court and Judges of the Court of Appeals and Superior Courts shall be fixed by statute and shall not be increased or diminished dur ing the term for which the Justice or Judge was appointed or elected. Compensation of Judges of the Courts of Ordinary shall be as the Gen eral Assembly may provide. Compensation for Ordinaries for the

158

JOURNAL OP THE HOUSE,

several counties of this State provided by law at the time of the rati fication of this Constitution shall be the compensation of the several Judges of the Courts of Ordinary in each county respectively until
changed by law.

Paragraph 2. Retirement.

(a) The General Assembly may provide by law for the retirement, including compulsory retirement, of Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, and Judges of the Courts of Ordinary, and may provide survivors' benefits for their widows and other dependents.

(b) Judges of the Courts of Ordinary shall be eligible for mem bership and participation in the Ordinaries' Retirement Fund of Geor gia heretofore provided for Ordinaries and their widows and as may here after be provided by law.

SECTION 9

JUDICIAL ADMINISTRATION

Paragraph 1. Administrator of Courts. The Supreme Court shall be the executive head of the judicial system and may appoint an ad ministrator of the Courts and such assistants as it deems necessary to aid the administration of the Courts of the State.
Paragraph 2. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any Jus tice or Judge including retired and emeritus Justices or Judges, of the State to sit temporarily in any State Court when any Justice or Judge is disqualified or incapacitated and in any other case where the Su preme Court deems such assignment necessary to aid the prompt dis position of judicial business.

SECTION 10

VENUE AND JURY TRIAL

Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the Judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be provided by law; provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished, the venUe for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be pre scribed by law.
Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the county where the defendant resides unless otherwise provided by law.

WEDNESDAY, JANUARY 14, 1970

159

Paragraph 3. Jury Trial. The right of trial by jury in suits at common law, and to the extent conferred by statute, from time to time, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior Courts, where there shall be twelve, unless otherwise agreed by the parties. The General Assembly may also provide by law for alternate jurors. The court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed within the time re quired by law, subject to the right of the trial judge to require the verdict of a jury in determining the amount of damages in cases involv ing unliquidated damages.

SECTION 11
DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT
Paragraph 1. Discipline, Removal and Involuntary Retirement. The General Assembly shall provide by law the procedure and method for the discipline, removal, and involuntary retirement of Justices of the Supreme Court, Judges of the Court of Appeals, Judges and Associate Judges of Superior Courts, Judges of the Courts of Ordinary, and Judges of any other Courts of this State. This Section is cumulative with the methods of removal elsewhere provided in this Constitution.

ARTICLE 4
EXECUTIVE BRANCH
SECTION 1
EXECUTIVE OFFICERS
Paragraph 1. Elected Executive Officers, Terms of Office, Salaries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, and Comptroller General, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, per quisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of govern ment on business for the State.
Paragraph 2. Qualifications of Elected Executive Officers. No per son shall be eligible to hold any elective executive office of this State unless he shall have been a citizen of the United States for at least fifteen years and shall have resided in this State at least six years immediately preceding the time of the beginning of the term of office to which he was elected or the time of his appointment and shall be at least thirty years, and not more than seventy years, of age when elected or appointed. No person shall be elected or appointed Attorney General unless at the time of the beginning of the term of office to which he was elected or the time of his appointment he shall have prac-

160

JOURNAL OF THE HOUSE,

ticed law in the State for at least ten years and shall be qualified at the time of his election or appointment to practice law in the Courts of this State. The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office.

Paragraph 3. Other Executive Officers. The General Assembly shall have the power, not inconsistent with the provisions of this Constitution, to create other executive officers not provided for in this Constitution and prescribe each of such officer's respective qualifica tions, duties, authority, compensation, term, and method of appoint
ment or selection.

Paragraph 4. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirma tion as may be prescribed by law.

SECTION 2
DUTIES AND POWERS OF GOVERNOR
Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers, of the Governor as the chief executive officer of the State.
Paragraph 2. Veto Power. Except as otherwise provided herein, the Governor shall have the right to review all bills and all resolutions intended to have the effect of law which have been passed by the Gen eral Assembly before they shall become law. He may veto, approve, or take no action on any such bill or resolution. In the event the Gov ernor vetoes any such bill or resolution, the General Assembly may by a two-thirds vote, override such veto as provided in Article 2, Section 5, of this Constitution.
Paragraph 3. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor who shall be Commander-in-Chief of the militia. The General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon, and rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia.
Paragraph 4. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason,

WEDNESDAY, JANUARY 14, 1970

161

the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve.

Paragraph 5. Law Enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the State.

Paragraph 6. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives, where such vacancy would cause a district to be without full representation in a session of the General Assembly. The General Assembly shall provide by law the procedure relative to the
issuance of such writs and the election to fill such vacancies.

Paragraph 7. Information and Recommendations to the General Assembly. The Governor shall give the General Assembly, at the be ginning of each regular session and from time to time, information of the state of the State and recommended to its consideration such meas ures as he may deem necessary or expedient.

Paragraph 8. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session or in any amendment to such proclamation. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes when ever three-fifths of the members elected to each house certify to him, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to so do with in three days, Sundays excluded, after receipt of such certification, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extraordinary ses sion convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed.

Paragraph 9. Filling Vacancies. Unless otherwise provided for in his Constitution, the General Assembly is hereby authorized to provide
by law the manner in which a vacancy in any public office shall be filled. If no provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a per son to fill such vacancy for the unexpired term.

Paragraph 10. Information from Officers and Employees. The Governor may require information in writing from constitutional of ficers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The Gen eral Assembly shall have the authority to provide by law for the suspension of any constitutional officer or department head from the

162

JOURNAL OF THE HOUSE,

discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same.

Paragraph 11. Appointments by Governor; Method; Rejection; Failure to Submit. The Governor shall make such appointments as he - ' is or may be authorized to do by this Constitution or by law. All such appointments to offices or positions created by this Constitution or by law, unless otherwise specifically provided in this Constitution or by law, shall be submitted by the Governor to the Senate for confirmation
or rejection within ten days after the General Assembly next convenes in regular session, or, if the General Assembly is in regular session
when the appointment is made, not less than ten days before the end of such session, or if made within ten days of adjournment, then not later than the : day after such appointment. No person after being rejected by the Senate shall again be appointed to the same office for a period of at least one year after the date the Senate failed to confirm such appointment. The failure of the Governor to send to the Senate the name of any person appointed to office as herein pro vided shall be equivalent to a rejection thereof. The failure of the Senate to confirm or reject the appointment of any person whose name is submitted to the Senate as herein provided shall be equivalent to con firmation thereof. No Governor, after his successor is elected, shall sub mit appointments to the Senate prior to his successor's taking office.

SECTION 3
ELECTION AND DUTIES OF LIEUTENANT GOVERNOR
Paragraph 1. Election of Lieutenant Governor. The Lieutenant Governor shall be elected at the same time and for the same term as the Governor.
Paragraph 2. Duties of Lieutenant Governor. The Lieutenant Governor shall be the presiding officer of the Senate and shall have no vote except to break a tie. He shall perform such other duties as may now or hereafter be prescribed by this Constitution or by law.
Paragraph 3. Exercise of Executive Power.
(a) In case of the death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which time a successor to the Governor shall be elected for the unexpired term. If such death, resignation or removal from office shall occur within thirty (30) days of the next general election, or if the term will expire within ninety (90) days after the next general election, the Lieutenant Governor shall exercise the execu tive power and receive the compensation of the Governor for the unex pired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the same com pensation as the Governor until the cessation of such disability. The Gen eral Assembly shall provide by law the amount of compensation which shall be received by a Governor suffering from disability.

WEDNESDAY, JANUARY 14, 1970

163

(b) In the event the Governor-elect who is elected for a full term, because of death or other reason, does not take office as Governor, the Lieutenant Governor-elect upon becoming Lieutenant Governor, shall exercise the executive power and receive the compensation of the Gov ernor until the next general election, at which time a successor to the Governor shall be elected for the unexpired term.

(c) In the event the Governor-elect who is elected to fill an un expired term, because of death or other reason, does take office as Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for said unexpired term.

(c) In the event the Governor-elect who is elected to fill an unex pired term, because of death or other reason, does not take office as Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for said unexpired term.

SECTION 4
EXERCISE OF EXECUTIVE POWER BY PERSONS
OTHER THAN THE GOVERNOR OR
LIEUTENANT GOVERNOR
Paragraph 1. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the next general election, at which time a successor to the Governor shall be elected for the un expired term. If such death, resignation or removal from office shall occur within thirty days of the next general election, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the disability of one of them is removed.
Paragraph 2. Exercise of Executive Power by Others. The Gen eral Assembly shall provide by law for the death, resignation, removal from office, or disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives. In case of disability of the Governor, Lieutenant Governor and Speaker of the House of Representa tives, the person upon whom the executive power shall have devolved shall exercise such power and receive the compensation of the Governor until the disability of one of them ceases. In case of the death, resigna tion, or removal from office of the Governor, Lieutenant Governor, and Speaker of the House of Representatives, such person shall exer cise the executive power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by law.

164

JOURNAL OF THE HOUSE,

SECTION 5

DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS

Paragraph 1. Duties and Powers of Other Elected Executive Of ficers. The Secretary of State, Attorney General, Comptroller General, Treasurer, and Commissioner of Agriculture shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and authori ties of each of such officers, and shall provide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the chief legal officer of the State and the chief legal advisor to the Governor and executive officers, and to repre sent the State in all civil and criminal cases in any Court when re quired by the Governor or when the State has an interest in such a case, and to perform such other services as may be required of him by law.

Paragraph 2. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.

SECTION 6
DISTRICT ATTORNEYS
Paragraph 1. Number, Term of Office, Vacancies. There shall be a District Attorney for each judicial circuit elected and appointed as necessary in the same manner as the respective circuit Superior Court Judges, who shall represent the State in all criminal cases in the Superior Courts of his circuit and all criminal cases appealed from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office shall be four years and whose qualifica tions, limitations, other duties, and compensation shall be prescribed by the General Assembly.
SECTION 7
ELECTIONS

Paragraph 1. First Election of Executive Officers. The first elec tion lor Governor, Lieutenant Governor, Secretary of State, Attorney General, Comptroller General, Treasurer, and Commissioner of Agri culture under this Constitution shall be held at the time of the general election in 1974 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner prescribed by the pro visions herein and such officers shall be installed in office on the Tues day following the first Monday in February following the general elec tion.

WEDNESDAY, JANUARY 14, 1970

165

Paragraph 2. Transmission, Canvassing, and Publishing Election Returns. The returns of each election district in a gubernatorial elec tion shall be sealed by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said re turns to a Constitutional Officers Election Board which shall be com posed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chair men of all standing committees of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.

Paragraph 3. Run-off Election. In the event no gubernatorial can didate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall con tinue the gubernatorial election by immediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the second Tuesday immediately following the general election unless the date thereof shall be changed by law. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein, and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing, and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off election. The person having the highest number of votes en titled to be counted in the run-off election shall be declared the duly elected Governor of this State.

Paragraph 4. Manner of Election of Other Executive Officers. The Secretary of State, Attorney General, Comptroller General, Treasurer, and Commissioner of Agriculture shall be elected in the same manner as the Governor. The provisions of the Constitution as to the transmis sion, tabulation, and canvassing of the returns of the election, run-off elections, contested elections, and declaration of the results of the elec tion, applicable to the election of Governor, shall apply to the election of the above-named executive officers.

Paragraph 5. General Assembly May Provide Additional Pro cedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter em braced within Paragraphs 2, 3, and 4, of this section and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.

166

JOURNAL OP THE HOUSE,

SECTION 8

CONSTITUTIONAL BOARDS AND COMMISSIONS

Paragraph 1. Continuation of Existing Boards and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the ef fective date of this Constituion and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. In addition to such powers and duties as may be prescribed in this Constitution, the General Assembly shall define by law the powers, duties, qualifications, and compensation of the members of such Boards and Commissions and of the Directors, except that the compensation of 'the members of the Public Service Commission and the State Board of Pardons and Paroles shall not be increased or diminished during the term of office for which such members were elected or appointed. Such Boards and Commissions shall have such other powers and duties as may be prescribed by law.

(a) State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be composed of not less than five members and shall be vested with and shall exercise all of the powers of execu tive clemency except as otherwise provided in this Constitution. The General Assembly shall provide by law for the composition of the State Board of Pardons and Paroles and the term of its members. The General Assembly shall provide by law the manner in which the Board is to exercise its powers. The Governor shall not be a member of such Board. Its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the State wide Probation System.

(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Commission shall consist of five members who shall be elected by the people. The terms of members shall be for six years, dating from the expiration of the previous terms of its members. A Chairman shall be selected by the members of the Commission from its membership. In case of any vacancy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the Tuesday following the first Monday in February after the regular general election held next after the expira tion of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

(c) State Personnel Board. The State Personnel Board shall ad minister a State Merit System under which the State personnel under such system shall be selected on a basis of merit, fitness, and efficiency, as may be provided by law. The Board shall be composed of three

WEDNESDAY, JANUARY 14, 1970

167

members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. No State official or employee shall be a member of the Board.

ARTICLE 5
FINANCE, TAXATION, AND PUBLIC DEBT
SECTION 1.
POWER OF TAXATION
Paragraph. 1. Taxation, a Sovereign Right. The right of taxation is a sovereign right -- inalienable, indestructible -- is the life of the State, and rightfully belongs to the people in all republican govern ments, and neither the General Assembly, nor any, nor all other de partments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwith standing any gift, grant or contract, whatsoever, by the General As sembly. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.
Paragraph 2. Taxation for Public Purposes Only. The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of sub jects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; pro vided, however, a county may limit any license fee or occupational tax to businesses located in the unincorporated area thereof.
Paragraph 3. Taxing Power Limited.
(a) Donations and Gratuities. Neither the General Assembly nor any municipal corporation, public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation, or association, nor grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into.
(b) The General Assembly may authorize any department, com mission or agency of the State to receive federal funds or grants and may authorize such receiving department, commission, or agency to expend or disburse such funds in accordance with the terms and condi tions under which they were received; provided, however, no State funds may be expended or disbursed in violation of this Constitution.

168

JOURNAL OF THE HOUSE,

(c) The levy of ad valorem taxes on property for any one year by the General Assembly for all purposes, except to provide for re pelling invasions, suppressing insurrections or defending the State in time of war, shall not exceed one-fourth mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly, for the taxation of the shares of stock of banking corporations and other monied capital coming into competi tion with such banking corporations, such property may be taxed at a rate not exceeding five mills on each dollar of the value thereof.

Paragraph 4. Uniformity; Classification of Property.

(a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods for different classes of such property.

(b) The General Assembly may treat any and all motor vehicles, including trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property, and enact legislation consistent here with to prevent any person, firm, or corporation from escaping payment of their fair share of taxes on said motor vehicles.

(c) The General Assembly may treat mobile homes as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property, and may apply such provisions for homestead exemption not exceed ing the homestead exemption provisions in this Constitution for real estate, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said mobile homes. The General Assembly may define by law what property shall constitute a mobile home for the purposes of this para graph.

(d) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties, nor at a lesser basis of value nor at a lower rate of taxation than other properties.

Paragraph 5. Income Tax. The General Assembly may by law define the income upon which income taxes may be levied by reference to provisions of the laws of the United States in effect from time to time whether retroactive or prospective in their operation. The General Assembly may in any such law provide for exceptions or modifications to any of such provisions of the laws of the United States.

WEDNESDAY, JANUARY 14, 1970

169

Paragraph 6. Property Exempt from Taxation.

(a) The General Assembly may exempt any of the following prop erty, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe.

(1) Property owned by the United States of America, the State of Georgia; any State of the United States, any foreign state, or any governmental division or instrumentality thereof.

(2) Places of religious worship and all property owned by religious groups used only for a single family residential purposes and for which no payment of value for the use thereof is made.

(3) Property publicly identified as a cemetery or mausoleum and used exclusively for the burial of human remains.

(4) Property of institutions of purely public charity used exclusive ly for public charity from which no income is derived.

(5) All intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational, and chari table institutions, no part of the net profit from the operation of which can inure to the benefit of any private person.

(6) All buildings erected for ad used as a college, incorporated academy, or other seminary of learning; all funds or property held or used as an endowment by such colleges, incorporated academies, or seminaries of learning, provided the same is not invested in real estate, and provided further that all income and profits from such endowment is used exclusively for the purpose of maintaining and operating such institution. The exemption provided for in this subparagraph shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public, and no part of the net profit from the operation of which can inure to the benefit of any private person.

(7) The real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary kept in a public hall and not held as merchandise or for pur poses of sale or gain and from which the owner derives no income.

(8) Farm products grown or produced in this State, including, but not limited to livestock, poultry, and baled cotton and remaining in the hands of the producer. Farm products grown or produced in this State including, but not limited to, livestock, poultry, and baled cotton while held in the raw and natural state, regardless of ownership, while in storage in a licensed or bonded warehouse. No such farm products may be exempted longer than for the year next after their production.
(9) Intangible personal property owned by a trust forming a part of a pension, profit sharing, or stock bonus plan, if such a trust is

170

JOURNAL OF THE HOUSE,

exempt from federal income tax under the Federal Internal Revenue Code.

(10) Any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution.

(11) All tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income.

(12) Personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, and tools and implements of trade of manual laborers, except that no exemption is authorized hereunder for motor vehicles.

(b) Homestead Exemptions. The General Assembly may provide exemptions from ad valorem taxes on homesteads owned and occupied as residences by residents of this State and may establish classes of persons and the maximum amount of exemption therefor as follows:

(1) American veterans of any war or armed conflict who are totally disabled as a result of service connected disabilities sustained during service in the Armed Forces, in an amount not to exceed $10,000.00.

(2) Persons having limited incomes as defined by law and 65 years of age or over, in an amount not to exceed $4,000.00.

(3) All other persons in an amount not to exceed 2,000.00.

An exemption claimed hereunder must be claimed in the manner prescribed by the General Assembly.

. (c) All laws exempting property from taxation, other than the property enumerated in this Constitution, shall be void.

SECTION 2.
PURPOSES AND METHODS OP TAXATION
Paragraph 1. State Monies to General Fund; Sale of Certain State Properties; Use of Proceeds.
(a) All money collected from taxes, fees, and assessments for State purposes under laws enacted by the General Assembly shall be paid into the general fund of the State Treasury to be appropriated therefrom solely in the maner required by this Constitution and to be expended solely for the purposes authorized by this Constitution.
(b) The State shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Authority

WEDNESDAY, JANUARY 14, 1970

171

shall sell or lease any real property owned by it except as now or here after provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any authority or public corpora tion the payment of which is secured by a contract with the State or any department or agency thereof.

Paragraph 2. Taxation, How and for What Purposes Exercised. Except as otherwise provided herein, the powers of taxation over the whole State shall be exercised by the General Assembly for any public purpose. The following are specifically declared to be public purposes, but this listing is neither exclusive nor exhaustive.

(a) For the support of the State Government and the public in stitutions.

(b) To support public schools, public education, and activities necessary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly.

(c) To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.

(d) To suppress insurrection, to repel invasion, and to defend the State in time of war.

(e) To make provision for the payment of pensions to ex-Con federate soldiers and to the widows of Confederate soldiers who are unmarried.

(f) To construct and improve State-owned buildings and proper ties, and to construct, maintain or aid in the construction or maintenance of systems of publicly owned highways, streets, sidewalks, bridges, air ports, docks, and mass transit systems for transportation of passen gers for hire as the General Assembly may consider necessary for the public interest.

(g) To provide for such programs of public health and welfare as authorized by law.

(h) To provide insurance and retirement benefits, compensatory in nature, for public officers and employees and public school employees, including but not limited to teachers, school bus drivers, school lunch room personnel, school maintenance personnel, and school custodial personnel, their dependents and survivors, and to make such employer contributions under federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be authorized by law.
(i) To support retirement systems which have been or which may

172

JOURNAL OP THE HOUSE,

hereafter be created by law; provided, that any retirement system created after the effective date of this Constitution shall be actuarially sound.

(j) To advertise and promote the agricultural, industrial, historic, recreational, and natural resources of the State.

(k) To make grants to municipal corporations and counties for general or special purposes as may be authorized by law.

(1) To make loans to local public industrial development agencies to be secured or guaranteed by the pledge of the full faith, credit, and taxing power of the local government to be served, in such manner as shall be authorized by law.

(m) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a program or programs, of loans, scholarships and grants, and the in suring of loans and the payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide the procedure and other matters relative to such programs. Taxes may be levied and public funds expended for such purposes.

(n) Notwithstanding any other provisions of the Constitution, the General Assembly is hereby authorized to provide by law for the in demnification with respect to death, personal injury, or property dam age sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assist ing a peace officer in prevention of a crime or apprehension of a crimi nal. Such law may provide for the method of payment of such indemnifi cation and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of imple menting any law authorized by this subparagraph.

(o) Notwithstanding any other provisions of this Constitution, until changed by law, the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is hereby authorized to expend available funds
for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry, or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose, and per sons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months.

(p) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the idemnification with respect to death, personal injury, or property dam age sustained and for which the State is liable, or for which immunity has been waived by the General Assembly under general law. Taxes may be levied and public funds expended for such purposes.

WEDNESDAY, JANUARY 14, 1970

173

SECTION 3.

PUBLIC DEBT

Paragraph 1. Georgia State Financing and Investment Commission; Creation; Duties.

(a) There is hereby created the Georgia State Financing and Investment Commission.

(b) The Commission shall consist of seven members who shall be the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Attorney General, and the State Budget Officer.

(c) In addition to such powers and duties as may from time to time be conferred upon the Georgia State Financing and Investment Commission, the Commission shall have such duties, powers, authority, and jurisdiction relating to the contracting of public debt and the issu ance of evidences of indebtedness therefor as shall be provided by law.

Paragraph 2. Purposes for Which Contracted.
(a) The State may contract public debt, and hereby pledges its full faith, credit, and taxing powers to the payment thereof, at such times and in such manner as shall be authorized by law, but only for the purposes and subject to the conditions stated in this section.
(b) The State may contract debt to supply such temporary deficit as may exist in the Treasury in any year for necessary delay in col lecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt, but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five per cent of the previous year's revenue paid into the Treasury, and any loan made for this purpose shall be repaid out of the taxes levied for the fiscal year in which the loan is made.

Paragraph 3. Bonded Debt.
(a) Bonded debt, having a maturity date not more than thirty years from the date of issue, may be created only for the purposes of financing capital needs in connection with programs or projects for public purposes. Capital needs as used herein shall mean only those expenses related to the costs of acquiring, building, constructing, al tering, enlarging, furnishing, equipping, or improving the facilities forming such program or project.
(b) No bonded debt shall be contracted under Paragraph 3 (a), and the appropriation or expenditure of any funds for the payment of such debt is prohibited, at any time when the aggregate of annual debt service requirements of such bonded indebtedness, including the pro posed debt, and annual payments under contracts heretofore entered into

174

JOURNAL OF THE HOUSE,

by the State, State institutions, departments, and agencies of the State with any public agency, public corporation, or authority pursuant to the provisions of Article 7, Section 6, Paragraph 1 (A) of the Constitution of 1945 of the State of Georgia which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority, exceeds fifteen per cent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year imme diately preceding the year in which such indebtedness is proposed; provided, however, this provision shall not affect bonded indebtedness or contracts validly entered into prior to its adoption or which con form to this provision at the time the same are hereafter contracted or executed.

(c) The contracting of bonded indebtedness pursuant to Paragraph 3 (a) is further prohibited until the General Assembly has authorized the capital program or project for which such bonded indebtedness is to be incurred by providing funds in an appropriation act for the pay ment of at least the first year's debt service requirements for such indebtedness and the appropriation so made shall constitute the maxi mum annual payment for such indebtedness.

Paragraph 4. Sinking Fund Debt Service Appropriation.

(a) The General Assembly shall raise by taxation each year, in
addition to the sum required to pay public expenses, such amounts as are necessary to pay the interest on the public debt and the principal on the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then
matured. The General Assembly shall appropriate annually to such sinking fund an amount sufficient to pay annual debt service require ments for public indebtedness. The sinking fund shall be used for no other purpose.

Any such payments shall be paid before any other obligation of the State except for lease rental obligation incurred prior to June 30 of the year immediately following the adoption of this Constitution, and if the General Assembly shall fail to make appropriations for such payment or if payment is not made, the State Treasurer shall set apart from the first revenues thereafter received, applicable to the general fund of the State, a sum sufficient to pay such debt service require ments or payments to the sinking fund, as the case may be, and shall so apply the moneys thus set apart. The Treasurer may be required to set aside and apply such revenues as aforesaid, at the suit of any holder of bonds or other evidences of indebtedness.

The funds in the sinking fund may be invested in direct and general obligations of the United States Government or obligations, the princi pal and interest of which are unconditionally guaranteed by the United States Government.

(b) Notwithstanding any other provision of any other section of any other article of this Constitution, the General Assembly shall in clude in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to

WEDNESDAY, JANUARY 14, 1970

175

such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the pay ments required to be made in each year under lease contracts entered into prior to June 30 of the year immediately following the adoption of this Constitution, pursuant to Article 7, Section 6, Paragraph 3 (a) of the Constitution of 1945 of the State of Georgia by and between such department, agency, or institution of the State and any State authority which has been created and activated before November 8, 1960, which said lease contracts constitute security for bonds or any other obligations issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appro priation account in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease con tract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each'such department, agency or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.

Paragraph 5. State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation, or association and the State shall not become a joint owner or stock holder in or with any individual, company, association or corporation.

Paragraph 6. Profit on Public Money. The receiving, directly or indirectly, by any officer of the State or any county or member or officer of the General Assembly, of any interest, profits, or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office.

Paragraph 7. Certain Bonds Not to be Paid. The General Assem bly shall have no authority to appropriate money, either directly or in directly, to pay the whole or any part of the principal or interest of the bonds or other obligations which have been pronounced illegal, null, and void by the General Assembly and the constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late War Between the States, nor any of the bonds, notes, or obligations made and entered into during the existence of said War, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General As sembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States, instituted to test the validity of any such bonds or obligations.

176

JOURNAL OF THE HOUSE,

SECTION 4.

LOCAL TAXATION

Paragraph 1. Powers of Local Government. The General Assem bly may authorize any county, municipal corporation, or other political subdivision to exercise the power of taxation for any public purpose as defined by general law or in this Constitution, and unless otherwise provided in this Constitution or by law, no levy need state the particular purposes for which the same was made, nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or in this Constitution.

Paragraph 2. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an Act of the General Assembly establishing, or authorizing the establishment of, a special district or districts thereof, and authorizing such county to levy a tax only upon the taxable property in such dis tricts for the purpose of constructing and maintaining facilities there
for.

Paragraph 3. Local Taxation for Education. The school boards of each county or area school district shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollars, upon the assessed value of all taxable property within the county or district located outside any independent school system or area school district therein. The independent school system of Chat ham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The levy made by an area board of education shall be in such amount and within such limits as may be prescribed by local law applicable thereto, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be ex pended only for the support and maintenance of public schools, public education and activities necessary or incidental thereto, including school lunch purposes. The tax shall be collected in the same manner as the State levy is collected. Provided the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under provisions of the 1945 Constitution.

Paragraph 4. Increasing or Removing School Millage Limitation. The twenty mill limitation provided in Paragraph 3 above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the Court of Ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a

WEDNESDAY, JANUARY 14, 1970

177

date not less than twenty nor more than thirty days from the date of the issuance of the call, and the Judge of the Court of Ordinary or the proper authorities, as the case may be, shall have the date and. purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprisingan area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph 3 above. In lieu of recommending that the limitation be removed en tirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election
provisions for increase shall be the same as for removal, and if the proposal is favorably voted upon, the county or area board may recom mend up to the specified amount. It shall be the duty of the Judge of the Court of Ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns, and to declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be.

Paragraph 5. Taxing Power and Contributions of Counties, Munici pal Corporations, and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation, or political subdivision of the State, through taxation, contribution, or otherwise, to become a stockholder in any company, corporation, or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution, or individual except for purely charitable purposes. This restriction shall not operate to pre vent the support of schools by municipal corporations within their respective limits.

Paragraph 6. Intergovernmental Contracts.
(a) Contracts for Use of Public Facilities. The State, State in stitutions, any municipal corporation, or any county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation, or authority now or here after created for the use by such subdivisions or the residents thereof of any facilities or services of the State, State institutions, any muni cipal corporation, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.

(b) Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may contract with any pub lic agency, public corporation, or authority for care, transportation, treatment, maintenance, and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acquisition, construction, modernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities.

178

JOURNAL OF THE HOUSE,

(c) Local Taxation Authorized. Any county, municipal corpora-

;

tion, school district, or other political subdivision, having the power to

tax, may exercise such power to the extent necessary to pay the obli

gations contractually incurred under this Section and may also expend

any other public funds, from whatever source derived for such purpose.

,

Paragraph 7. Local Debt Limitation.

(a) Debts of Counties, Municipal Corporation, and School Districts. The debt of any county, municipal corporation, county school district, area school district or other political subdivisions except as in this Con
stitution otherwise provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district, area school dis trict, or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this paragraph, except for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified electors thereof voting in an election for that purpose held as prescribed by law. Registration of electors for any such election shall be as provided for general elections and the General Assembly shall have no power to provide any form of special registration of electors for any such elec tion. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness; provided, however, the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions of the 1945 Constitution.

Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the federal government, or any agency thereof, to aid in financing the cost of studies, plans, surveys, and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt with the limitation set forth in the preceding paragraph.

Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding pro vision of this paragraph and debt created for such purposes may be incurred without an election, but the same must be repaid in equal annual installments within not more than seven years from the date of its creation, and the interest payable thereon shall not exceed an amount set by law; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith shall have been approved by the State Revenue Commissioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Com missioner's rules and regulations.

(b) Additional Debt Authorized. In addition to the debt permitted

WEDNESDAY, JANUARY 14, 1970

179

up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an additional three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional indebtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.

(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other poltical subdivision shall have the right to issue bonds without an election to refund any out standing bonded indebtedness provided that the issuance of such re funding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refund ing bonds will reduce the total combined principal and interest pay able on such outstanding bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded.

(d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivisions shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.

(e) Sinking Fund. Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the governing authorities of such county, municipal corporation, county school district, area school district, or other political subdivision in obli gations of, or unconditionally guaranteed by, the United States Govern ment; in obligations of the State of Georgia; in obligations of any au thority or public corporation, the payment of which is unconditionally guaranteed by the State of Georgia, or the payment of which is secured by a contract, the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct general obligation bonds, which have been validated as provided by law, of any county, municipal corporation, county school district, area school district or other political subdivision of this State.

(f) Temporary Loans. In addition to the other indebtedness per mitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is hereby authorized to make temporary loans between January 1st and December 31st in each year to pay expenses for such year and may issue promissory notes or tax anticipation certificates to evidence any such indebtedness, and taxes anticipated to be collected may be pledged and incumbered and a lien created thereon as security for the payment of such promissory notes or of such tax anticipation certificates, pro vided that the aggregate of all such indebtedness outstanding shall

180

JOURNAL OF THE HOUSE,

not exceed seventy-five per centum of the total gross income received by such county, municipal corporation, county school district, area school district, or political subdivision from taxes collected or received in the last preceding year, and all such indebtedness shall be payable on or before the close of the fiscal year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Constitution. No such temporary loan may be made in a prior year. No such county, municipal corporation, county school district, area school district or political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated
revenue for such calendar year.

(g) Levy of Taxes to Pay Indebtedness. Any county, municipal corporation, county school district, area school district or other political subdivision which shall incur any indebtedness; including indebtedness incurred for property valuation and equalization programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of the in terest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Con stitution for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent neces sary for such purpose. Any such taxes shall be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.

Paragraph 8. Revenue Obligations.
(a) Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the re quirements of the General Assembly such obligations shall not con stitute indebtedness within the meaning of Paragraph 2 of Section 3 or Paragraph 7 (a) or (b) of Section 4 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.

(b) Purposes for Which Authorized. Revenue obligations may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending, or improving any public property or facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage, garbage or sewage collection, treatment and disposal sys tems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibition facilities, beach erosion protection systems, public park ing building and facilities, including parking meters, public facilities

WEDNESDAY, JANUARY 14, 1970

181

for mass transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be au thorized by the General Assembly.

(c) Election Required for Gas or Electric Systems. However, be
fore any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected. In other respects, such election shall be held in the same manner as an election
under Paragraph 7 (a). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding out
standing obligations originally authorized and issued for the aforesaid purpose. After any such favorable election has been held, if counties, municipal corporations, or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the pro ceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipal corporation or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regula tion as are privately owned and operated utilities.

(d) Industrial Development Purposes. Revenue obligations may also be issued to finance the cost of land, buildings, facilities, machinery, or equipment to be sold or leased to a private business in the establish ment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and au thorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation, or other political subdivision shall not exceed two mills annually, and the proceeds of such tax shall not be used for the repayment of any revenue obligation in curred for such purpose.

ARTICLE 6
EDUCATION
SECTION 1
PUBLIC EDUCATION
Paragraph 1. Public Education; Support by Public Funds. An adequate common school education for its citizens shall be a primary obligation of the State of Georgia and its political subdivisions, the expense of which shall be borne out of public funds. The General As sembly shall by taxation or otherwise provide for such public funds; and may prescribe the terms and conditions upon which State funds shall be made available for this purpose.
Paragraph 2. Public Education; Other than Common Schools. TheGeneral Assembly may provide for an adequate public education for its.

182

JOURNAL OF THE HOUSE,

citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may
prescribe.

Paragraph 3. Public Education; Transfer of Funds. The General Assembly shall be authorized to provide by law for the right of any child to attend any public school in this State and to provide for the transfer of State and local funds from the resident school district to the school district in which such child is enrolled.

SECTION 2
STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education; Method of Selection. There shall be a State Board of Education to be composed of one mem ber from each Congressional District in the State and five members from the State-at-large. The member of the Board from each Con gressional District shall be elected at a caucus of the members of the Senate and the House of Representatives from the Senatorial and Representative Districts embraced or partly embraced within such Congressional District, by a majority vote of such members. The first election for such members shall be held during the regular session of the General Assembly in 1972, and the members elected shall take office July 1, 1972. The members from the First and Second Districts shall be elected for terms of five years and until their successors are duly elected and qualified. The members from the Third and Fourth Districts shall be elected for terms of four years and until their successors are duly elected and qualified. The members from the Fifth and Sixth Dis tricts shall be elected for terms of three years and until their suc cessors are duly elected and qualified. The members from the Seventh and Eighth Districts shall be elected for terms of two years and until their successors are duly elected and qualified. The members from the Ninth and Tenth Districts shall be elected for terms of one year and until their successors are duly elected and qualified. Thereafter all terms shall be for five years and until their successors are elected and qualified. The General Assembly shall provide by law for the manner, time, procedure, and other matters relative to the election of such members of the Board and the manner of filling vacancies. In the event of a change in the number of Congressional Districts, the General Assembly is hereby authorized to provide by law for the composition of the Board relative to the members from Congressional Districts. The five members from the State-at-large, no two of whom shall reside in the same Congressional District at the time of appointment, shall be appointed by the Governor by and with the advice and consent of the Senate. Such five members shall be appointed prior to July 1, 1972, and shall take office on said date. The terms of such first members shall be for one, two, three, four, and five years as shall be designated by the Governor. Thereafter, all successors shall be appointed for terms of five years. Any vacancy occurring in the office of any of the afore said five members shall be filled by appointment by the Governor, with the advice and consent of the Senate, for the unexpired term. All such members shall hold office until their successors are appointed and

WEDNESDAY, JANUARY 14, 1970

183

qualified. No person employed in a professional capacity by a private or public education institution, or by the State Department of Educa
tion, shall be eligible to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to serve on said Board, and if any person shall become so connected or employed after becoming a member of the Board, his office shall immediately become vacant. The Board shall have such
powers and duties as may now or hereafter be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law. The State Board of Education in existence at the time of the effective date of this Constitution shall continue until July 1, 1972. Appointments to the Board, whether due to expira tion of term of office or to fill a vacancy, shall continue to be made pursuant to the provisions of the Constitution and law relative to said Board but the terms of all members shall expire June 30, 1972. The fifteen-member Board of Education provided for herein shall be the successor to the said ten-member Board of Education.

SECTION 3
STATE SCHOOL SUPERINTENDENT
Paragraph 1. State School Superintendent. There shall be a State School Superintendent, who shall be the chief administrative officer of the State Board of Education. He shall be appointed by and serve at the pleasure of the State Board of Education. No member of the State Board of Education shall be eligible for selection as State School Superintendent during the term for which he shall have been appointed.
SECTION 4
BOARD OF REGENTS
Paragraph 1. Board of Regents of the University System of Geor gia. The Board of Regents of the University System having heretofore been created as a constitutional Board, is hereby recreated and con tinued as a constitutional Board. The Board shall be composed of one member from each Congressional District in the State and five addi tional members from the State-at-large, and all members shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms here tofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appoint ment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The Governor shall not be a member of said Board. The government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall

184

JOURNAL OF THE HOUSE,

have such further powers and duties as may be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law.

SECTION 5
LOCAL SCHOOL SYSTEMS
Paragraph 1. School Districts. Authority is granted to counties and area school districts to establish and maintain public schools. Exist ing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effec tive until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of the State. Any school district or sys tem consolidated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district.
Paragraph 2. Boards of Education. Each school district or system shall have a board of education which shall have such powers and duties as may now or hereafter be provided by law, the members of which shall be elected or appointed as may now or hereafter be provided by law. School board members shall reside within the territory embraced by the school district or system.
Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as may now or hereafter be pro vided by law.
Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting board members and school superintendents shall be as pro vided by law applicable thereto at the effective date of this Constitu tion but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected.
Paragraph 5. Power of Boards to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education, and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the pro visions of this Constitution.

WEDNESDAY, JANUARY 14, 1970

185

SECTION 6

MAINTENANCE AND PROTECTION OF CERTAIN SCHOOL SYSTEMS

Paragraph 1. Maintenance of Existing Independent Systems. Au thority is hereby granted to municipal corporations to maintain existing independent school systems and support the same as authorized by spe cial or general law. No independent school system shall hereafter be established.

Paragraph 2. Systems Established Prior to Constitution of 1877. Public schools systems established prior to the adoption of the Constitu tion of 1877 shall not be affected by this Constitution.

SECTION 7
BEQUESTS, DONATIONS, AND GRANTS
Paragraph 1. Bequests, Donations, and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations, and grants of land, or other property, for the use of their respective systems of edu cation.

SECTION 8
EDUCATIONAL GRANTS
Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county, or municipal funds to citizens of the State for educational purposes.

SECTION 9
SPECIAL SCHOOLS
Paragraph 1. Special Schools; Creation; taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof may establish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult aducation in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereto shall be first approved by a majority of the electors voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers, and duties of boards of edu cation participating in the establishment or operation of such special

186

JOURNAL OF THE HOUSE,

schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this Section shall be operated in conformance with regula tions promulgated by the State Board of Education pursuant to the provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.

Paragraph 2. Special Schools Heretofore Established Protected. Special schools, including vocational trade schools, established prior to the adoption of this Constitution, which were established under the pro visions of Article 7, Section 6, Paragraph 1 (d) of the Constitution of 1945, shall not be affected by this Constitution, and any political sub division which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all the taxable property therein, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be incurred pur suant to the provision of Article 5, Section 3, Paragraph 3, of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addi tion to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the sup port of such established, schools in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions of law.

ARTICLE 7
COUNTIES AND MUNICIPAL CORPORATIONS
SECTION 1
COUNTIES
Paragraph 1. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.
Paragraph 2. Counties; Number; New. There shall not be more

WEDNESDAY, JANUARY 14, 1970

187

than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of existing counties.

Paragraph 3. Consolidation, Merger, Division, Dissolution, Method. Upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of such county, or upon recommenda tion of two successive grand juries of such county, proposing the consoli dation of two or more counties into one, or the merger of one or more counties into another, or the division of the county and the merger of portions thereof into other counties, it shall be the duty of the Judge of the Court of Ordinary to transmit a certified copy of such petition, or the recommendations of the grand juries, as the case may be, per taining to the proposal, to each Judge of the Court of Ordinary of all other counties proposed to be affected thereby, and it shall be the duty of the latter to cause to be published the proposals made by the electors or grand juries, as the case may be, in the newspaper in which sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years after the completion of the ad vertisements of the proposal and upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of the other county or counties proposed to be affected thereby expressing favor or approval of the proposal, or upon recommendation of two successive grand juries of the other county or counties proposed to be affected, ex pressing favor or approval of the proposal made in the electors' petition, or recommendations of two successive grand juries of the county initiat ing the proposal, it shall thereupon be the duty of the Judges of the Courts of Ordinary of all such counties to certify the results of the ac tion taken to the Governor, whose duty it shall be to cause the issue to be placed on the ballot in the counties proposed to be affected at the next regular general election held later than sixty days after the filing of the last petition or the date of the last grand jury recommendation, as the case may be, and publishing notice thereof once a week for two weeks in the newspaper in each county in which the sheriff's advertise ments are published. Upon ratification by a majority of the electors voting in each of the counties affected thereby, said majority to be computed separately for each county, the General Assembly at the session next following such election shall designate by law, without re gard to the provisions of Paragraph 5 hereof, the county site, the effec tive date of such merger, consolidation or division, as the case may be, subject to a limitation of two years from the action by the General Assembly, and shall provide for the election of county officers where required. The General Assembly shall have the power by law to further implement this Paragraph.

Paragraph 4. County Lines: With the exception of the procedure provided in Paragraph 3, county lines shall not be changed except as provided by general law.

Paragraph 5. County Sites Changed, Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a majority vote of the General Assembly and the ratification by a two-thirds vote of the electors of the county voting at a regular general election.

188

JOURNAL OF THE HOUSE,

Paragraph 6. Elections, Terms, and Compensation of Certain Of ficers.

(a) The Clerk of the Superior Court, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner where he has replaced the Tax Receiver and Tax Collector, Coroner, and Surveyor shall be elected by the elec tors of their county for terms of four years. Their qualifications, powers, and duties, and the grounds and procedure for their removal shall be as provided by general law.

(b) Subject to Article 2, Section 7, Paragraph 4, the General As sembly, by local or general act, may abolish or consolidate any county office, except the Court of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision therefor.

(c) County officers shall be compensated as the General Assembly may provide.

Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local or general act, which shall include the authority to create a single county commissioner. Such commissioners shal Ibe the governing authority of the county, and such local or general act shall provide the qualifications, terms, and compensation and manner of election or appointment thereof. Such commissioners shall have the powers and duties provided in this Con stitution and such other powers and duties as may be provided by law. County commissioners may be elected by the electors of the entire county or by the electors of the entire county or by the electors of the districts represented, or may be appointed to fill a vacancy until the next general election, in such manner as may be provided by local or general act. Nevertheless, this provision shall not operate to prevent the General Assembly from assigning the duties of the governing au thority of any county to the Court of Ordinary if it shall so elect in its discretion.

Paragraph 8. Powers of County Government. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, the governing authori ties of counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes:

(a) Pay the expenses of administration of the county government.

(b) Acquire, construct, maintain, improve, or aid in the acquisi tion, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, side walks, roads, sewer and water systems, airports, docks, facilities for mass transit systems for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
(c) Provide for the expenses of the operation of courts, maintain

WEDNESDAY, JANUARY 14, 1970

189

and support prisoners, and direct and pay the expenses of litigation af fecting the county.

(d) Establish and conduct public health, waste disposal, and sani tation programs and provide for the collection and preservation of records of vital statistics.

(e) Establish and maintain a county police department.

(f) Provide medical and other care, including hospitalization, for the indigent sick.

(g) Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.

(h) Establish, conduct and participate in programs of welfare bene fits and public assistance as may be provided by law.

(i) Provide fire protection for all property, including forest lands, and conserve natural resources.

(j) Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitaliza tion benefits, and workmen's compensation benefits for all officers and employees, their dependents and survivors, and for public school teach ers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.

(k) Establish and maintain recreation facilities and programs.

(1) Purchase liability insurance to cover damages for which the county is liable, or for which immunity has been waived by the General Assembly under general law.

(m) In unincorporated areas a county may regulate traffic; regu late and impose licenses upon business and industry; adopt building, plumbing, and electrical codes; control air and water pollution; and in connection with any of said powers may provide a tribunal for hearing and for the punishment for infractions, provided, punishment for infrac tions shall in no event exceed that prescribed by general law for a mis demeanor, and provide further that upon conviction, any person shall have the right to appeal same to the appropriate court wherein a jury trial may be had on said infraction.

SECTION 2

MUNICIPAL CORPORATIONS

Paragraph 1. Creation. The General Assembly shall have the power to incorporate, divide and dissolve municipal corporations, and the power to merge or consolidate one or more municipal corporations with each

190

JOURNAL OF THE HOUSE,

other or with one or more counties in such manner and under such pro cedures as it may provide by law.

Paragraph 2. Boundaries. The General Assembly shall have the power to alter the boundaries of municipal corporations by local law and to provide by general law the methods and procedures by which such boundaries may be altered.

Paragraph 3. Taxation. The General Assembly is authorized to grant the power of taxation to municipal corporations.

SECTION 3
GENERAL PROVISIONS
COUNTIES AND MUNICIPAL CORPORATIONS
Paragraph 1. Home Rule. The governing authority of each county and of each municipal corporation is hereby granted the legislative power to adopt ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with this Constitution or any charter provision applicable thereto. This power shall also include the right to amend or repeal existing local legislation in the manner as may be prescribed by the General Assembly. The General Assembly is au thorized to provide by law for additional powers of self-government of counties and municipal corporations and to delegate its legislative powers with respect thereto to be exercised subject only to statutes of general application pertaining to counties and municipal corporations.
Paragraph 2. Salaries and Benefits of County and Municipal Cor poration Employees; How Fixed. The governing authority of each county and of each municipal corporation is authorized to fix the number, salary, compensation and expenses of all county and municipal corpora tion employees and to establish, maintain and modify retirement or pension systems, including existing retirement and pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.
Paragraph 3. Slum Clearance and Redevelopment, Authority of Counties, Municipal Corporations, and Housing Authorities to do Slum Clearance and Redevelopment Work. The General Assembly may provide by law that any county, municipal corporation, or any housing au thority now or hereafter established may undertake and carry out slum clearance and redevelopment work, including the acquisition of areas which are predominantly slum or blighted areas, the rehabilitation of structures within such areas, the preparation of such areas for reuse, the acquisition of open land in undeveloped areas, 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 govern mental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds ex pended in furtherance thereof.

WEDNESDAY, JANUARY 14, 1970

191

Paragraph 4. Zoning and Planning Laws. The General, Assembly of the State shall have authority to grant the governing authorities of the municipal corporations and counties authority to pass Zoning and planning laws whereby such municipal corporations or counties may be zoned or districted for various uses and other or different uses prohibited therein, and may regulate the use for which said zones or districts may be set apart, and may regulate the plans for development and improve ments on real estate therein. The General Assembly is further au thorized to provide by law for joint planning and zoning commissions and to provide the powers and duties thereof. The governing authority of each county and municipal corporation is: hereby authorized to par ticipate in the costs of such planning commissions.

Paragraph 5. Consolidation or Transfer of Governmental Func tions.

(a) The General Assembly may provide by law for the transfer of any municipal corporation to the county in which it is located any of its functions or powers and may provide for revocation of the transfer of any such function or power; and may provide for the transfer by any county to another county or to a municipal corporation within its boundaries or adjacent thereto any of its functions or powers, and may provide for revocation of the transfer of any such function or power.

(b) Except as limited by general law, any county or municipal corporation may agree to share the costs and responsibilities of func tions and services with any one or more other governments.

Paragraph 6. Eminent Domain. Each county, municipal corpora tion, and school district is hereby authorized to exercise the power of eminent domain.

ARTICLE 8
AMENDMENTS TO THE CONSTITUTION
SECTION 1
CONSTITUTION AMENDED, HOW
Paragraph 1. Proposals to Amend the Constitution; New Constitu tion. Amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitutional convention as hereinafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be proposed.
Paragraph 2. Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend this Constitution or for a new Constitution shall originate as a resolution in either the House of Repre sentatives or the Senate and if approved by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be

192

JOURNAL OF THE HOUSE,

published, as provided by law, in one or more newspapers having general circulation in each Congressional District in the State once each week for three consecutive weeks immediately preceding the week containing the day of the general election at which said proposal is to be sub mitted, and such proposal shall be placed on the ballot for the next gen eral election. The language to be used in submitting a proposed amend ment or new Constitution shall be in such words as the General Assem bly may provide in the resolution, or in the failure thereof, in such lan guage as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote thereon, unless the resolution proposing the amendment shall provide otherwise. When more than one proposal to amend the Constitution is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.

Paragraph 3. Repeal or Amendment of Proposal. Any proposal to amend this Constitution or for a new Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the elected membership of each House in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

Paragraph 4. Constitutional Convention; How Called. No conven tion of the people shall be called by the General Assembly to amend this Constitution, or to propose a new Constitution, unless by the concur rence of two-thirds of all members of each House of the General As sembly. The representation in said convention shall be based on popula tion as near as practicable. This Constitution shall not be amended or a new Constitution come into being until the proposal has been submitted and ratified by the people in the manner provided for submission and ratification of proposals by the General Assembly. The General Assem bly is hereby authorized to provide the procedure by which a conven tion is to be called and under which such convention shall operate, and for other matters relative to such constitutional convention.

ARTICLE 9
MISCELLANEOUS PROVISIONS
SECTION 1
Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified, and all general, special, and local laws now in force shall

WEDNESDAY, JANUARY 14, 1970

193

continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.

Paragraph 2. Provisions of Prior Constitutions Continued as Statutory Law. Upon the effective date of this Constitution, amend ments to the Constitution of 1877 continued in force by Article 7, Sec tion 10 of the Constitution of 1945, amendments to the Constitution of 1945 and the provisions of the Constitution of 1945 shall continue in force and effect as statutory law so far as consistent with this Constitution, provided the amendment of Paragraph 1 of Section 3 of Article 6 of the Constitution of 1945 proposed by Georgia Laws 1956, page 636, and ratified in the general election held in November, 1956, providing the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be eight years, shall not be continued in force. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the afore said amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this Constitution, and are hereby declared to be constitutional under this Constitution.

If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local Act in the same manner as other statutes, but no such amending or repealing Act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby.

Paragraph 3. Special Provision with Respect to Constitutional Amendments adopted at the General Election at which this Constitution is Adopted. All constitutional amendments adopted under the procedure established in the Constitution of 1945 which are ratified at the general election at which this Constitution is ratified shall continue in force and effect as an amendment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Paragraph 2 shall apply thereto.

Paragraph 4. Interim Provisions Respecting Terms of Elected Of
ficers. All elected officers in office on the effective date of this Constitu tion shall serve for the terms to which elected.

SECTION 2 EXISTING BOARDS, COMMISSIONS, AND AUTHORITIES

Paragraph 1. All existing boards, commissions, and authorities not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities, and all existing constitutional and statutory provisions relating thereto shall remain in full force and effect as statutory law until changed by the General Assembly.

194 . -

JOURNAL OF THE HOUSE, : : '' ' - ' - : SECTION 3 --- " ' "' "

DEVELOPMENT AUTHORITIES
Paragraph "1. The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of, the people of this State. The General Asselnbly may create development authorities to promote and further such purposes or may authorize the creation of such authority by any county or mu nicipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the issuance of revenue obliga tions by such authorities which shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations authorized, and that such validation shall thereafter be incontestable and conclusive.

SECTION 4
EFFECTIVE DATE
This Constitution shall become effective on July 1,1971.
Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed new Constitution shall have written or printed thereon the following:
"Yes ( ) Shall the proposed new Constitution be ratified as NO ( ) the new Constitution of the State of Georgia?"
All persons desiring to vote in favor of ratifying the new Constitu tion shall vote "Yes". All persons desiring to vote against ratifying the new Constitution shall vote "No".
If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the new Constitution of the State of Georgia.

Mr. Busbee of the 61st asked unanimous consent that each Article, Section and Paragraph of the proposed new State Constitution, HR 514-1028, by Com mittee substitute, be taken up individually in order that proper consideration could be given each item therein, and that said Resolution be continued as unfinished business each day unless otherwise indicated.

The consent was granted.

WEDNESDAY, JANUARY 14, 1970

195

The following paragraph was read and adopted: A RESOLUTION

Proposing a new Constitution for the State of Georgia to be pre sented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. If ratified by the people at the general election in 1970, the following shall be the Constitution of the State of Georgia:

CONSTITUTION OF THE
STATE OP GEORGIA PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
The following paragraphs were read and adopted:

ARTICLE 1
BILL OP RIGHTS
SECTION 1
Paragraph 1. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amendable to them.
Paragraph 2. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph 3. Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, sex, national origin, religion or ancestry.

196

JOURNAL OF THE HOUSE,

Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.

Mr. Hill of the 94th asked unanimous consent that the House reconsider its action in adopting Paragraph 3 in order that he might offer an amendment thereto.

The consent was granted, and Paragraph 3 was reconsidered.

The following amendment was read:
Messrs. Hill of the 94th and Bond of the lllth move to amend the Committee substitute to HR 514-1028 by striking Paragraph 3, Article 1, Section 1 in its entirety and inserting a new Paragraph 3 to read as follows:
Paragraph 3. Due Process and Equal Protection.
No person shall be deprived of life. No person shall be deprived of liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, sex, national origin, religion or ancestry.

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 Bond Dean, J. E. Ezzard

Felton Hamilton Hill, B. L. Horton

Jones, M. Jordan, G. Sims Thompson, A. W.

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bell

Berry Black Blalock Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss

Busbee Cole Collier Collins, S. Colwell Connell Cook Cooper

WEDNESDAY, JANUARY 14, 1970

197

Crowe Dailey Davis, E. T. Davis, W. DeLong Dixon Dodson Dorminy Douglas Edwards Egan Fallin Farrar Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Graves Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham
Hill, G. Holder 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 Levitas Lewis Longino Lowrey Marcus Mauldin Maxwell McClatchey Merritt Miles Milford Miller Mullinax Nessmith Northcutt Nunn Odom Parker, C. A. Peters

Peterson Phillips, L. L. Phililps, W. R. Pickard Pinkston Poole Potts Roach Russell Salem Scarlett Sherman Simkins Simmons Smith, J. R. Snow Sorrells Sweat Thomason Thompson, R. Toles Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bennett Bohannon Bostick Bowen Brantley, H. H. Brooks Buck Caldwell Games Gates
Chandler
Clarke
Collins, M.
Conger
Conner
Dougherty

Dean, N. Dent Dickinson Ellis Evans Farmer Grahl Griffin Gunter Hadaway
Hale
Harrington
Harrison
Hood
Jones, C. M.
Mason

Matthews, C. Matthews, D. R. McCracken McDaniell Melton Moate Moore Morris Murphy Nash
Pafford
Paris
Parker, H. W.
Patterson
Phillips, G. S.
Rainey

198
Reaves Ross Rowland Rush

JOURNAL OF THE HOUSE,

Scarborough Shanahan Shepherd Smith, V. T.

Wamble Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 12, nays 125.
The amendment was lost.

Mr. Brown of the 110th stated that he had voted under misapprehension and wished to be recorded as voting "aye" on the adoption of the amendment to the Committee substitute to HR 514-1028.

Paragraph 3 was again adopted.

The following paragraphs were read and adopted:
Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and bene fit of counsel; shall be furnished on demand, with a copy of the ac cusation and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph 6. Crimination of Self Not Compelled. No person shall be compelled to give testimony tending in any manner to criminate him self.
Paragraph 7. Jeopardy of Life or Liberty More than Once For bidden. No person shall be put in jeopardy of life qr liberty more than once for the same offense, save on his or her own motion for a new trial after conviction, or in case of mistrial.
Paragraph 8. Bail; Fines; Punishment; Arrest; Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph 9. Costs in Criminal Cases. No person shall be com pelled to pay costs or suffer any lien against his property therefor, ex cept after conviction and final adjudication on appeal, if any.

WEDNESDAY, JANUARY 14, 1970

199

Paragraph 10. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.

Paragraph 11. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or in terfere with such right, and no one shall be molested in person or proper ty, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with pub lic peace and safety.

By unanimous consent, the Clerk was directed to correct a typographical error in the Committee substitute to HR 514-1028 as follows:
Article 1, Section 1, Paragraph 11, Line 3, change the word "man" to "person".

The following paragraphs were read and adopted:
Paragraph 12. Appropriations to Churches, Sects, etc., Forbidden. No money shall ever be taken from the public Treasury, directly or in directly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.
Paragraph 13. Freedom of Speech and Press. Freedom of speech and of the press shall not be curtailed or restrained; any person may speak, write and publish his sentiments, on all subjects, being respon sible for the abuse of that freedom.

The following paragraph was read:
Paragraph 14. Searches, Seizures, Interceptions, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communication by any means, shall not be violated, and no warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place, or places, to be searched, the persons or things to be seized, or the communication to be intercepted.

The following amendment was read and adopted:
Mr. Lee of the 61st moves to amend Article I Paragraph 14 of HR 514-1028, Committee substitute, by striking the same in its entirety and inserting in lieu thereof the following:

200

JOURNAL OF THE HOUSE,

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the persons or things to be seized."

Paragraph 14, as amended, was adopted.

The following paragraphs were read and adopted:
Paragraph 15. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.
Paragraph 16. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.

The following paragraph was read:
Paragraph 17. Civil Authority Superior to Military. The civil au thority shall be superior to the military.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend HR 514-1028, Committee substitute, by deleting paragraph 17, of Article I, in its entirety and inserting a new Paragraph 17 as follows:
"Paragraph 17. Civil Authority Superior to Military. The civil au thority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law."
Paragraph 17, as amended, was adopted.

The following paragraphs were read and adopted:
Paragraph 18. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.
Paragraph 19. Imprisonment for Debt. There shall be no im prisonment for debt.

WEDNESDAY, JANUARY 14, 1970

201

The following paragraph was read:

Paragraph 20. Right to Keep and Bear Arms. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be kept and borne.

The following amendment was read and adopted:
Mr. Sorrells of the 24th moves to amend the Committee substitute to HR 514-1028 as follows:
By substituting in Paragraph 20 of Article 1, Section 1 in lieu of the word "people" the word "individual" and by striking the words, "kept and".
The paragraph, as amended, was adopted.

The following paragraphs were read and adopted:
Paragraph 21. Legislative, Judicial, and Executive Powers, Sepa rate. The legislative, judicial, and executive powers shall forever re main separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as herein provided.
Paragraph 22. Right to Assemble and Petition. The people shall have the right to assemble peaceably for their common good and to ap ply to those vested with the powers of government for redress of grievances by petition or remonstrance.
Paragraph 23. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship.
Paragraph 24. Attainder; Ex Post Facto and Retroactive Laws, Infringement of Contracts, Special Privileges. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immuni ties, shall be passed.
Paragraph 25. Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1,600.00 and shall have au thority to define a homestead and those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation, and encum brance thereof; and to provide for the waiver of said exemptions by the debtor.

202

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Messrs. Edwards of the 45th and Phillips of the 38th move to amend the Committee substitute to HR 514-1028 as follows:

By adding at the end of Section 1 of Article 1 a new Paragraph 26, to read as follows:
"Paragraph 26. Protection of Environment. The General Assem bly shall enact such laws as shall be necessary to protect and conserve the air, water and other environment in such condition which will en able all citizens to enjoy the full benefits thereof."
Section 1, as amended, was adopted.

The following paragraph was read and adopted:
SECTION 2.
Paragraph 1. State Rights. The people of this State have the in herent, sole, and exclusive right of regulating their internal govern ment, and the police thereof, and of altering and abolishing their Con stitution whenever it may be necessary to their safety and happiness.
The following paragraph was read:
Paragraph 2. Powers of Government. The enumeration in this Con stitution of specified powers and functions shall be construed neither as a grant of nor as a limitation on the powers of State government, but the State government shall have all of the powers not denied by this Constitution or by or under the Constitution of the United States.

The following amendment was read and adopted:

Mr. Harris of the 67th moves to amend Article 1, Section 2, Paragraph 2, on Page 5 of the Committee substitute to HR 514-1028, by adding the following sentence:
"The enumeration of rights herein contained as part of this Con stitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed."

WEDNESDAY, JANUARY 14, 1970

203

Paragraph 2, as amended, was adopted.

Section 2, as amended, was adopted.

The following paragraphs were read and adopted:
SECTION 3.
ELECTIONS
Paragraph 1. Elections by Ballot; Elector Defined. In all elections by the people, the electors shall vote by secret ballot. Every citizen of this State at least 18 years of age and a resident of this State possessing the qualifications provided by law and authorized under this section, and not laboring under any of the disqualifications or disabilities pro vided by law under this section, shall be an elector and entitled to register and vote at any election or nomination of candidates, but the General Assembly may by law establish: (1) minimum periods of resi dence not in excess of one year; (2) reasonable requirements of literacy and education; (3) disqualifications for voting for mental incompetency or conviction of crime.
Paragraph 2. General Assembly to Prescribe for Exercise of Elec tive Franchise. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residence for voting purposes, provide for the manner and place of voting, and pro vide for the administration of elections and the nomination of candidates.
Paragraph 3. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, theft, and breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.
Paragraph 4. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday in No vember.
Paragraph 5. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election in the manner as provided by general law.
Paragraph 6. Disqualification of Persons to Hold Office. The General Assembly may provide that no person who has been convicted

204

JOURNAL OF THE HOUSE,

of a crime, who is mentally incompetent, or who is the holder of public money illegally shall be eligible to hold any office or appointment of honor or trust in this State.

Section 3 was adopted.

The following paragraph was read and adopted:
SECTION 4.
EMINENT DOMAIN
Paragraph 1. Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. The power of eminent domain having been granted to counties, municipal corporations, and school districts under Article 7, Section 3, Paragraph 6, the General Assembly is hereby authorized to grant the power of eminent domain to any other political subdivision, public corporation, or public utility, to be exercised only for public purposes.

The following paragraph was read:
Paragraph 2. Private Ways; Public Purposes; Just Compensation. In case of necessity, private ways may be granted upon just compensa tion being first paid by the applicant. Private property shall not be taken or damaged for public purposes without just and adequate com pensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State, the coun ties, and the municipal corporations of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the State and its sub divisions may be protected. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is exercised. The General Assembly may provide by law that replacement value may be a factor in determining just and adequate compensation.

WEDNESDAY, JANUARY 14, 1970

205

The following amendment was read:

Mr. Douglas of the 42nd moves to amend Section 4, Paragraph 2 of HR 6141028, Committee substitute, by deleting the following language; "In fixing and determining the amount of just and adequate compensation to be paid for the property actually taken, consideration shall not be given to any increase of de crease in the value of the property actually taken resulting from the improve ments, or the anticipation thereof, in connection with which the right of eminent
domain is exercised".

On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Barber Battle Berry Bohannon Bostick Brooks Brown, B. D. Clarke Cole Collier Collins, S. Colwell Connell Cooper Daugherty Davis, W. Dodson Dorminy Douglas Edwards Fallin Farmer Felton

Floyd, L. R. Gary Geisinger Grahl Graves Hadaway Harris, R. W. Henderson
Holder Housley Johnson Joiner Jones, C. M. Keen Keyton Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Lowrey Matthews, C. Merritt Miles Murphy Northcutt

Paris Parker, C. A. Parker, H. W. Patterson Phillips, W. R. Pinkston Poole Rainey Ross Salem Scarborough Scarlett Shanahan Simkins Simmons Smith, J. R. Smith, V. T. Thompson, A. W.
Toles Wamble Westlake Whaley Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.

Atherton Bell Brown, C. Busbee Carnes

Cook Crowe Dailey Dickinson Egan

Ellis Floyd, J. H. Gaynor Gignilliat Hargrett

206
Harris, J. R. Harrison Hawes Howell Jones, M. Jordan, H. S. Kreeger Lee, W. S. Le vitas

JOURNAL OP THE HOUSE,

Lewis Marcus McClatchey Melton Miller Morris Mullinax Nunn Peterson

Sherman Sims Snow Sorrells Thomason Thompson
Townsend Vaughn Wood

Those not voting were Messrs.:

Adams Barfield Bennett Black Blalock Bond
Bowen Brantley, H. H. Brantley, H. L. Bray Buck Burruss Caldwell Gates Chandler Collins, M. Conger Conner Davis, E. T. Dean, J. E. Dean, N. DeLong Dent Dixon Evans Ezzard

Farrar Funk Griffin Gunter Hale Hamilton Harrington Harris, J. F. Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson Hutchinson Jones, Herb Jordan, G. Knowles
Lane, Dick Longino Mason Matthews, D. R. Mauldin
Maxwell McCracken McDaniell

Milford Moate Moore Nash Nessmith Odom Pafford Peters Phillips, G. S. Phillips, L. L. Pickard Potts Reaves Roach Rowland Rush Russell Shepherd
Sweat Ware Wheeler, Bobby Wilkerson Winkles Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 77, nays 42.

The amendment was adopted.
Mr. Sweat of the 65th stated that he wished to be recorded as voting "aye" on the adoption of the amendment to the Committee substitute to HR 514-1028.

Paragraph 2, as amended, was adopted.

WEDNESDAY, JANUARY 14,1970

207

The following paragraph- was read and adopted:

Paragraph 3. Outdoor Advertising and Junkyards. In order to com

ply with federal law providing for control of outdoor advertising and

junkyards adjacent to the roads of the Federal-aid highway systems

; therein:'

;:

"

,

(a) The State of Georgia, acting by and through the State High way Department, is authorized to acquire any interest in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junkyards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and

(b) The General Assembly may zone property adjacent to the public roads of such Federal-aid highway systems for commercial or industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or con trol of junkyards and may provide for rules and regulations governing advertising and junkyards adjacent to such roads.

Section 4, as amended, was adopted.

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, and HR 514-1028 was carried over as unfinished business.

208

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 15, 1970

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. George A. Nelson, Pastor, Third Street Baptist Church, Cordele, Georgia:
Dear Heavenly Father:
We pray this day that Thou wilt bless Governor Maddox and this great Assembly with Thy presence.
We pray for this government that it may function in accord with Thy will. May the decisions made here be pleasing in Thine eyes. May this great State of Georgia be an example to the other forty-nine states of this great country.
We thank Thee dear Lord for all Thy many blessings to us. We thank Thee for the freedoms which we so richly enjoy; freedom of speech; freedom of the press; freedom of assembly and last but not least freedom of worship. We join our hearts in thanking Thee for these and all our other blessings.
Thy Word hath said, "If my people which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land."; II Chronicles 7:14. So help us as Thy people to obey Thy Word, love Jesus Thy Son with all our hearts and follow Thy Holy Spirit in all His leadings.
We thank Thee for salvation through the Lord Jesus Christ in the free forgiveness of our sins.
We offer this prayer in the name of Jesus our Lord. 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.

THURSDAY, JANUARY 15, 1970

209

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. 7. That the Speaker may in his discretion call up any Bill on the General,
Calendar in any order that he desires.

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

HB 1080. By Messrs. Wheeler of the 57th, Barber of the 15th, Hudson of the48th, Hutchinson of the 61st and Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, etc., so as to remove the restriction which prohibits a member from establishing his membership after having withdrawn his, contributions more than one time; and for other purposes.
Referred to the Committee on Retirement.

HB 1081. By Messrs. Lane of the 101st and Collins of the 72nd:
A Bill to be entitled an Act to create the Georgia Driving Instructors. Examining Board; and for other purposes.
Referred to the Committee on State of Republic.

HB 1082. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to prohibit any person, firm or corporation from selling any soft drink or malt beverage contained in glass bottles, unless such bottles are returnable in exchange for monetary deposit; and for other purposes.
Referred to the Committee on Industry.

HB 1083. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck

210

JOURNAL OF THE HOUSE,

or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand in any manner as will permit the load to spill or blow off the truck; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1084. By Messrs. Parker, Lane and Nessmith of the 44th, Wheeler of the 57th, Brantley of the 52nd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equip ment and services to its members; and for other purposes.
Referred to the Committee on Industry.

HB 1085. 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 creating the Department of Public Safety, so as to change the rank and pay of the Driver's License Bureau Supervisor; and for other purposes.
Referred to the Committee on State of Republic.

HB 1086. By Messrs. Hutchinson of the 61st, Barber of the 15th, Parker of the 44th, Davis of the 75th, Joiner of the 35th, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall allot teachers to local units of administration on the basis of one teacher per 27 pupils in average daily attendance in grades one through seven of each local unit of administration; and for other purposes.
Referred to the Committee on Education.

HR 536-1086. By Mr. DeLong of the 80th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of all persons sixty-five years of age or older shall be exempt from all ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1087. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of

THURSDAY, JANUARY 15, 1970

211

Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.
Referred to the Committee on Retirement.

HB 1088. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.
Referred to the Committee on Retirement.

HB 1089. By Messrs. Bowen and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to change the provisions relating to former employees; to provide creditable service for employees; and for other purposes.
Referred to the Committee on Retirement.

HB 1090. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act authorizing the creation of an office within the State Division of Conservation, etc., so as to provide that said office may be created within any department of the executive branch; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 537-1090. By Mr. Wamble of the 69th:
A Resolution compensating the Grady County Electric Membership Corporation; and for other purposes.
Referred to the Committee on Appropriations.

HR 538-1090. By Mr. Salem of the 51st: A Resolution compensating Mr. Carl Goings; and for other purposes.
Referred to the Committee on Appropriations.

HR 539-1090. By Mr. Salem of the 51st: A resolution compensating Mr. R. L. Cato; and for other purposes.
Referred to the Committee on Appropriations.

212

JOURNAL OF THE HOUSE,

HE 540-1090. By Mr. Salem of the 51st: A Resolution compensating Mrs. Lula Pound; and for other purposes.
Referred to the Committee on Appropriations.

HR 541-1090. By Mr. Salem of the 51st: A Resolution compensating Mr. Jimmy W. Hall; and for other purposes.
Referred to the Committee on Appropriations.

JIB 1091. By Messrs. Snow and Crowe of the 1st and Peters of the 2nd:
A Bill to be entitled an Act to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, so as to change the information required to be kept by such dealers; and for other purposes.
Referred to the Committee on Industry.

HB 1092. By Messrs. Snow of the 1st, Thomason of the 77th, Harris of the 67th, Kreeger of the 117th, Crowe of the 1st, Peters of the 2nd and others:
A Bill to be entitled an Act to amend Code Section 29-101, relating to requisites of a deed to lands, so as to change the number and qualifica tions of witnesses needed for the attestation of a deed; and for other purposes.
Referred to the Committee on Judiciary.

HB 1093. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act revising, altering and con solidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits for the judges of said Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Gaynor of the 88th, Punk of the 92nd, Hill of the 94th and Ellis of the 91st:
A Bill to be entitled an Act to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, JANUARY 15, 1970

213

HB 1095. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Funk of the 92nd, Hill of the 94th, Ellis of the 91st and Whaley of the 93rd:
A Bill to be entitled an Act to amend an Act revising, altering and con solidating into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st and Maxwell of the 78th:
A Bill to be entitled an Act to amend an Act entitled the "Motor Vehicle Certificate of Title Act," so as to provide for the issuance of a certifi cate of title for salvage military or government surplus vehicles, trucks or trailers, and industrial vehicles, trucks and trailers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1097. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Chapter 34-10 of the Georgia Elec tion Code, relating to the nomination of candidates, so as to provide the procedures whereby qualification fees shall be set by the ordinaries, Secretary of State and political parties; and for other purposes.
Referred to the Committee on State of Republic.

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

HB 1045. By Messrs. Shanahan of the 8th and Ross of the 26th:
A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous criminal offenses, etc., so as to provide it shall be unlaw ful for any person, firm or corporation to issue or deliver to any person an unsolicited credit card; and for other purposes.

HB 1046. By Messrs. Lane of the 101st, Williams of the llth, Jordan of the 55th and Hudson of the 48th:
A Bill to be entitled an Act to provide for pre-school vision examinations and for the submission of reports in connection therewith; to provide for and prescribe the powers and duties of certain boards and officials in connection therewith; and for other purposes.

214

JOURNAL OF THE HOUSE,

HB 1047. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.

HB 1048. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to be known as the Georgia Public Livestock Market Charter Act to define terms, words and phrases; to provide for the chartering of public livestock markets and procedures connected therewith; and for other purposes.

HB 1049. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; and for other purposes.

HB 1050. By Messrs. Douglas of the 42nd and Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, etc.; to provide that any member of the system having 5 years service in the system may establish credit for service rendered as an employee of the State or any agency thereof; and for other purposes.

HB 1051. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor as their interests may appear; and for other purposes.

HB 1052. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend an Act providing for personal jurisdiction over any non-resident, his executor or adminstrator as to a cause of action arising from the transaction of business in this State; commission of tortious act within this State, etc., using or possessing real property situated within this State, etc., as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.

THURSDAY, JANUARY 15, 1970

215

HB 1053. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that there shall be printed upon each ticket, required for admission into any musical entertainment event, certain warnings if it is anticipated that the sound level of such event might reach proportions which could be injurious to the health; and for other purposes.

HB 1054. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that credit investigating com panies must furnish certain information to certain agents of the persons they investigate; to provide for certain immunities from certain civil liabilities; and for other purposes.

HB 1055. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that any person employed as a teacher in any public school system or by any private school who shall wilfully fail to report to his principal, superior or appropriate law enforcement officer any knowledge relating to the control, regulation of manufacture, production, distribution and use of drugs shall be guilty of a misdemeanor; and for other purposes.

HB 1056. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 34-103, relating to definitions of the "Georgia Election Code" so as to reduce the percentage of the total vote necessary to qualify as a political party; and for other purposes.

HB 1057. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide that it shall be unlawful for any official of the United States Government to force any student, regard less of race, creed or color, to attend a school not of such students' own choosing; and for other purposes.

HB 1058. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to make it unlawful to bury nuclear waste in the State of Georgia without the unanimous approval of the Governor, the Director of the State Health Department, the Executive Secretary of the State Water Quality Control Board; and for other purposes.

HB 1059. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to prohibit any person, firm or corporation from holding, conducting or staging any fair, rodeo or other activity involving cattle or livestock on grounds where any athletic event will take place within a 90-day period; and for other purposes.

216

JOURNAL OF THE HOUSE,

HB 1060. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 26-2602, relating to the offense of inciting to riot, so as to redefine the offense of inciting to riot; and for other purposes.

HB 1061. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts of Georgia, etc., as to include provisions relative to delinquent payments; and for other purposes.

HB 1062. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.

HB 1063. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail has been set at a higher amount at the preliminary or commitment hearing; and for other purposes.

HB 1064. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with the construction, alteration, repair or maintenance of a building structure appurtenances and appliances which undertake to hold the promisee free from liability for his own negligence shall be void and uninforceable as against public policy; and for other purposes.

HB 1065. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act regulating driver training schools and providing requirements for their licensing, the qualification and licensing of instructors at such schools, and their bonding and insur ance, etc., so as to delete the requirement that driver training instructors shall complete driver education and safety courses in an accredited col lege or university; and for other purposes.

HB 1066. By Messrs. Hargrett of the 58th and Lee of the 61st:
A Bill to be entitled an Act to provide that upon the receipt from the Attorney General of the State of Georgia of documentation of substan-

THURSDAY, JANUARY 15, 1970

217

tial and tangible legal evidence that any corporate firm in the State of Georgia is directly or indirectly connected to organized syndicate type crime of intra or interstate proportions the Governor shall instruct the Attorney General to revoke the corporate charter; and for other purposes.

HB 1067. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be considered by parole authorities; and for other purposes.

HB 1068. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Schley County; and for other purposes.

HB 1069. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Schley County, known as the fee system; to provide an annual salary; and for other purposes.

HB 1070. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to prohibit any person from operating a motorboat with more than ten horsepower unless such person is in possession of a valid motor vehicle operator's license, or is at least twelve years old and is accompanied by a licensed driver; and for other purposes.

HB 1071. By Mr. Joradn of the 74th:
A Bill to be entitled an Act to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other purposes.

HB 1072. By Mr. Mauldin of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Court of Franklin County; and for other purposes.

218

JOURNAL OF THE HOUSE,

HR 521-1072. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th, Black of the 45th and others:
A Resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; and for other purposes.

HR 522-1072. By Mr. Levitas of the 77th:
A Resolution repealing a resolution requesting Congress to call a con vention for the purpose of proposing an amendment to the Constitution of the U. S. relative to apportionment; and for other purposes.

HR 523-1072. By Messrs. Hudson and Dorminy of the 48th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing school district in the County of Ben Hill lying outside the corporate limits; and for other purposes.

HR 524-1072. By Messrs. Hudson of the 48th, Douglas of the 42nd, Matthews of the 63rd, Reaves of the 71st and Wheeler of the 57th:
A Resolution requesting relief from the Farmers Home Administration of the U. S. Department of Agriculture; and for other purposes.

HR 525-1072. By Mr. Jordan of the 74th:
A Resolution authorizing and directing the Claims Advisory Board to accept and approve claims made by claimants insured with the State Farm Mutual Insurance Company, even though such claimants are unable to procure a signed waiver or subrogation rights from State Farm; and for other purposes.

HR 526-1072. By Mr. Collins of the 72nd:
A Resolution compensating Mr. Henry Weldon Mason; and for other purposes.

HR 527-1072. By Mr. Hargrett of the 58th: A Resolution relative to Altamaha River Basin; and for other purposes.

HB 1073. By Messrs. Edwards of the 45th, Dailey of the 53rd and Black of the 45th:
A Bill to be entitled an Act to repeal an Act providing for compulsory school attendance; and for other purposes.

THURSDAY, JANUARY 15, 1970

219

HB 1074. By Mr. Vaughn of the 74th:

:

A Bill to be entitled an Act to amend an Act to create the office of State

Highway Board, Chairman of State Highway Board and Treasurer of

State Highway Department, so as to recreate the office of Treasurer,

State Highway Department; to provide for his appointment, qualifica

tions and duties; and for other purposes.

HB 1075. By Messrs. Westlake, Davis and Floyd of the 75th:
A Bill to be entitled an Act to provide that each political subdivision of this State, having under its control and management public funds, shall employ an accounting system, based upon the accrual method of account ing which shall comply with the generally accepted accounting principles applicable to governmental units; and for other purposes.

HB 1076. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of public roads and highways in this State, so as to provide that motor buses of any urban transit system operating under jurisdiction of the Public Service Commission may not exceed a total outside width of 102", and that said buses may not be operated over a route of 50 miles or more and may not be operated on the National System of Inter state and Defense Highways; and for other purposes.

HB 1077. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limitation any Superior Court Judge who had elected to have his widow receive certain benefits to which he would have been entitled may rescind said action and be reimbursed for any contributions; and for other purposes.

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others:
A Bill to be entitled an Act to amend Code Section 92-5001, relating to interest on taxes due the State and counties; so as to change the rate of interest; and for other purposes.

HR 535-1078. By Mr. Vaughn of the 74th:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee ; and for other purposes.

220

JOURNAL OF THE HOUSE,

HB 1079. By Mr. Punk of the 92nd:
A Bill to be entitled an Act to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes; and for other purposes.

By unanimous consent, the following Bills of the House were withdrawn
from the Committee on Special Judiciary and referred to the Committee on Retirement:

HB 21. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act creating the posi tions of Chief Justice Emeritus and Associate Justice Emeritus, as amended, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Em ployees' Retirement System; and for other purposes.

HB 22. By Mr. McClatchey of the 118th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Hygiene and Sanitation and referred to the Committee on Natu ral Resources:
HB 1033. By Mr. Games of the 104th: A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.
Mr. Brown of the 110th arose to a point of personal privilege and addressed the House.
The following Resolution of the House was read and adopted:
HR 542. By Messrs. Brown of the 110th, Alexander of the 108th, Shepherd of the 107th, and Thompson of the 85th:
A RESOLUTION
Relative to the observance of Martin Luther King, Jr.'s birthday; and for other purposes.

THURSDAY, JANUARY 15, 1970

221

WHEREAS, January 15 marks the birth date of one of Georgia's distinguished past citizens; and

WHEREAS, if he had lived, today would have been the 41st birth day of the late Martin Luther King, Jr.; and

WHEREAS, during his relatively short period of life, the events and circumstances surrounding this dynamic man focused the attention of the nation and many citizens of the world upon the State of Georgia; and

WHEREAS, it is the desire of this body to pause for a moment to reflect upon the eventful occurrences which took place during Martin Luther King, Jr.'s life.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body pause for a moment in its im portant deliberations and recognize this day as the birthday of the late Martin Luther King, Jr.

Mr. Lane of the 101st requested the following statement appear in the Journal:

"Because of disagreement with the philosophy of the late Martin Luther King, Jr., I would like to be recorded as voting against the adoption of HR 542."

Messrs. Rainey of the 47th, Grahl of the 40th, Dorminy of the 48th, Lane of the 44th and Matthews of the 63rd requested that the Journal record their opposi tion to the adoption of HR 542.
Under the special and continuous order of business, the Committee substitute to HR 514-1028 was again taken up for consideration.
The following paragraph was read and adopted:
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 1
Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Each house shall deter mine its rules of procedure.
Section 1 was adopted.

222

JOURNAL OF THE HOUSE,

The following paragraph (sub-paragraphs (a) and (b)) were read and adopted:

SECTION 2

Paragraph 1. Composition of General Assembly.

(a) Senate. The Senate shall consist of no less than 45 or no more than 60 Senators, as determined by the General Assembly, and one Senator shall be elected from each district.

(b) House of Representatives. The House of Representatives shall consist of no less than 150 and no more than 195 members elected from districts as determined by the General Assembly.

The following paragraph was read:
Paragraph 2. Apportionment of General Assembly. The apportion ment of the Senate and of the House of Representatives shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. No reapportionment pursuant to this Section shall affect any then incumbent member of either house and such members may continue to serve during the re mainder of the term for which they were elected.
By unanimous consent, further consideration of Paragraph 2 was postponed.

The following paragraph was read:
Paragraph 3. Qualifications of Members of General Assembly. At the time of their election, the members of the General Assembly shall be citizens of the United States, shall be at least 18 years of age, shall have been citizens of this State for at least two years, and shall have been residents of the territory embraced within the district from which elected for at least 90 days.

The following amendment was read:
Mr. Carnes of the 104th moves to amend HR 514-1028 (Committee substitute) by substituting on line 25 of Article 2, Section 2, Paragraph 3, the numerals "21" in lieu of "18" and in the same Article, Section and Paragraph on line 28 in lieu of the words "90 days" the words "one year".

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

THlMSDAY, JANUARY 15, 1970

223

Thbse vo'tiWg in the affirmative were Messrs.:

Alexander Ballard Barber Barfield Battle Bell Berry Black Blalock Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Brooks Brown, C. Burruss Busbee Carnes Clarke 'Cole 'Collins, S. Colwell Conger Connell Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Ellis Ezzard Floyd, J. H.

Floyd, L. R. Funk Gary Gignilliat Grahl Graves Gunter Hargrett . Harrington , . Harris, J. F. Harrison Higginbotham Holder Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Keen Keyton Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miles Miller

Moate . ..'."."

Moore

Morris

Mullinax

Murphy

Nessmith

Paris

Parker, H. W.

Patterson

Peters

; .- .

Phillips, L. L,

Pickard

Pinkston

Poole

Potts

Rainey

Reaves

Ross

Rush

Salem

Scarborough

Scarlett

Shanahan

Shepherd

Sherman

Simkins

Simmons

Sims

Smith, J. R.

Sweat

Toles

Vaughn

Ware

Westlake

Whaley

Wheeler, Bobby

Wheeler, J. A.

Wilkerson

Winkles

Wilson

Those voting in the negative were Messrs.

Anderson Bray Collins, M. Cook Edwards Egan Evans

Fallin Farrar Gaynor Hamilton Harris, J. R. Harris, R. W. Hawes

Jones, M. Jordan, G. Jordan, H. S. Knowles Kreeger Lambert Levitas

224
Milford Nunn Pafford Peterson

JOURNAL OF THE HOUSE,

Phillips, W. R.
Roach Smith, V. T. Snow

Thompson, A. Townsend Williams

Those not voting were Messrs.:

Adams Atherton Bennett Bond Brown, B. D. Buck Caldwell Gates Chandler Collier Conner Daugherty Dorminy Farmer

Felton Geisinger Griffin Hadaway Hale Henderson Hill, B. L. Hill, G. Hood Horton Jones, C. M. Lewis Matthews, D. R. McCracken

McDaniell Nash Northcutt Odom Parker, C. A. Phillips, G. S. Rowland Russell Sorrells Thomason Thompson, R. Wamble Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 121, nays 32.

The amendment was adopted.

Mr. Thomason of the 77th requested that the following statement appear in the Journal:

"I was required to be off the floor when the amendment to Paragraph 3, Article 2, Section II of the Committee substitute to HR 514-1028 was voted on. Had I been present, I would have voted affirmatively."

The paragraph, as amended, was adopted.

The following paragraphs were read and adopted:
Paragraph 4. Eligibility. No person on active duty with any branch of the Armed Forces of the United States, and no person holding any civil appointment or office having any emolument or compensation annexed thereto under the United States, this State or any other State, except members of the National Guard or Reserve Armed Forces, shall have a seat in either house. No Senator or Representative shall be elected

THURSDAY, JANUARY 15, 1970

225

by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representa tive shall be appointed to any civil office which is created during such term.

Paragraph 5. Election and Terms of Members. Members of the Senate and House of Representatives shall be elected by the qualified electors of their respective districts for a term of two years.

Paragraph 6. Oath of Members. Each Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interest and prosperity of this State."

Paragraph 7. Vacancies. When a vacancy occurs in the General Assembly it shall be filled as provided by law. The seat of a member of either house shall be vacant upon the removal of his legal residence from the district from which he was elected.

Paragraph 8. Compensation of Members. The members of the Gen eral Assembly shall receive an annual salary and such allowances as may be prescribed by law, but any increase or decrease in the amount thereof shall not apply to the General Assembly which enacted the same.

Mr. Floyd of the 7th asked unanimous consent that the House reconsider its action in adopting Paragraph 1 of Section 2, Article 2.

The consent was granted, and the paragraph was reconsidered.

The following amendment was read:

Mr. Floyd of the 7th moves to strike Paragraph 1 (sub-paragraph 'b'), Sec tion II of Article II and substitute in lieu thereof the following:
(b) House of Representatives. The House of Representatives shall consist of no less than 195 members elected from districts as determined by the General Assembly.

226

JOURNAL OF :THE HOUSE,

On the adoption of the amendment, the roll call was ordered .and the vote was

as follows:

.. ,.-.

.--.'--

: . ..-.r.

Those voting in the affirmative were Messrs.

Anderson Black Bohannon Bo wen Brantley, H. L. Collins, M. Colwell Cooper Crowe Dailey Dean, N. Dickinson Edwards Ployd, J. H. Funk Grahl Gunter Hadaway

Harrison Hill, G. Holder Howell Hudson Hutchinson Keyton Lane, W. J. Mauldin '
Miles Milford Moate Moore Murphy Nash Nessmith Northcutt Parker, C. A.

Parker, H. W. Patterson PPhhiil-llliippss,',-WL.-.'L-R. .
Poole Potts Reaves Roach Ross Rush Russell.;., Scarlett Shanahan Smith, J. R.' Sweat Wamble Whaley Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams Alexander Barfield Battle Bell Berry Brantley, H. H. Bray Brown, C. Buck Burruss Busbee Games Cole Collier Collins, S. Connell Conner Cook Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dodson Douglas

Egan Ellis Evans Ezzard Fallin Farmer Felton, Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Hamilton Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham
Hood Housley Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen

Knapp Kreeger Lambert Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lowrey Marcus Maxwell McClatchey McDaniell Melton Merritt
Miller Morris Nunn Paris Peters Pinkston Salem Shepherd Sherman Simkins Simmons

THURSDAY, JANUARY 15, 1970

227

Sims Smith, V. T. Sorrells Thompson, A. W. Toles

Townsend Vaughn Westlake Wheeler, Bobby Wilkerson

Winkles Williams, W. M. Wilson

Those not voting were Messrs.:

Atherton Ballard Barber Bennett Blalock Bond Bostick Brooks Brown, B. D. Caldwell Gates Chandler Clarke Conger Daugherty Dixon Dorminy

Farrar Griffin Hale Hargrett Harrington Harris, J. F. Hill Horton Johnson Jones, Herb Jordan, G. Knowles Leonard Longino Mason Matthews, C. Matthews, D. R.

MeCracken, Mullinax Odom Pafford Peterson Phillips, G. S. Pickard Rainey Rowland Scarborough Snow Thomason Thompson, R. Ware Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 54, nays 91.

The amendment was lost.

The paragraph was again adopted.

Mr. Barber of the 15th stated that he had been called from the floor of the House when the roll call was ordered on the amendment by Mr. Floyd to the Committee substitute to HR 514-1028, but had he been present would have voted "nay".

Paragraph 2, previously postponed, was taken up for consideration. The following amendment was read and adopted:

228

JOURNAL OF THE HOUSE,

Mr. Hawes of 95th District moves to amend HR 514-1028 by striking from Article 2, Sec. 2, Paragraph 2 after the words "General Assembly", the words "if necessary"

Paragraph 2, as amended, was adopted.

Section 2, as amended, was adopted.

The following paragraph was read:
SECTION 3
Paragraph 1. Meeting, Time Limit, and Adjournment. The General Assembly shall be a continuous body during the term for which the members thereof are elected. The General Assembly shall meet in regular session annually on the first Monday in February and may continue in session for a period no longer than 60 days; provided, however, that by an affirmative vote of two-thirds of the members elected to each house, a regular session may be extended for a period no longer than 20 days. The vote as to any such extension shall be taken not later than 45 days following the convening of such regular session. If an impeachment trial is pending at the end of any session, the House of Representatives may adjourn and the Senate may remain in session until such trial is completed.
The following amendment was read and adopted:
Mr. Nessmith of the 44th moves to amend the Judiciary Committee substitute to H.R. No. 514-1028 as follows:
By striking from the second sentence of Article 2, Section 3, Para graph 1, the words: "first Monday in February" and inserting in lieu thereof, "second Monday in January."
Paragraph 1, as amended, was adopted.
By unanimous consent, further consideration of HR 514-1028 was postponed until after the Joint Session and noon recess.
The following Resolution of the House was read and adopted:
HR 547. By Messrs. Smith of the 43rd, Douglas of the 42nd, Phillips of the 38th, Floyd of the 7th, Hale of the 1st, McCracken of the 49th, Lambert of the 25th, Busbee of the 61st, and many many others:

THURSDAY, JANUARY 15, 1970

229

A RESOLUTION

Expressing regret at the passing of Honorable Emory L. Rowland; and for other purposes.

WHEREAS, Honorable Emory L. Rowland, Representative from the 42nd District, composed of Laurens and Johnson Counties, passed away on January 14, 1970; and

WHEREAS, he was born May 20, 1902, in Wrightsville, Georgia, and was graduated from Wrightsville High School and Georgia Military College; and

WHEREAS, he was a long time member of the Bar of Georgia, having been admitted in 1923; and

WHEREAS, he served as Ordinary of Johnson County and Solicitor of the City Court of Wrightsville; and

WHEREAS, he was prominent in the civic, religious and public af fairs of his community, and was one of the outstanding citizens of his entire area; and

WHEREAS, he had a long record of dedicated service as a member of this body, having served since 1941, with the exception of four years while Solicitor of the City Court of Wrightsville; and

WHEREAS, his passing is a great loss to the General Assembly and to the citizens of his locality and State; and

WHEREAS, he is survived by his wife, the former Mary Virginia Hodges, a daughter, Mrs. Alvin C. Whelchel, a son, Emory Hodges Row land, five sisters, Mrs. Joseph Schwab, Mrs. Alvin Price, Mrs. Gladys Carter, Mrs. Grady Hipp, Mrs. Frank Jackson, and several grandchil dren.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their profoundest regrets at the passing of Honorable Emory L. Row land, and extend their deepest sympathy to Mrs. Rowland and the other members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Mrs. Rowland and the other members of the family.

The hour of 11:30 o'clock having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing an address by His Excellency, Governor Lester G. Maddox, was called to order by the President of the Senate.

230

JOURNAL OF THE HOUSE,

The Secretary of the Senate read HE 513, previously adopted by the House and Senate, calling for the Joint Session.

Accompanied by the Committee of Escort, and other distinguished guests, Governor Lester G. Maddox appeared upon the floor of the House and delivered the following address:

LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DIS TINGUISHED MEMBERS OF THE GEORGIA GENERAL AS SEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:

On Tuesday of this week, you honored me with the opportunity to deliver to you and the people of Georgia my State of the State message.

I appreciate, once again, this opportunity to come before you, the distinguished elected representatives of the people and present to you for your study, deliberation and full consideration my Budget Message-- one to which I have given long hours of preparation and thoughtful consideration.

At this time, I want to pay tribute to a fine Georgian who was a friend to us all.

I am grieved as I speak to you over the loss of my friend and budget officer and a former member of the Senate and the House, the honorable Wilson B. Wilkes, who labored at my side for nearly three years and who worked with me on this budget. I shall miss his friendly counsel and quick intellect. He was a public servant in the truest sense of the word.

HONESTY, EFFICIENCY AND MORALITY PROMISED

Before I make my recommendations and proposals that I am con vinced will carry our State to her greatest heights and mark her for truly outstanding leadership in this great nation, I want to talk to you, and to my fellow Georgians who are listening over statewide radio and television, about the business operations of your state government.

As a citizen and businessman who has devoted much of his life to a businesslike and efficient operation, whether it be in government or in business, I want to outline to you how this Administration has worked, and will continue to work, in protecting the dollars and best interests of the people of this State. I do this to assure you and our constituents that the dollars I shall ask for in this Budget Message shall be under the same watchful eye.

As a candidate for governor, I promised honesty, efficiency and morality in state government such as had not been witnessed in 20th century Georgia.

Upon taking office as governor, in too many places I saw waste inefficiency and, in some places, an utter contempt for real economy.

THURSDAY, JANUARY 15, 1970

231

I found coverup of wrongdoing as a normal practice, rather than the exception. The interest of the taxpayers was ignored and some officials and others had covered up for so long that they thought it was right to cheat the taxpayers.
This Administration declared war on such practices.
One of my first budget requests as governor of Georgia was for funds which enabled us to establish, for the first time, a long-needed manage ment analysis section in the Budget Bureau. Economy experts in this section have made extensive studies of costs, methods and personnel utilization in the various state agencies and have helped to eliminate many of the costly duplications of services, inefficient operations and unbusinesslike practices which had accumulated over the years.
INVOLVEMENT OP THE PEOPLE
As I promised all Georgians, this has been a people's administration from the beginning, and the good, patriotic and honest citizens-- Democrats, Republicans and Independents--those who supported and those who opposed my candidacy from throughout Georgia and from every walk of life, joined and helped us work to make Georgia a better place in which to live.
Legislators, state house officials, the news media and all Georgia citizens now enjoy more freedom as it relates to the Governor's Office and state government than ever before. All Georgians, for the very first time, are free to look, investigate, question, comment and criticize openly--and most of you are taking advantage of this.

In fact, on a few occasions, I feel as though some of you overdo it.

However, I am quick to recognize that some of you may feel the same about me, and when I am finished with what I am about to say, you may be more convinced of that than ever.
HONESTY, EFFICIENCY AND MORALITY PRACTICED
It had always been the practice in state government for gasoline purchases to be made on the basis of political patronage, rather than on the basis of competitive bid. Neither the cost nor the taxpayers were considered. That practice has been ended, and it is estimated that, during this year alone, over six hundred thousand dollars will be saved.

We found that 130,000 dollars had been taken from an Employees' Credit Union, and even though others knew about the loss, it was not investigated and cleaned up until this Administration assumed office.

For more than 15 years, hundreds of thousands of dollars had been paid out needlessly to private legal firms for retainers, consultant fees, for the handling of bond issues and other routine matters.

The State Building Authority was set up by the General Assembly in 1951 and, although it disbursed tens of millions of dollars, no regular meeting to conduct Authority business were held.

232

JOURNAL OF THE HOUSE,

I was appalled to find that one firm, since 1959, maintained free office and storage space at the Capitol and received over six million
dollars in construction and renovation contracts without even one
competitive bid. It is my opinion that this one unbusinesslike practice cost the taxpayers over one million dollars.

I also found that a building was bought on Pryor Street in 1966, was renovated without bid at $28.50 per square foot, and, when finished could not have been sold at $18.50 per square foot.

We have a State Employees' Cafeteria, selling generally poor quality food, which I found to be losing three thousand to four thousand dollars weekly. When I complained, I was told that the State was not supposed to make money from the cafeteria operation.

To this I agreed, but I stated that it was wrong for the taxpayers
to have to pay $150,000 or more annually for the waste, losses and inefficiency of such an operation.

Although we have reduced some of these losses, it remains a very poor operation, and I will continue to urge Authority members, as I have in the past, to open this lease for competitive bidding. We can do no less if we are to offer State employees better food and the tax payers a better deal. It is regrettable that the Authority members would permit such a poor operation to continue.

We have removed some people from State payrolls who had drawn checks for years, although working little or none, cheating the taxpayers.

And in regional State operations, where we found the misuse and misappropriation of personnel, supplies and equipment for the benefit of
State supervisors or employees, their businesses or friends, we acted promptly and firmly to correct such injustices to the taxpayers of this
State.

And the list goes on and on.

I just wanted to cite to you a few specific examples of what this
Administration is trying to do to get government to serve the best interests of the people.

But, I also want to express my gratitude to those many faithful and dedicated department heads and employees who have cooperated to the
fullest extent and made it all possible. All of us are indebted to the most able career state employees.

Not only have we worked to save tax dollars by insisting upon efficiency in state government, but we are working to save tax revenue everywhere we can. With the legislation passed last year by this esteemed body, Georgia's cities and counties will be able to save untold millions of dollars on their purchases. It is now possible for local gov ernments to buy any article sold to the State at the State's price. A small

THURSDAY, JANUARY 15, 1970

233

city government buying one car can get it at the same price that it would cost the State buying a fleet of three or four hundred.

STATE'S FINANCIAL STANDING

It is with full confidence that the Georgia taxpayer is getting a dollar's worth of service for each dollar spent by the State that I now bring you up to date on the financial standing of our state government and offer my proposals for insuring the continuation of our extraordinary rate of progress and prosperty.

At the beginning of this fiscal year, we had a little more than 27 million dollars in unappropriated surplus. After deleting 4.3 million of these dollars which were required to be transferred to the Highway Department to reflect the net Motor Fuel Tax collections in the preceding fiscal year, and after adding in some 14.3 million dollars of lapsed funds from the various state agencies, we are left with a total of a little over 37 million dollars in surplus funds available for supplemental
appropriation.

SUPPLEMENTAL REQUESTS

In order to meet the immediate needs of state agencies for the remainder of the current fiscal year, I am recommending that the fiscal 1970 appropriations be increased by 3.5 million dollars, which would bring our present appropriation level to 941.1 million dollars

These additional three and one-half million dollars will provide for the salary increases and contingent expense allowances for judges of the Superior Courts, as required by an Act of the 1969 General Assembly, provide the funds necessary to meet unanticipated increases in roll growth in welfare benefits, and a number of other critical items as you see outlined in the budget document before you.

I am also recommending additional advertising funds for the Department of Industry and Trade and the presiding officers of both the House and the Senate have graciously consented to continue this Joint Session after the conclusion of my speech in order that you might view a short presentation which, I feel sure you will agree, justifies my recommendation.

REVENUE ESTIMATES REVISED
Let's turn our attention, now, to the upcoming fiscal year which begins July 1, 1970.

In order to insure that we always have sufficient funds in the State Treasury to meet the obligations of state government, it is traditional to be somewhat conservative when estimating anticipated revenue receipts. This is only good business.

After a careful analysis of past and current trends in our economy made by economists, professional revenue estimators, members of our

234

JOURNAL OF THE HOUSE,

State Budget Bureau and by myself, it is a pleasure to report to you that last year we were again conservative when estimating revenue receipts for fiscal '70 and '71. I hope this will continue to be true, so that we will always meet appropriations made by the General Assembly.

By including more recent data in our projections, we have revised the estimate of revenue receipts for the current year to provide an additional 24.8 million dollars.

In considering all available information, we all agree that a safe and a reasonable estimate of anticipated revenue receipts for fiscal '71 is one billion, 25 million dollars, which represents a 10.7 percent increase over our revised estimate of the revenue receipts for fiscal 1970.

It is my considered judgment that any higher estimate would be fiscally unsound, particularly in view of the unsettled state of the economy, the present curtailment of industrial production, the slowdown in housing starts, backed-up inventories and slow sales in some fields.

With the 14.3 million dollars in lapsed funds, along with the 24.8 million dollars increase in the estimated revenue for the current fiscal year, and with the other unappropriated surplus currently on hand, it is estimated that we will have a surplus of 58 million, 350 thousand dollars by July 1, 1970.

TWO-PART BUDGET
You will notice in the budget document before you that I have divided my recommendations into two categories: The first, which we will call Budget A, contains recommendations for an appropriation of one billion, 82 million, 586 thousand dollars for fiscal 1971.
Following the presentation of Budget A, I will outline to you the proposals contained in Budget B of your document.

BUDGET A PROPOSALS
Let's look, now, at the recommendations contained in Budget A. This is a good budget, and one that has been compiled by hard work and sincere efforts on the part of this Governor, the Budget Bureau staff and the various department heads.
In almost every program being carried on by the State, a certain minimum increase must be provided to continue services at a standstill level.
Our estimate of the built-in increases for fiscal year 1971 is more than 50 million dollars. This increase is brought about by the effects of inflation, built-in wage and salary increases, roll growths, increased school attendance, mandated federal programs and the phasing-in of state institutions.

THURSDAY, JANUARY 15, 1970

235

I consider this item a simple statement of fact, rather than a recommendation as such.

SALARY INCREASES
I am recommending a four hundred dollar across-the-board salary increases for all employees on the State Merit System pay plan, for school teachers and other state-supported educational personnel employed by the school systems, and for academic and nonacademic personnel of the University System.
I have chosen this across-the-board method of salary adjustment, in preference to the percentage method of granting salary increases because it is the only fair way.
When special salary adjustments such as this are granted on a uniform percentage basis, with the amount determined by the current salary of an employee, the gap between the low income employees and the higher income employees is widened even further. My proposal, if adopted, will help to avoid the increasing of this inequity.

FOR STATE EMPLOYEES
Actually, when we consider that the last overall adjustments in State employees' pay was back in October of 1968, and that the costof-living index increased 6.5 points during the period of January through November of 1969, alone, it is obvious that the pay increase which I propose will not even compensate for inflation over the two years--1969-1970.
This proposed salary increase is the absolute minimum required. It is not a "get ahead" increase request, but one which, if implemented, will help keep us from falling behind. Since our last pay adjustment for State employees, pay increases from seven to ten percent were granted employees of the Federal government and those of our neigh boring states. Also, annual wage and salary increases in major industry and business make it even more imperative that we act, and now, to maintain our position and protect our investments.

FOR TEACHERS
And, since our last statewide adjustment in teacher salaries in October, 1968, every state adjacent to Georgia has granted their teachers substantial pay increases.
There is no doubt in my mind that the favorable position enjoyed by our State in teacher recruitment at this time is seriously threatened by not having provided a salary increase in the present fiscal year. Failure to implement the minimum wage adjustments I recommend could well be disastrous.

236

JOURNAL OF THE HOUSE,

FOR UNIVERSITY PERSONNEL

As you will remember, the Board of Regents increased student fees early last year to help offset the deficit in funds needed for salary increases for University System personnel at that time.

My recommendation of $400 per equivalent fulltime position for salary upgrading is the bare minimum necessary if we are to continue the fine progress made by the institutions in our University System.

EDUCATION
And, now, we come to a budgetary item of paramount concern, be cause of its tremendous importance to the majority of the citizens of our State. Of course, I am talking about education.
I am giving highest priority in my budget recommendations to the item of 10.3 million dollars to reduce the pupil-teacher ratio in the elementary grades from 28 to one to 26 to one. I know that you will all agree that an even further reduction in this ratio should be made.
Other major improvements recommended for the Department of Education's budget are :
Five hundred additional teachers and associated expenses for im provement and expansion of special education programs for the mentally retarded, physically handicapped and other exceptional children;
An increase of $100 in the rate of maintenance and operation payments to local school systems;
A $150 annual salary increase for school bus drivers;
An increase in the school lunch grants by one cent per meal to defray drastically increased lunchroom operation costs and to help hold down the price of lunches to the children;
And authority lease rental funds to finance approximately 27 mil lion, 500 thousand dollars in public school construction. I consider this all the more imperative because our present budget for fiscal year 1970 provides no funds for additional or replacement schoolrooms and buildings.
The total increase for the State Department of Education in this Budget A is 39.3 million dollars, which is nearly 60 million dollars less than requested by that department.

UNIVERSITY SYSTEM

The Board of Regents requested an increase of 48 million dollars for fiscal 1971. I have trimmed this to the bare minimum of 29.3 million
dollars.

THURSDAY, JANUARY 15, 1970

237

In addition to the salary increases, the funds will provide for:

Fifteen hundred positions required to meet the growth in student enrollment and instruction load at the current rates and to improve the level of instructional financing; and,

An additional 979 thousand dollars to finance patient load increases and to provide additional instructional capacity in Talmadge Memorial Hospital.

In order to be ready for the expected enrollment increases from the present 88 thousand to 120 thousand by 1975, I am recommending two million, 500 thousand dollars in authority lease rentals to initiate a building program totaling 27 million, 500 thousand dollars in fiscal 1971.
I remind you that the current fiscal year budget does not include any funds for University System building construction.

PUBLIC HEALTH
To continue our nationally recognized progress in the care of the mentally ill, I am recommending authority lease rental funds to be included in appropriations to the Department of Public Health in order that we can begin construction in fiscal year 1971 of a regional mental hospital at Columbus as well as a multi-purpose mental hospital and tuberculosis facility at Rome. These two hospitals have already been delayed too long, and I beg you to delay no longer.
My recommendations for the Department of Public Health also include additional funds to:
Fully air-condition existing facilities at Gracewood State School and Hospital, which is a critical need;
Renovate patients' quarters and establish decentralized admission facilities at Central State Hospital; and,
Provide for improved alcohol and drug rehabilitation programs.
In the medical assistance program for welfare recipients, I am recom mending an increase in State funds of 4.9 million dollars, which will gen erate an additional 12.3 million dollars in federal funds for Medicaid benefits.
The Health Department requested 58.1 million dollars. I cut their request by 28.7 million dollars and am recommending increased funds of 29.4 million dollars.

FAMILY AND CHILDREN SERVICES
In order to help provide for the basic needs of those of our citizens who are either too old, too young, too sick or otherwise unable to provide

238

JOURNAL OF THE HOUSE,

for themselves, I am recommending that funds be appropriated to provide for:

The anticipated roll growth in the benefits program for the aged, the blind, the disabled, foster children and for families with dependent children; and,

A fivfrdollar cost-of-living increase for 136,000 aged, blind, and disabled adults, a request which I believe you will find easy to support when you consider that the maximum monthly payment is now only $82,00 and the average monthly payment is a meager $54.00.

I am also recommending that you appropriate 2.5 million dollars to construct a 200-bed security development center for delinquent boys and an increase of three million dollars for grants to counties in the adminis tration of local welfare programs.

CORRECTIONS
In order to bring us even closer to our overall goal, which I am sure you share, of offering men and women in our prisons real rehabilitation rather than just destructive incarceration, I am recommending that funds be appropriated for:
A new prison for women to replace the shamefully inadequate and degrading facility at Milledgeville, which is a disgrace to our State.
And, expanding of the recently-initiated, and already-successful, work-release program and building a new work-lease center in the At lanta area.
The Department of Corrections requested an increase of 11.3 million dollars; my recommendation to you is 4.4 million dollars, a reduction of almost seven million dollars.

PUBLIC SAFETY
We are in trouble--serious trouble--in our Department of Public Safety, and it is costing lives that could be saved, injuries that could be prevented and millions of dollars in property damage which could be avoided.
Georgia led the nation last year in percentage increase of licensed motor vehicles and in percentage increase of gasoline consumption; yet, rather than a critically needed increase in patrolmen in the field, the average number of patrolmen available for traffic enforcement was reduced by recently implemented legislation requiring patrolmen in new programs of traffic safety.

In addition, we are experiencing an ever-rising increase in the num ber of patrolmen required in areas of civil unrest and elsewhere.

THURSDAY, JANUARY 15, 1970

239

It is this simple: More patrolmen and more lives 'saved, or no increase in troopers and fewer lives saved.

;;"" I recommended funds in my supplemental request for fiscal year 1970 for the immediate recruitment of 25 additional troopers, and I am requesting that you appropriate funds to provide for the employment of 75 more troopers during the first three quarters of fiscal year 1971.

In the supplement for fiscal year 1970, I have requested funds for five additional GBI agents and funds for another ten are requested in the fiscal 1971 budget.

These men will make up specialized squads to wage war on organized crime and will be especially trained to combat the illegal drug traffic which poses an immediate and grave threat to our State* Our need for these agents and additional patrolmen is urgent. I plead With you for early and favorable consideration.

AGRICULTURE
For the Department of Agriculture, I am asking for half of the 250,000 dollars requested by the Department for authority lease-rental funds, together with 50 thousand dollars in capital outlay funds for modernization and reconstruction of the Farmers' Markets at Thomasville, Macon, Savannah and Augusta and for site improvements and building modernization at other markets.

OTHER DEPARTMENTS
In the budget document before you, you will also find recommenda tions to meet the minimum needs of Game & Fish; Forestry; Parks; Mines, Mining and Geology; Industry and Trade; Labor; Pardons and Paroles; Probation; Veterans Service; Defense; Revenue; Law and other Agencies which I will not discuss in detail at this time.
Let me simply assure you that these recommendations, as with the others, are made only after a thorough and conscientious study of the needs of these various departments and agencies and with full considera tion given to the need to utilize available revenues in the best interests of the taxpayers.

AGENCY REQUESTS CUT
The amount of increased funds requested by the agencies and depart ments for fiscal 1971 totaled 291.8 million dollars. I cut this, department by department, after a careful study of each, by 140 million dollars.
I am recommending, therefore, in Budget A appropriations of 153 million dollars over the amount originally appropriated, or some 103 million dollars over the earlier appropriations and built-in increases.

240

JOURNAL OF THE HOUSE,

NOT ENOUGH

I have outlined to you my recommendations for expenditure of funds to be available with no changes in the current tax structure. The budget
I have outlined will provide for many of the essential programs and steps which are necessary at this time, but these proposals are not enough--

Not enough to assure the continued growth and progress to which we aspire--

Not enough to enable our municipalities, counties, and school sys
tems and the property taxpayers who support them to survive the severe financial pressures with which they are now confronted--

Not enough to provide for progress in education, and in highway construction which the people of this State need and expect.

BUDGET B EXPLAINED

The B Budget in the document before you is not just a frivilous "add
on". It is a product of long study, careful planning and a detailed analysis of the needs of our State and of our people.

Let's look at some specifics. Let's look at what this B Budget can do for our people and our great State and what it will take to finance it.

TAX REVISION AND ADDITIONAL REVENUE NEEDED

First, and foremost, I am requesting that you increase the State sales
tax from three percent to four percent. This is the tax which most Geor gians find to be the most acceptable.

This is true tax revision. It provides a means of revenue other than ad valorem taxes to help finance local education and local government.
Failure to provide these funds as recommended will mean that an equal amount will be added to the already heavy burden of the property owner.

Further, the very low income groups will, through sales tax rebate or allowable sales tax credits deducted from income tax liabilities, pay less sales tax under this proposal than under our present three percent tax law. In fact, many Georgians would pay as little as two percent rather than the present three percent.

ASSISTANCE TO CITIES AND COUNTIES

In addition to the some ten million dollars in sales tax rebates and credits to the poor, I am recommending:

40.1 million dollars for Georgia's cities and counties, which, with the existing 5.9 million dollars in grants, will give them a total of 46 million dollars, or forty percent of the estimated first year's revenue from the proposed sales tax increase.

THURSDAY, JANUARY 15, 1970

241

LOCAL EDUCATIONAL COSTS REDUCED

18.1 million dollars to be returned to local school systems, increasing the State's cost for education from 80 percent to 85 percent, and reducing local cost of education from 19 percent to 15 percent. This would return local education percentage costs to the level in effect prior to the 1964 enactment of Senate Bill 180 which initiated an annual onslaught of destructive and crippling force by the State of Georgia against Georgia's property owners.

GASOLINE TAX INCREASES FORESTALLED

28 million dollars from the sales tax for the State Highway Depart ment which is an amount approximately equal to last year's collections from the motor vehicle tax, which is, in reality, a highway users' tax.
These funds would permit us to construct critically needed passing lanes, and add two additional lanes to existing overloaded two-lane highways. These additional dollars would go to all regions of the State, improvinghighway safety and giving a lift to the economy in many areas.

Most importantly, these 28 million dollars going to the State Highway Department from the additional sales tax revenue will serve to forestall a one and one-half to two cent per gallon gasoline tax increase. This, too^ would provide us with additional tax revision.

PUPIL-TEACHER RATIO REDUCED
I am recommending 3.9 million dollars to provide an additional reduc tion in the pupil-teacher ratio. To me, this is the most pressing problem in public education. We simply must apply every dollar possible in this area of education.
By failing to reduce this ratio, we would be cheating our children,, their teachers and Georgia.
Just think how a little extra attention could help a child who might otherwise get off on the wrong track. If teachers could spend a few extra hours in the first few grades with such a child, it could make all the difference in the world.

KINDERGARTEN PROGRAM IMPLEMENTED
Five million dollars is being asked to implement Phase I of a state wide kindergarten program. This would represent an excellent start, not for a "head start" or a "play school" type program, but an honest-togoodness pre-first grade school program.
Kindergartens give our children a chance to get acquainted with adults outside their own home, teach them to understand and cooperate with other children and teach them to use the basic tools of education,, such as books, pencils, paper, and, for those like I used to be, erasers.

JOURNAL OF THE -HOUSE,; :
ADDITIONAL TEACHER SALARY INCREASES '"'
...... To provide an additional across-the-board salary increase for teach; ers, I am requesting 7.3 million dollars. With the huge salary increase to teachers in our neighboring states during the present fiscal year, we cannot afford to not provide additional increase. It could make the difference in the decisions of the teachers who are now considering coming to Georgia and others who are, and will be, considering leaving.
VISITORS HELP PAY BILLS
All of these needed and essential programs I am recommending to you, and to the people of Georgia, can be financed by increasing the State sales tax from three percent to four percent, which would be no more, and in some instances, less, than that being paid by the citizens in most of our neighboring states. The sales tax is four percent in Florida, Ala bama and South Carolina, and five percent in Mississippi and Kentucky.
Further, and most importantly, those citizens from our neighboring states and from throughout the nation who come to Georgia to shop, to attend conventions, and to visit and to rest would, without complaint, pay millions of dollars into our Treasury annually through this additional one cent increase in the State sales tax. These visitors would thus help to pay our teachers, build our schools, pave our roads, treat our ill and help pay for other vital State services.
This revenue must be raised, so why not let our visitors foot more of the bill rather than make Georgians carry the whole load?
ANTIQUATED TAX STRUCTURE
And, why must we move now to face up to our responsibility and do something for all Georgia cities and counties, all Georgians and espe cially the homeowners and farm owners who pay ad valorem taxes?
Why? Because Georgia state government has cheated and wronged her cities and counties and her ad valorem taxpayers and other citizens far too long with an antiquated tax structure. It is an inadequate, inequit able and unreasonable tax structure which restricts the growth of our State and the prosperity of our people.
It turns industry, investments and jobs from Georgia. It slows the progress of our cities and counties. It denies our people better opportuni ties and higher income, and denies our state and local governments untold tens of millions of dollars in needed revenue.
Our present tax structure is more punitive and damaging to our ad valorem taxpayers than other citizens because they arer forced to pay more than all other local citizens combined for the local cost of operating schools and local governments.
And, what, more than anything else, is responsible for the plight of the owners of homes and farms who are being weakened, beaten down

THURSDAY, JANUARY 15, 1970

248

and victimized by ad valorem taxes continuing to increase by tens of millions of dollars.

Why are cities and counties being denied some additional critically needed funds that would otherwise be available?

The answer: Senate Bill 180--an act of 1964 that established a new Minimum Foundation Program for Education.

This was an outstanding achievement that assured revenue for a continuing improvement of education in Georgia. It has served education well, and it continues to do so.

PLIGHT OF LOCAL GOVERNMENTS
Again, I want it clearly understood that, in my judgment, Senate Bill 180 was and is a fine piece of legislation for the cause of education in Georgia. However, anyone with sound financial knowledge must admit that the act, as passed, and as it remains today, without any provision for a new or additional source of revenue to finance the ad valorem taxpayer's burden, bringing financial harm to most, and financial disaster to many, Georgia farmers and homeowners. By taking the first and major bite from the ad valorem tax dollar, Senate Bill 180 drastically restricts the ability of local government to levy sufficient taxes to provide the personnel, the services and the facilties to grow, to prosper, to attract industry and, thus, get a fair piece of the economic pie shared by much of the State.

I am certain that not one member of the 1964 Georgia General Assembly that passed Senate Bill 180 into law intended for it to be so, but it is probably the most damaging, destructive, unreasonable, unfair and discriminatory action against home ownership and the citizens who pay ad valorem taxes of any piece of legislation ever offered by a Chief Executive, approved by the General Assembly and signed into law within a few days.

This probably accounts for this major piece of legislation, a badly needed program affecting the lives of virtually every Georgian, being passed into law, wholly neglectful of the need to provide an increased source of new revenue to finance it, thus rendering this important legis lative act both rudimentary and abortive.

Those of you who were here at the time will recall the political pres sures from high places, the political arm-twisting and the coercive efforts of special interest groups which were vainly aimed at getting all legisla tors committed to Senate Bill 180 before the 1964 session convened and before the Act was even introduced.

Never in contemporary Georgia history was so much brutal political force used.

And, so, without the willing support of most of those legislators iix attendance and over motions to delay, Senate Bill 180 was ramrodded

:244

JOURNAL OF THE HOUSE,

through the General Assembly before adequate time was given for thor oughly studying and amending it to provide supportive revenue sources.

You will all recall, too, I am sure, that you were warned that to
attempt to amend this act, or to "tinker with it", would endanger its passage.

And, so, my friends, this vital act, Senate Bill 180, was introduced in the Senate on Wednesday, January 15, 1964, and was signed into law by the Governor Friday, January 24, 1964, after being considered only part of five working days in the Senate and only part of three working days in the Georgia House.

It is no wonder that such an otherwise good and important piece of legislation slipped through with provisions so discriminatory against homeowners and farmers when you consider that this bill contains 49
pages of words affecting the lives of every Georgian.

This was, and is, too large and too important an act to be studied, debated and amended as necessary in just a few short days.

The damage is done.

But, there is no reason or justification for not correcting this over sight that has wronged, and continues to wrong, the ad valorem taxpayers.

UNFAIR TO PROPERTY OWNERS Why is Senate Bill 180, as passed in 1964, discriminatory and wrong?

It was an action by State government (not local governments and local school systems) in 1964 which voted an automatic annual ad valorem tax increase of millions of dollars on Georgia owners of homes, farms and businesses.

Each year, the State requires, through Senate Bill 180, that ad valorem taxes be increased on the property owners by millions of dollars as the local cost of education increases one percent and the State cost decreases a corresponding one percent.

Each year, with the State being able to increase educational dollars by unprecedented amounts, thus making larger appropriations to apply
against its percentage cost of education (increased millions of dollars that Senate Bill 180 requires local systems to match), state government, not local governments and local school systems, adds other additional
millions of dollars to the wronged and discriminated-against owners of homes and farms.

The time to correct this wrong is now.

This implementation of Senate Bill 180, by state government, with out increasing costs to others increased ad valorem tax burdens of the

THURSDAY, JANUARY 15, 1970

245-

owners of homes and farms by untold millions of dollars during the years 1965, 1966, 1967, and 1968. And, although we could have stopped or dras tically reduced the onslaught in 1969, but didn't, millions of new dollars in ad valorem taxes were added by the State again in 1969, and if you fail to act as I beg you to act now, and as the property owners in Georgia beg you to act, additional millions of dollars will be added to the over
burdened, cheated and discriminated-against property owners this year,
1970.

Please, I beg of you, I plead with you with all my being, don't let it happen.

Where incomes are limited or frozen at low levels because of retire ment income, social security, welfare or just plain low wages, the ad valorem tax increases voted upon these people by the State every year since 1964, takes:
Food from some of their tables--

Clothes from some of their backs--

Medicine and health care from some of their families--

And makes it impossible for some of them to maintain their homes, thus contributing to the development of more slums.

Our present tax structure is more punitive against and damaging to all of our ad valorem taxpayers than other citizens because they are forced to pay far more of the cost of local governments and local school
costs than collected from all other sources combined.

Please, please, please--if you never pass another tax revision or reve nue measure, I beg of you to not allow the 1970 session of the Georgia
General Assembly to come to a close without passing meaningful measures which will help the property owners that state government has mistreated and beaten down since 1964.

Our existing tax structure is nothing less than an injustice against property owners, against Georgia cities and counties and thus harmful to all Georgians.

The people want it stopped.

I want it stopped.

And, you have it within your power to stop it!

INJUSTICE CORRECTED BY SALES TAX
The one cent increase in the sales tax that I recommend will do more than any other single thing at this time to correct the injustices of our existing tax structure.

246

JOURNAL OF THE HOUSE,

It will send hundreds of millions of dollars back into urban Georgia during the seventies for schools, highways, public safety, needed govern ment personnel, water and sewerage systems and other services to build a brighter and more prosperous future.

It will do the same for rural and semi-rural Georgia, too, so that all of Georgia can attract plants, jobs, income and revenue; to grow and to prosper. And if we move in this direction and help to eliminate problems in rural and semi-rural Georgia we will prevent their problems from becoming even larger urban Georgia problems.

No form of local option tax will do that.

The additional 58 million, 225 thousand, 225 dollars I am asking you to collect from, and send back to, local citizens to help defray the cost of operating their schools and local governments will be the greatest possible shot-in-the-arm action this State could take for the continued progress and prosperity of all.

It would be sufficient for many school systems and local governments to reduce their ad valorem tax millage rates and make it totally unnec essary to raise the millage rates in most all other instances.

Further, the 64.2 million dollars going back out into the State for a reduction of the pupil-teacher ratio, the kindergarten program, the $200.00 teacher salary increase, for highway construction, and for sales tax credits and rebates, make a total of some 112.5 million additional dollars going back to our communities the first year, and will herald a new and better way of life for Georgia.

DISTRIBUTION FORMULA PROPOSED
If you do not already have them in your possession, I will shortly provide you with copies of a proposed formula for distribution of the increased grants to cities and counties, which will identify increased funds for the first year that your respective cities and counties would receive.
Under this proposal, which appears to be the most equitable from a general point of view, grants to cities and counties would be returned on a basis of sixty percent per capita and forty percent origin, or source of collection. This is considered a significant change from my earlier recom mendations to you, but one for which I have found more enthusiastic and consensus support.

APPROVAL URGED
Ladies and gentlemen, I urge your fullest consideration of these pro posals I am making to you.
I honestly believe that a great majority of our fellow Georgians support this program for tax revision and increased revenue, and I do not

THURSDAY, JANUARY 15, 1970

247

believe the majority of our constituents would support any other kind of new revenue measure.

It will be passed.

The people know it.

You know it.

I know it.

So why not pass it now and prolong no more the injustice state gov ernment levies against homeowners.

Pass it now during this 1970 session of the Georgia General Assembly,

If you do, you will bring more plants, more jobs and more opportun ity to all of Georgia.

You will be saying YES to Georgia's cities and counties--

YES, to our children--

YES, to their teachers--

YES, to education--

YES, to more and better highways--

YES, to the blind, the aged, the disabled, to those in our hospitals and' our prisons--

YES, to all who are less fortunate than we--

To those too old or too young, too sick or too crippled or too confused to care for themselves.

It will take courage.

It will require the best within you.

It will demand long and thorough deliberations, but I believe that when the deliberations are over, your decisions will be favorable to my recommendations to you.

I know they will be your best.

When you have finished with this session, I will be able to go to the homeowners, our children and their teachers, our farmers, to the men and women on the streets, in our hospitals and prisons and to our local

248

JOURNAL OF THE HOUSE,

governments and, holding my head high, say, "I did my best for you. The program I presented to the 1970 Georgia General Assembly was a vote for you, a vote for every Georgian and a vote for all of Georgia."

I know that you, as elected representatives of the people want to be able to do the same.

To all of you who will be seeking re-election or election to another office this year-- I extend my best wishes.

May our God, who gave us life and liberty, continue to bless you and yours with good health, happiness and prosperity.

Thank you.

Senator Holloway of the 12th moved that the Joint Session be now dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

The Speaker announced the House would be in recess until 2:15 o'clock, P.M.

AFTERNOON SESSION

The Speaker called the House to order.

Under the special and continuous order of business, HR 514-1028 was again taken up for consideration.
The following sub-paragraphs were read and adopted:
Paragraph 2. Organization and Procedure.
(a) Election, Returns, Etc.; Disorderly Conduct. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or mis conduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the house to which he belongs.

THURSDAY, JANUARY 15, 1970

249

(b) President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate.

The following sub-paragraph was read:
(c) Speaker of the House of Representatives. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the membership of the House of Representatives by a majority of its membership by a roll call vote thereof.

The following amendment was read:

Mr. Brantley of the 52nd moves to amend the Committee substitute to HR 514-1028, Section 3, Paragraph 2 (c), Line 27, by deleting the words "by a roll call vote thereof", and inserting therein the following:
"by secret ballot".

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 Barfield Bell Berry Black Bohannon Bostick Brantley, H. L. Brooks B.own, C. Caldwell Collins, S. Crowe Dailey Davis, E. T. Davis, W. DeLong Dixon Dorminy Edwards Farmer

Pelton Floyd, L. R. Grahl Graves Gunter Hadaway Harris, J. P. Harrison Hill, B. L. Hill, G. Howell Hudson Hutchinson Johnson Joiner Knowles Lane, Dick Lane, W. J. Leonard Longino Matthews, D. R. Mauldin McDaniell

Miles Milford Miller Moore Morris Mullinax Murphy Nessmith . Northcutt Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Pinkston Poole Reaves Roach Ross Rush

260
Salem Shanahan Shepherd Sherman Simkins

JOURNAL OF THE HOUSE,

Sims Smith, J.-R. Sweat Toles Wamble

Whaley Wilkerson Winkles Williams Wilson

Those voting in the negative were Messrs.

Atherton Barber Bond
Brantley, H. H. Burruss Busbee Cole Connell Cooper Dent Dodson Egan Ellis

Evans Gaynor Geisinger Gignilliat Hamilton Harris, J. R. Harris, R. W. Housley Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton

Knapp Kreeger Lee, W. S. Levitas Lowrey Maxwell Smith, V. T. Snow Thompson, A. W. Townsend Vaughn

Those not voting were Messrs.:

Ballard Battle Bennett Blalock Bowen Bray Brown, B. D. Buck Games Gates Chandler Clarke
Collier
Collins, M.
Colwell
Conger
Conner
Cook
Daugherty
Dean, J. E.
Dean, N.
Dickinson
Douglas
Ezzard
Fallin

Farrar Floyd, J. H. Funk Gary Griffin Hale Hargrett Harrington Hawes Henderson Higginbotham Holder
Hood
Horton
Jones, M.
Jordan, G.
Lambert
Lane, W. J.
Lee, W. J. (Bill)
Lewis
Marcus
Mason
Matthews, C.
McClatchey
McCracken

Melton Merritt Moate Nash Nunn Parker, H. W. Phillips, G. S. Phillips, W. R. Pickard Potts Rainey Rowland
Russell
Scarborough
Scarlett
Simmons
Sorrells
Thomason
Thompson, R.
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Wood
Mr. Speaker

THURSDAY, JANUARY 15, 1970

251

On the adoption of the amendment to the Committee substitute, the ayes were 83, nays 37.

The amendment was adopted.

Sub-section (c), as amended, was adopted.

The following sub-section was read and adopted:
(d) Officers, Employees, and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempore of the Senate and Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respective houses and such officers and the Secretary and Clerk shall be elected by a majority of the membership of the respective house in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation, or disability of the President, or in the event of the succes sion of the President to the executive power. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation, or disability of the Speaker, or in the event of the succession of the Speaker to the execu tive power. Each house is hereby authorized to provide for its own assistants and employees and fix the compensation therefor. Interim committees may be created by or pursuant to authority of the General Assembly or either house.

Paragraph 2, as amended, was adopted.

'The following paragraphs were read and adopted:
Paragraph 3. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may provide.
Paragraph 4. Contempts, How Punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either house.
Paragraph 5. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning there from, except for felony. No member shall be liable to answer in any

252

JOURNAL OF THE HOUSE,

other place for anything spoken in either house or in any committee of either house.

Paragraph 6. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of dis agreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them.

Section 3, as amended, was adopted. The following paragraph was read:

SECTION 4
IMPEACHMENT
Paragraph 1. Power to Impeach, Trial of Impeachments. The House of Representatives shall have the sole power to vote impeach ment charges against any person who shall have been or may be in office, and the Senate shall have the sole power to try impeachments. The General Assembly is hereby authorized to provide by law for the procedure for voting impeachment charges and trying impeachments. Such law may also provide that the Chief Justice of the Supreme Court shall preside over impeachment trials. No person shall be convicted without the concurrence of two-thirds of the membership of the Senate..
An amendment, offered by Mr. Townsend of the llth, was read and lost.
Paragraph 1 was adopted.
The following paragraph was read and adopted:
Paragraph 2. Judgments in Impeachment. In cases of impeach ment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State or to receive a pension therefrom, but no such judg ment shall relieve any party from any criminal or civil liability.

Section 4 was adopted. The following paragraphs were read and adopted:

THURSDAY, JANUARY 15, 1970

258

SECTION 5

PASSAGE OP BILLS AND EXERCISE OF POWERS

Paragraph 1. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or contains matter differ ent from what is expressed in the title thereof.

Paragraph 2. Statutes and Sections of Code, How Amended. No law or section of the Code, shall be amended or repealed by mere refer ence to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.

Paragraph 3. General Laws, Uniform Operation, Limitation on Local Laws. Laws of a general nature shall have uniform operation throughout the State, and, except as otherwise provided in this Consti tution, no local or special law may be enacted in any case for which pro vision has been made by general law.

Paragraph 4. Advertisement of Notice to Introduce Local Legisla tion. The General Assembly shall provide by law for the advertisement of notice of intention to introduce local or special bills.

Paragraph 5. Bills to be Read. The title of every bill and every resolution intended to have the effect of law shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon, but the third reading of general bills and resolutions shall be in their entirety.

Paragraph 6. When Roll Call Vote Taken. At the desire of onefifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, the yeas and nays on the passage or rejection thereof shall be entered on the journal.

Paragraph 7. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be pre served in the office of the Secretary of State, and such journals shall be the official records of the proceedings of each house.

Paragraph 8. Majority of Members to Pass Bill. No bill shall become law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house.

Paragraph 9. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives.

r254

JOURNAL OF THE HOUSE,

Paragraph 10. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be again proposed in the same or similar form during the same regular or extraordinary session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.

The following paragraph was read:
Paragraph 11. Approval, Veto, Override of Veto, and Effective Date of Bills and Resolutions.
(a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within 15 days from the date of passage unless the General Assembly adjourns sine die prior to the expiration of said 15 days. Each resolution or bill shall be trans mitted to the Governor no later than the third day after its passage by the General Assembly.
(b) In the case of such adjournment sine die prior to the expiration of said 15 days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Governor within 30 days from the date of such adjournment.
(c) The Governor shall have the duty to transmit any bill or resolu tion vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within two days, excluding Saturdays and Sundays, from the date of veto if the General Assembly is in session and within thirty-five days from the date of adjournment sine die of the General Assembly if adjourned prior to the expiration of said two days.
(d) Upon motion adopted by such house after receipt of such vetoed bill or resolution before adjournment, such bill or resolution shall be immediately considered for the purpose of overriding the veto. The General Assembly may reconvene on the first Monday following the thirty-fifth day after adjournment sine die upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjourn ment sine die. If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the pur pose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die* Such vetoed bills and resolutions shall be considered within the first ten days of the following session of the General Assembly upon a motion being adopted by the house in which the vetoed bill or resolution origi nated, and such bill or resolution shall be considered immediately for the purpose of overriding the veto.
(e) If two-thirds of the members elected to such house vote to override the veto of the Governor on any bill or resolution, the same.

THURSDAY, JANUARY 15," 1970

255

shg.ll. .-be immediately transmitted to ; the other house wherein such bill or resolution shall be immediately considered for the purpose of over riding such veto. Upon the vote to override the veto by two^thirds of the members elected to such other house, such bill or resolution shall become law. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the pur pose df; overriding such veto.

(f) The Governor may approve any appropriation and veto any

other appropriation in the same bill and any appropriation vetoed shall

not become law unless such veto is overridden in the manner herein

provided.

..,......,-....

(g) .The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution^

(h) The General Assembly shall provide by law for the determina tion of the effective date of any bill or resolution approved by the Gov ernor or becoming law without his approval.

Mr. Murphy of the 19th moved to postpone Paragraph 11 of Section 5 until tomorrow.

The motion prevailed, and Paragraph 11 was postponed.

The following paragraphs were read and adopted:
SECTION 6
REVENUE BILLS AND APPROPRIATIONS
Paragraph 1. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.
Paragraph 2. Preparation, Submission, and Enactment of General Appropriations Bills.
(a) The Governor shall submit to the General Assembly within five days after its convening in regular session of each year a budget message and a budget report accompanied by a draft of a General Ap propriations Bill, in such form and manner as may be prescribed by law, which shall provide for the appropriation of the funds necessary to ^operate all the various departments and agencies and to meet the cur rent expenses of the State for the next fiscal year.
(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and to

256

JOURNAL OF THE HOUSE,

meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth day of June following.

(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.

Paragraph 3. General Appropriations Act.

(a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire for the mandatory appropriations required by this Constitution and those required to meet contractual obligations autho rized by this Constitution and the continued appropriation of Federal grants.

(b) The General Assembly shall not appropriate funds for any given fiscal year which, in the aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing reve nue sources anticipated to be collected in the fiscal year, less refunds as estimated in the Budget Report and amendments thereto.

(c) All appropriated funds, except for the mandatory appropria tions required by this Constitution, remaining unexpended and not con tractually obligated at the expiration of such General Appropriations Act, shall lapse.

(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.

(e) The General Appropriations Act shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the executive, legislative, and judicial departments of the government, pay ment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State.

The following paragraph was read:
Paragraph 4. Appropriations to be for Specific Sums. The appro priation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.

THURSDAY, JANUARY 15, 1970

257

The following amendment was read:

Mr. Vaughn of the 74th moves to amend Committee substitute for HR 514-1028 by striking Paragraph 4, Section 6, Article 2, in its entirety and substituting a new paragraph 4 to read as follows:

"Paragraph 4. Appropriations to be for Specific Sums.

"(a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate any object, the proceeds of any particular tax or fund or a part or percentage thereof."

"(b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1 of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed in the expenditure of appropria tions by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor."

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

Those voting in the affirmative were Messrs.:

Andersen; Ballard Black Blalock Bohannon Bostick

Brantley, H. L. Bray Brooks Brown, C. Caldwell Chandler

Clarke Cole Collins, M. Colwell Connell Crowe

258
Dailey Davis, E. T. Dean, NDent Dickinson Dixon Dodson Dorminy Edwards Ellis Pelton Floyd, L. R. Gary Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harrison Higginbotham Holder Howell Hudson Hutchinson Johnson, Jones, C. M. Keen

JOURNAL OF THE HOttSE,

Keyton : Knowles -.Lambert - r Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Longino Lowrey Mason Matthews, D. K. Mauldin' ' : McDaniell : Melton Merritt Miles Milford Miller Mullinax Murphy Nash Nessmith Northcutt Nunn Faff ord Paris Parker, C. A. Parker, H. W. Patterson

Peterson -,' PhillipsyL. L.
Phillips, Wv R.
Potts Rainey Reaves Roach Ross ; Rush' Salem Scarborough ; Shailahan '-; Sherman SimniQns Sim,s . -. , Smith, J. R. Sorrells Sweat Thompson, R. Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Williams

Those voting in the negative were Messrs.

Adams Alexander Atherton Bell Berry Bond Brantley, H. H. Brown, B. D. Carnes Collins Cook Dean, J. E. DeLong Egan Evans

Ezzard Gaynor Geisinger Gignilliat Hamilton Harris, J. R. Hawes Hill, B. L. Hill, G. Horton Joiner Jones, Herb Jones, M. Jordan, H. S. Knapp

Kreeger Lee, W. S. Le vitas Marcus Maxwell Morris Odom Simkins Thomason Thompson, A. W. Townsend Westlake Winkles Wilson

Those not voting were Messrs.:

Barber Barfield

Battle Bennett

Bo wen Buck

Burruss Busbee Gates Collier Conger Conner Cooper Daugherty Davis, W. Douglas Fallin Farmer Farrar Floyd, J. H.

THURSDAY, JANUARY 15, 1970

259

Funk Griffin Hale Harris, R. W. Henderson Hood Housley Jordan, G. Lewis Matthews, C. McClatchey McCracken Moate Moore

Phillips, G. S, Pickard Pinkston
Rowland Russell Scarlett Shepherd Smith, V. T. Snow Wilkerson
Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 105, nays 44.

The amendment was adopted.

An amendment, offered by Mr. Brooks of the 17th, was read.

Mr. Levitas of the 77th moved that the Brooks amendment be printed and placed on the desks.

The motion prevailed.

By unanimous consent, further consideration of Paragraph 4 was suspended until the amendment could be printed.

The following paragraph was read and adopted:
Paragraph 5. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.

The following paragraphs were read and adopted:
SECTION 7
Paragraph 1. Incorporation, How Granted. The General Assembly shall have no power to grant incorporation to private companies or pri vate associations, but it shall prescribe by law the manner in which such

260

JOURNAL OF THE HOUSE,

companies or associations may obeain incorporation, provided that all corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express, telegraph, and telephone companies shall be issued and granted by the Secretary of State in such manner as is now or shall be prescribed by the General Assembly. Nothing in this section shall impair the validity of any incorporation statutes enacted in accord ance with any prior Constitution of this State or impair the existence of any corporation formed pursuant to any such statutes.

Paragraph 2. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances from the payment thereof, either before or after judgment thereon, unless the principal in the recognizances shall have been apprehended and placed in the custody of the proper officers.

The following paragraph was read:
Paragraph 3. Salaries of Elected Officials. The General Assembly may provide for the compensation of all elective officers provided for in this Constitution and change the same, but no change increasing or diminishing the amount of such compensation shall become effective before the end of the term of office which the affected official is serving when such change is made.

The following amendment was read:
Mr. Murphy of the 19th moves to amend the Judiciary Committee substitute to H.R. No. 514-1028 as follows:
By striking from line 4 of Paragraph 3 of Section 7 of Article 2 the words "increasing or" so that said Paragraph, as amended shall read
Paragraph 3. Salaries of Elected Officials. The General Assembly may provide for the compensation of all elective officers provided for in this Constitution and change the same, but no change diminishing the amount of such compensation shall become effective before the end of the term of office which the affected official is serving when such change is made.

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 Ballard Barber

Battle Bohannon Bostick

Brantley, H. L. Bray Caldwell

Carnes Chandler Clarke Cole Collins, M. Crowe Dean, N. Dent Dickinson Dodson Dorminy Edwards Ellis Evans Ezzard Farmer Felton Grahl Hadaway Hargrett Harris, J. F. Harrison

THURSDAY, JANUARY 15, 1970

261

Hawes Holder Howell Hudson Hutchinson Keen Keyton Knapp Kniowles Lambert
Lane, W. J. Marcus Mason Matthews, C. Matthews, D. R. Mauldin Melton Miles Murphy Nessmith Northcutt Paris

Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Reaves Rush Russell Salem Scarborough Scarlett Sherman Simkins Smith, V. T. Sorrells Toles Wamble Whaley Winkles

Those voting in the negative were Messrs.

Anderson Bell Berry Bond Brown, B. D. Brown, C. Collins, S. Cook Davis, E. T. Davis, W. Egan Floyd, L. R. Gaynor

Geisinger Harris, J. R. Harris, R. W. Horton Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Kreeger
Lee, W. S. Le vitas Lowrey Maxwell

Milford Morris Mullinax Nunn Odom Sims Snow Sweat Thomason Thompson, A. W. Thompson, R.
Westlake

Those not voting were Messrs.:

Alexander Atherton Barfield Bennett Black Blalock Bowen Brantley, H. H. Brooks Buck Burruss

Busbee Gates Collier Colwell Conger Connell Conner Cooper Dailey Daughtery Dean, J. E.

DeLong Dixon Douglas Fallin Farrar Floyd, J, H. Funk Gary Gignilliat Graves Griffin

262
Gunter Hale Hamilton Harrington Henderson Higginbotham Hill, B. L. Hill, G. Hood Housley Johnson Joiner Jordan, G. Lane, Dick Lee, W. J. (Bill) Leonard Lewis

JOURNAL OF THE HOUSE,

Longino McClatchey McCracken McDaniell Merritt Miller Moate Moore Nash Pafford Parker,,C. A. Peterson Phillips, G. S. Pickard Potts Rainey Roach

Ross Rowland Shanahan Shepherd Simmons Smith, J. R. Townsend Vaughn Ware Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 74, nays 38.

The amendment was adopted.

Paragraph 3, as amended, was adopted.

Mr. Graves of the 9th wished to be recorded as voting "nay" on the amendment by Mr. Murphy.

The following paragraphs were read and adopted:
Paragraph 4. Terms of Elected Officials. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question.
Paragraph 5. Public Utilities, Tariffs and Charges, Rebates.
(a) The power and authority of regulating railroad freight and passenger tariffs and charges of public utilities for their services, of preventing unjust discriminations, and of requiring reasonable and just rates for freight and passenger tariffs and of charges of public utilities, is hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the

THURSDAY, JANUARY 15, 1970

263

same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipal corporation of this State, except as provided in this Constitution.

(b) Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

Paragraph 6. Charters Revised or Amended Subject to Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution, and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution. All exemptions from taxation heretofore granted in cor porate charters are declared to be henceforth null and void.

Paragraph 7, Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the pro visions of this paragraph by appropriate legislation.

Paragraph 8. Regulation of Insurance Companies. The General Assembly shall provide by law for the regulation of foreign and domestic insurance companies doing business in this State.

Paragraph 9. Agricultural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of any one or all of the agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, jfjsh and seafood, and the products of the farms and forests of this ..State* The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The Genera) Assembly may provide that such a program including pro visions for quality or product control or both may be instituted, continued, or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such pro posal for their approval. The General Assembly may create instrumenta lities, public ; corporations, authorities, and commissions to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower, or repeal assessments, fees, or other charges upon the sale or processing of the affected products>,;and' to collect the same, after approval by a specified vote of the producers of the affected product in a referendum and may authorize

264

JOURNAL OF THE HOUSE,

the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.

The following amendment was read:
Mr. Russell of the 70th moves to amend the Judiciary Committee substitute for House Resolution No. 514-1028 as follows:
By adding at the end of Section 7 of Article 2 a new Paragraph to be designated "Paragraph 10.", to read as follows:
"Paragraph 10. Milk and Dairy Products, Including Substitutes and Imitations. Due to the nature of the products and in order to protect the public, said products being affected with a public interest, the General Assembly is hereby authorized to provide by law for such control and regulation as it deems advisable over milk and dairy products, including substitutes and imitations, and delegate such of its powers in connection therewith as it deems advisable."

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 Berry Black Brantley, H. L. Bray Brooks
Caldwell Collins, M. Connell Dailey Dean, N. DeLong
Dickinson Dixon Dorminy Edwards Ezzard Farmer Gaynor Graves Hadaway

Harrison Henderson Higginbotham Holder Housley Hudson Hutchinson Johnson
Keyton Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Leonard
Longino Lowrey Matthews, C. Matthrews, D. R. Mauldin Miles Moore Murphy Nessmith

Northcutt Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R.
Poole Potts Rainey Reaves Roach Russell
Salem Scarlett Smith, V. T. Sweat Thompson, A. W. Toles Wamble Wheeler, J. A. Williams

THURSDAY, JANUARY 15, 1970

265

Those voting in the negative were Messrs.:

Adams Atherton Battle Bell Bond Brown, B. D. Brown, C. Burruss Busbee Carnes Collins, S. Davis E. T. Davis, W. Dodson Egan Evans Felton Ployd, L. R. .

Geisinger Gignilliat Grahl Gunter Hamilton Harris, J. R. Harris, R. W. Hawes H orton Jones, C. M. Jones, M. Keen Kreeger Lee, W. S. Le vitas Marcus Mason Maxwell

Merritt Morris Nash Nunn Odom Pinkston Rush Scarborough Sherman Simkins Sims Snow Thomason Thompson, R. Town send Westlake Whaley

Those not voting were Messrs.:

Alexander Barfield Bennett Blalock Bohannon Bostick Bowen Brantley, H. H. Buck Gates Chandler Clarke Cole Collier Colwell Conger Conner Cook Cooper Crowe Daugherty Dean, J. E. Dent Douglas Ellis

Fallin Farrar Floyd, J. H. Funk Gary Griffin Hale Hargrett Harrington Harris, J. F. Hill, B. J. Hill, G. Hood Howell Joiner Jones, Herb Jordan, G. Jordan, H. S. Knapp Lane, Dick Lewis McClatchey McCracken McDaniell Melton

Milford Miller Moate Mullinax Palford Parker, C. A. Phillip, G. S. Pickard Ross Rowland < Shanahan Shepherd Simmons Smith, J. R. Sorrells Vaughn Ware Wheeler, Bobby Wilkerson Winkles Wilson Wood Mr. Speaker

266

JOURNAL OF THE HOUSE,

On the adoption of the amendment to the Committee substitute, the ayes were 69, nays 53.

The amendment was adopted.

Section 7, as amended, was adopted.

The following paragraphs were read and adopted:
SECTION 8
EMERGENCY POWERS OP THE GENERAL ASSEMBLY
Paragraph 1. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:
(a) To provide for prompt and temporary succession to the powers and duties of persons holding office in the executive, judicial, and legislative branches of State and local government, whether filled by election or appointment; and the incumbents of which may become un available for carrying on the powers and duties of such offices during such emergency; and
(b) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.

Section 8 was adopted.

Mr. Busbee of the 61st moved that the- House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning, and HR 514-1028 was carried over as unfinished business.

FRIDAY, JANUARY 16, 1970

267

Representative Hall, Atlanta, Georgia Friday, January 16, 1970

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
The following prayer was offered by Rev. Frank M. Ross, Rector, All Saints Episcopal Church, Atlanta, Georgia: 0, Eternal God,
through whose mighty power our Fathers won their liberty of old;
Grant, we beseech thee, that we, and all the people of this State, may have grace to maintain these liberties in righteousness and peace. 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. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

268

JOURNAL OF THE HOUSE,

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

HB 1098. By Messrs. Johnson of the 29th, Harris of the 10th and Cole of the 3rd:
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 change the maximum permissible width of vehicles permitted on public roads and highways of this State; and for other purposes.
Referred to the Committee on Highways.

HB 1099. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year beginning July 1, 1970 and ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made to the budget units provided for herein and for the purposes provided for herein; and for other purposes.
Referred to the Committee on Appropriations.

HB 1100. 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 providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Ap propriations Act", approved April 28, 1969 (Ga. L. 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit system; to define urban transit systems under the terms hereof; and for other purposes.
Referred to the Committee on Ways and Means.

HR 543-1101. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st, Dodson of the 82nd, Miller of the 83rd and Dorminy of the 84th:
A Resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment

FRIDAY, JANUARY 16, 1970

269

Station, Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.
Referred to the Committee on Natural Resources.

HR 544-1101. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Resolution proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home shall be exempt from all ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HR 545-1101. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.
Referred to the Committee on Ways and Means.

HR 546-1101. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th, Geisinger of the 72nd, Smith of the 39th and others:
A Resolution creating the Consolidated Retirement System Study Committee; and for other purposes.
Referred to the Committee on Retirement.

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
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 that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.
Referred to the Committee on Highways.

HB 1103. By Mr. Sorrellsof the 24th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carry-

270

JOURNAL OF THE HOUSE,

ing any type of gravel, dirt or sand without having the same protected or enclosed in certain instances; and for other purposes.
Referred to the Committee on Highways.

HB 1104. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to authorize the District Attorney of each judicial circuit to appoint one Secretary whose salary shall be paid from State funds; to provide for supplemental salaries; to provide for the authority, duties and qualifications of such Secretary; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1105. By Messrs. Pickard, Jones and Buck of the 84th, Berry and Thompson of the 8th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide that 'Muscogee County shall provide for a permanent pension fund for present and future employees ..." so as to provide for the County to contribute to any political entity the County's contribution to said pension fund of any employee, etc.; and for other purposes.
Referred to the Committee on Local Affairs.

HR 548-1105. By Mr. Levitas of the 77th:
A Resolution compensating Mr. Morris Benbenistry; and for other purposes.
Referred to the Committee on Appropriations.

HB 1106. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the rate of tax imposed under said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1107. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled 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, so as to provide for a sales tax credit of certain specified amounts based upon the taxpayer's gross income plus tax exempt interest; and for other purposes.
Referred to the Committee on Ways and Means.

FRIDAY, JANUARY* 16,; 1970

271

HB 1108. By Messrs. Murphy of the 19th, Paris of: the 14th, and Lane of the

44th: .

.

: .. . .

A Bill to be entitled an-Act to provide for additional grants to certain counties and incorporated municipalities of this State to be used for public purposes, except paying the salaries of elebted offleers'; and for other purposes.

Referred to the Committee on State of Republic.

HB 1109. By Messrs. Smith, Leonard and Cole of the 3rd:

-:

A Bill to be entitled an Act to provide that whenever any person's real or personal property tax return or his intangible tax return properly and correctly shows that he owes less tax than $1 he shall not be required to pay such amount, and the taxing authorities shall not be required to collect such amount; and for other purposes.

Referred to the Committee on Ways and Means.



,

HB 1110. By Messrs. Peterson and Nunn of the 41st, Colwell of the 5th, Black of the 4th, Phillips of the 38th, Matthews of the 63rd,, Mauldin of the 12th, Adams of the 100th, Nessmith of the 44th and others:
A Bill to be entitled an Act to amend Code Section 26-2306 relating to the prohibition of officers and employment of certain governments from selling to such governments, so as to provide that the provisions thereof shall not apply to any member of any board, commission or similar agency who serves and acts in an advisory capacity to the particular agency concerned; and for other purposes.
Referred to the Committee on State of Republic.

HB 1111. By Messrs. Smith, Leonard and Cole of the 3rd, Shanahan of the 8th, Pickard of the 84th, Snow of the 1st, and others:
A Bill to be entitled an Act to amend Code Chapter 32-1, relating to the Board of Regents and the University System, so as to authorize the Board of Regents to enter into certain reciprocal agreements with certain States whereby nonresident tuition fees may be waived; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 549-1111. By Messrs. Russell and Keyton of the 70th and Barber of the 15th:
A Resolution proposing an amendment to the Constitution so as to pledge the full faith, credit and taxing powers of the State for the payment of revenue bonds issued for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the 12th grade; and for other purposes.
Referred to the Committee on University System of Georgia.

272

JOURNAL OF THE HOUSE,

HB 1112. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to change the terms of the Superior Court of Madison County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1113. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to abolish the office of Treasurer of Elbert County; to provide that the Board of Commissioners of Elbert County shall appoint depositories for county funds; and for other purposes. Referred to the Committee on Local Affairs.
HB 1114. By Messrs. Cooper and Wood of the llth and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; and for other purposes.
Referred to the Committee on Agriculture.

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

HB 1080. By Messrs. Wheeler of the 57th, Barber of the 15th, Hudson of the 48th, Hutchinson of the 61st and Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, etc., so as to remove the restriction which prohibits a member from establishing his membership after having withdrawn his contributions more than one time; and for other purposes.

HB 1081. By Messrs. Lane of the 101st and Coiling of the 72nd:
A Bill to be entitled an Act to create the Georgia Diving Instructors Examining Board; and for other purposes.

HB 1082. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to prohibit any person, firm or corporation from selling any soft drink or malt beverage contained in glass bottles, unless such bottles are returnable in exchange for monetary deposit; and for other purposes.

FRIDAY, JANUARY 16, 1970

273:

HB 1083. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated! and truck or other vehicle engaged in hauling or carrying any typeof gravel, dirt or sand in any manner as will permit the load to spill or blow off the truck; and for other purposes.

HB 1084. By Messrs. Parker, Lane and Nessmith of the 44th, Wheeler of the.57th, Brantley of the 52nd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act. providing for the formation of cooperative nonprofit membership, corporations for the purpose of engaging in rural electrification byfurnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members; and for other purposes.

HB 1085. 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 creating the Department: of Public Safety, so as to change the rank and pay of the Driver's. License Bureau Supervisor; and for other purposes.

HB 1086. By Messrs. Hutchinson of the 61st, Barber of the 15th, Parker of the 44th, Davis of the 75th, Joiner of the 35th, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall allot teachers to local units of adminis tration on the basis of one teacher per 27 pupils in average daily attendance in grades one through seven of each local unit of administra tion ; and for other purposes.

HR 536-1086. By Mr. DeLong of the 80th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of all persons sixty-five years of age or older shall be exempt from all ad valorem taxation; and for other purposes.

HB 1087. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

274

JOURNAL OF THE HOUSE,

HB 1088. By Mr. Buck of the 84th:

!

A Bill to'be entitled an Act to amend an Act creating the positions of Chief Justice ^Emeritus and Associate Justice Emeritus,; so as to add Judges of the Court of Appeals to the provisions 1 relative to '.:-..: Justices of the Supreme Court becoming members of the Employees' Retirement-System; and for other purposes.'

HB 1089. By 'Messrs.' Bowen and Rainey of the 47th:

'

A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relating to former employees; to provide creditable service for employees; and : for other purposes.

HB 1090. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act authorizing the creation of an office within the State Division of Conservation, etc., so as to provide that said office may be created within any department of the executive branch; and for other purposes.

HR 537-1090. By Mr. Wamble of the 69th:
A Resolution compensating the Grady County Electric Membership Corporation; and for other purposes.

HR 538-1090. By Mr. Salem of the 51st: A Resolution compensating Mr. Carl Goings; and for other purposes.

HR 539-1090. By Mr. Salem of the 51st: A Resolution compensating Mr. R. L. Cato; and for other purposes.
HR 540-1090. By Mr. Salem of the 51st: A Resolution compensating Mrs. Lula Pound; and for other purposes.
HR 541-1090. By Mr. Salem of the 51st: A Resolution compensating Mr. Jimmy W. Hall; and for other purposes.
HB 1091. By Messrs. Snow and Crowe of the 1st and Peters of the 2nd: A Bill to be entitled an Act to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain informa-

FRIDAY, JANUARY 16, 1970

275

tion, so as to change the information required to be kept by such dealers; and for other purposes.

HB 1092. By Messrs. Snow of the 1st, Thomason of the 77th, Harris of the 67th, Kreeger of the 117th, Crowe of the 1st, Peters of the 2nd and others:
A Bill to be entitled an Act to amend Code Section 29-101, relating to requisites of a deed to lands, so as to change the number and qualifications of witnesses needed for the attestation of a deed; and, for other purposes.

HB 1093. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits, for the judges of said Court; and for other purposes.

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Gaynor of the 88th, Punk of the 92nd, Hill of the 94th and Ellisof the 91st:
A Bill to be entitled an Act to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.

HB 1095. By Messrs. Gaynor of the 8th, Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Punk of the 92nd, Hill of the 94th, Ellis of the 91st and Whaley of the 93rd:
A Bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Muni cipal Court of Savannah; and for other purposes.
HB 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st and Maxwell of the 78th:
A Bill to be entitled an Act to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the issuance of a certificate of title for salvage military or government surplus vehicles, trucks or trailers, and industrial vehicles, trucks and trailers; and for other purposes.
HB 1097. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Chapter 34-10 of the Georgia. Election Code, relating to the nominations of candidates, so as to

276

JOURNAL OP THE HOUSE,

:

provide the procedures whereby qualification fees shall be set by the

ordinaries, Secretary of State and political parties; and for other

purposes.

Mr. Clarke of the 33rd, District Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolution of the House and has instructed me to report same back ~to the House with the following recommendations :
HB 1034. Do Pass.
HB 1035. Do Pass. HB 1036. Do Pass.
HB 1037. Do Pass. HB 1041. Do Pass. HR 523-1072. Do Pass.
Respectfully submitted, Mr. Clarke of the 33rd District Chairman.

The following message was received from the Senate through Mr. Mc"Whorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate to-wit:

SB 295. By Senator Abney of the 53rd:
A Bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.

FRIDAY, JANUARY 16, 1970

277

SB 296. By Senator Abney of the 53rd:
A Bill to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants and other prsonnel might receive; and for other purposes.

SB 297. By Senator Abney of the 53rd:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; and for other purposes.

SB 292. By Senator Dean of the 6th:
A Bill to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, so as to change the method of selecting the legal organ in certain counties in this State; 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 292. By Senator Dean of the 6th: A Bill to be entitled an Act to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, so as to change the method of selecting the legal organ in certain counties; and for other purposes.
Referred to the Committee on State of Republic.
SB 295. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.
Referred to the Committee on Local Affairs.
SB 296. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.
Referred to the Committee on Local Affairs.

:278

JOURNAL OF THE HOUSE,

SB 297. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; and for other purposes.
Referred to the Committee on Local Affairs.

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

:HB 1034. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; 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 1035. By Mr. Howell of the 60th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend the charter of the City of Blakely . . . ", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; 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.

FRIDAY, JANUARY 16, 1970

27&

HB 1036. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the requirements for separate and distinct accounts relating to revenues and disbursements pertaining to the operation and maintenance oif said city's public utilities; 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 1037. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; 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 1041. By Mr. Melton of the 32nd: A Bill to be entitled an Act to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional provisions relative thereto; 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-

280

JOURNAL OF THE HOUSE,

Under the special and continuing order of unfinished business, HR 514-1028 "was again taken up for consideration:

The Speaker referred the House back to Article 2, Section 5, Paragraph 11, Sub-paragraph (a).
The following was read:
Paragraph 11. Approval, Veto, Override of Veto, and Effective Date of Bills and Resolutions.
(a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within 15 days from the date of passage unless the General Assembly adjourns sine die prior to the expiration of said 15 days. Each resolution or bill shall be transmitted to the Governor no later than the third day after its passage by the General Assembly.

The following amendment was read:
Mr. Murphy of the 19th moves to amend Article 2, Section 5, Paragraph 11 as follows:
By striking Sub-paragraphs (a) and (b) of said Paragraph 11 and inserting in lieu thereof the following Sub-paragraph (a) and relettering the remaining Sub-paragraphs accordingly to-wit:
(a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within 30 days from the date the General Assembly adjourns sine die. During the sessions of the General Assembly a bill or resolution shall be transmitted to the Governor after passage upon request by the Governor or his Executive Secretary.

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 Barber Berry Black Brantley, H. L. Bray

Brooks Brown, B. D. Clarke Collins, M. Crowe Dailey

DeLong Dent Dickinson Pelton Hargrett Harrington

Hill, B. L. Hudson Hutchinson Knowles Kreeger Lane, W. J. Leonard Longino Matthews, C. Matthews, D. R.

FRIDAY, JANUARY 16, 1970

281

Miles Mullinax Murphy Nessmith Northcutt Pafford Paris Peterson Phillips, L. L.
Poole

Potts Rainey
Reaves Scarlett Sherman Simmons
Thompson, R.
Whaley Wheeler, Bobby
Wheeler, J. A.

Those voting in the negative were Messrs.:

Anderson Atherton Bell Brown, C. Busbee Collins, S. Cooper Davis, W. Dixon Dodson Evans Ezzard Farrar Floyd, L. R. Gaynor Geisinger Gignilliat Graves

Gunter Harris, J. R. Hawes Higginbotham Housley Jones, C. M. Jones, Herb Jordan, H. S. Keen Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Lowrey Marcus Melton Nunn Peters

Phillips, W. R. Pinkston Ross Salem Shanahan Shepherd Simkins Sims Smith, J. R.
Sweat Thompson, A. W. Toles Vaughn Ware Westlake Wilkerson Wilson

Those not voting were Messrs.:

Adams Ballard Barfield Battle Bennett Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Buck Burruss Caldwell Carnes Gates Chandler Cole

Collier Colwell Conger Connell
Conner
Cook Daugherty
Davis, E. T. Dean, J. E. Dean, N. Dorminy Douglas Edwards Egan Ellis Fallin Farmer Floyd, J. H.

Funk Gary
Grahl Griffin
Hadaway Hale Hamilton
Harris, J. F. Harris, R. W.
Harrison Henderson
Hill, G.
Holder Hood Horton
Howell Johnson
Joiner

282
Jones, M. Jordan, G. Keyton Knapp Lambert Lewis Mason Mauldin Maxwell McClatchey McCracken McDaniell Merritt Milford

JOURNAL OF THE HOUSE,

Miller Moate Moore Morris Nash Odom Parker, C. A. Parker, H. W. Patterson Phillips, G. S. Pickard Roach Rowland Rush

Russell Scarborough Smith, V. T. Snow Sorrells Thomason Townsend Wamble Winkles Williams Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes, were 48, nays 53.
The amendment was lost.

Sub-paragraph (a) was adopted;

The following sub-paragraphs of Paragraph 11 were read and adopted:
(b) In the case of such adjournment sine die prior to the expiration of said 15 days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Governor within 30 days from the date of such adjournment.
(c) The Governor shall have the duty to transmit any bill or reso lution vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within two days, excluding Saturdays and Sundays, from the date of veto if the General Assembly is in session and within thirty-five days from the date of adjournment sine die of the General Assembly if adjourned prior to the expiration of said two days.
(d) Upon motion adopted by such house after receipt of such vetoed bill or resolution before adjournment, such bill or resolution shall be immediately considered for the purpose of overriding the veto. The General Assembly may reconvene on the first Monday .following the thirty-fifth day after adjournment sine die upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjourn ment sine die. If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the pur pose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine

FRIDAY, JANUARY 16, 1970

283

die, such vetoed bills and resolutions shall be considered within the first ten days of the following session of the General Assembly upon a motion being adopted by the house in which the vetoed bill or resolution origi nated, and such bill or resolution shall be considered immediately for the purpose of overriding the veto.

(e) If two-thirds of the members elected to such house vote to over ride the veto of the Governor on any bill or resolution, the same shall be immediately transmitted to the other house wherein such bill or resolu tion shall be immediately considered for the purpose of overriding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other house, such bill or resolution shall become law. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.

(f) The Governor may approve any apropriation and veto any other appropriation in the same bill and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.

(g) The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.

(h) The General Assembly shall provide by law for the determina tion of the effective date of any bill or resolution approved by the Gov ernor or becoming law without his approval.

Paragraph 11 was adopted.

On the adoption of Section 5 of Article 2, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Atherton Barber Barfield Bell Berry Black Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Busbee

Chandler Clarke Collins, M. Collins, S. Connell Cooper Crowe Dailey Davis, W. Dixon Dodson Ezzard Felton Floyd, L. R.

Gary Gaynor Geisinger Graves Gunter Hamilton Harrington Harris, J. F. Harris, J. R. Hawes Hill, B. L. Housley Hudson Hutchinson

284
Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Matthews, D. R. Maxwell

JOURNAL OF THE HOUSE,

Miles Moore Mullinax Nessmith Nunn Pafford Peterson Phillips, L. L. Phillips, W. R. Poole Potts Rainey Ross Rush Salem Scarlett

Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R, Sweat Thompson, A. W. Thompson, R. Toles Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

DeLong Dent Lane, W. J.

Murphy Northcutt Paris

Parker, C. A.

Those not voting were Messrs.:

Adams Ballard Battle Bennett Blalock Bohannon Bond Bostick Bo wen Brantley, H. L. Buck Burruss Caldwell Carnes Gates Cole Collier Colwell Conger Conner Cook Daugherty Davis, E. T. Dean, J. E. Dean, N. Dickinson Dorminy

Douglas Edwards Egan Ellis Evans Fallin Farmer Farrar Floyd, J. H. Funk Gignilliat Grahl Griffin Hadaway Hale Hargrett Harris, R. W. Harrison Henderson Higginbotham
Hill, G. Holder Hood Horton Howell Johnson Joiner

Jones, C. M. Jordan, G. Knapp Knowles Lambert Lewis Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate Morris Nash Odom Parker, H. W. Patterson Peters Phillips, G. S. Pickard Pinkston Reaves

Roach Rowland Russell Scarborough Smith, V. T. Snow

FRIDAY, JANUARY 16, 1970

286

Sorrells Thomason Townsend Vaughn Wamble Whaley

Wilkerson Winkles Williams Wood Mr. Speaker

On the adoption of Section 5, the ayes were 90, nays 7.

The Speaker voted "aye".

Section 5 of Article 2 was adopted.

Mr. Murphy of the 19th served notice that at the proper time he would ask the House to reconsider its action in failing to adopt his amendment to Article 2, Section 5, Paragraph 11, Sub-paragraph (a).

The Speaker then referred the House to Article 2, Section 6, Paragraph 4.

Mr. Brooks of the 17th asked unanimous consent that this paragraph be postponed until Monday, January 19,1970.

The consent was granted.

By unanimous consent, further consideration of the entire Article 2 was postponed until Monday, January 19,1970.

The entire Article 3 of the Committee substitute to HR 514-1028 was read.

The following amendment, offering a substitute to Article 3, offered by Messrs. Gunter and Moore of the 6th, was read:
Messrs. Gunter and Moore of the 6th moves to amend the Judiciary Committee Substitute to H. R. 514-1028 as follows:
By striking Article 3, relating to the Judicial Branch, in its entirety and inserting in lieu thereof a new Article 3, to read as follows:

286

JOURNAL OF THE HOUSE,

"ARTICLE 3

SECTION 1

COURTS

Paragraph 1. Courts Enumerated. The judicial power of the State shall be vested exclusively in a unified judicial system which shall con sists of one Court of Appeals, Superior Courts, and Ordinary Courts together with other existing courts until such other existing courts are abolished by the legislature. When any court is so abolished its jurisdic tion and powers shall vest in the Superior Court or other existing court of the circuit wherein it was located, as may be provided by law. The General Assembly may provide for courts having jurisdiction to commit for State offenses and to try violations of municipal ordinances only.

"SECTION 2
THE COURT OF APPEALS
Paragraph 1. Jurisdiction. Georgia shall have one Appellate Court to be known as the Court of Appeals. It shall have no original jurisdic tion and its function shall be the trial and correction of errors of law in all cases upon appeal from the Superior Courts and other courts having county-wide jurisdiction over civil and criminal matters. All the powers of the Court of Appeals are enumerated herein and it shall have no in herent powers.
POWERS
The Court of Appeals shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and shall have powers to grant and issue supersedas at any time after notice of appeal is filed in the trial court. The decision of the Court of Appeals shall bind all other courts of the State as precedent.
POWERS
The Court of Appeals shall have the power to organize itself into divisions and panels and to provide rules for the assignment of cases to said divisions and panels in such manner as to facilitate the efficient and expeditious disposal of cases, provided, however, that no case shall be decided on appeal by a panel of less than three. Decisions of the panels which are not unanimous shall be reviewed and decided by a full division of the court or by the entire court within discretion of the court.

MEMBERS
The Court of Appeals shall consist of 16 judges but the number of judges may be increased or decreased from time to time by the legisla-

AY, JANUARY' 16; 1970

287

;ture Upon a determination by the legislature that'the work load of the court' requires 'adjustment of the number Of judges.

Within 30 days after each general election the judges shall, by secret ballot; elect one of their members to be Chief Judge. Said Chief Judge shall be the Administrative head of the Court of Appeals.

DUTIES
All eases brought to the Court of Appeals shall be decided upon the merits of the case.
No case shall be dismissed for failure to comply with any rule of the coUrt but such failure, when shown to be due to gross negligence or to willful neglect, shall be grounds,for contempt only.

TENURE
The judges of the Court of Appeals shall be elected for terms of six years and until their successors are elected and qualified. At the general election following the expiration of three years from the date of his appointment, and every six years thereafter, so long as he retains his office every Judge of the Court of Appeals who is unopposed for reelection, shall be subject to approval or rejection by the electorate of the entire State under procedure prescribed by the legislature.

VACANCIES
The Governor shall fill by appointment all vacancies on the Court of Appeals.

"SECTION 3
SUPERIOR COURTS
Paragraph 1. Composition. There shall be such number of judicial circuits with such number of Superior Court Judges therein as may be prescribed by the General Assembly from time to time.
Paragraph 2. Tenure, Election, and terms of Judges of the Superior Courts.
(a) Tenure. Judges of the Superior Court shall hold office for a term of four years and until their successors are elected and qualified.
(b) Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms.

288

JOURNAL OP THE HOUSE,

(c) Terms. The terms of the Judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections.

Paragraph 3. Exclusive Jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting; title to land; and in equity cases.

Paragraph 4. General Jurisdiction. The Superior Courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by this Constitution or by law. The Superior Courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. The Judges of said Court may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required,, or may be waived.

Paragraph 5. Vacancies. The Governor shall fill by appointment, each vacancy in the office of Judge of the Superior Court. The person appointed shall hold office until the first day of January next following' the election and qualification of his successor. At the next regulargeneral election held more than thirty days from the time such vacancyoccurs, a successor for the unexpired term shall be elected.

"SECTION 4
COURTS OF THE ORDINARY
Paragraph 1. Courts of Ordinary. There shall be a Court of Ordi nary in each county, the power of which shall be vested in a Judge of the Court of Ordinary whose qualifications shall be prescribed by law. The Ordinaries of the several counties shall serve as the Judges of the respective Courts of Ordinary until the general election following the effective date of this Constitution.
Paragraph 2. Jurisdiction. The Courts of Ordinary shall have jur isdiction of probate matters, and such other jurisdiction and powers as may be conferred upon them by law.
Paragraph 3. Term of Office. The Judge of the Court of Ordinary shall hold office for the term of four years and until his successor is elected and qualified.
Paragraph 4. Duties and Responsibilities. The Judges of the several Courts of Ordinary shall perform all the duties and responsibilities of the Ordinaries of the respective counties as may be provided by law at

FRIDAY, JANUARY 16, 1970

289

the time of the effective date of this Constitution until otherwise pro vided by law. Said Judges of the several Courts of Ordinary may dele gate all duties and responsibilities of the Ordinary as so provided by law, except such matters as may be specifically provided by the several Courts of Ordinary, to a clerk of the Court of Ordinary by proper order entered upon the minutes of said Court.

Paragraph 5. Eligibility. Eligibility and qualifications for Judges of the Courts of Ordinary shall be such as is provided by law.

Paragraph 6. Vacancies. Vacancies in the Office of Judge of Court of Ordinary shall be filled as provided by law.

Paragraph 7. The General Assembly may provide that the office and duties of the Ordinary and the office and duties of the Clerk of Court in any county may be combined into one office and the office holder shall be known as Judge of Probate and the Court shall be known as the Probate Court.

"SECTION 5
QUALIFICATIONS OF JUDGES
Paragraph 1. Age, Citizenship, Practice of Law. No person shall be a Judge of Court of Appeals, or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which he was elected or appointed he shall be at least thirty years and not more than seventy years, of age; shall have been a citizen of and practiced law in the State of Georgia for seven years next preceding his election and shall be a member in good standing of the State Bar of Georgia, and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for one year next preceding his election or appointment.

"SECTION 6
COMPENSATION OF JUSTICES OF THE SUPERIOR COURT, JUDGES OF THE COURT OF APPEALS, JUDGES OF THE SUPERIOR COURTS, AND JUDGES OF COURTS OF ORDINARY
Paragraph 1. Salary. The compensation of Justices of the Supreme Court and Judges of the Court of Appeals and Superior Courts shall be fixed by statute and shall not be diminished during the term for which the Justice or Judge was appointed or elected. Compensation of Judges of the Courts of Ordinary shall be as the General Assembly may provide. Compensation for Ordinaries for the several counties of this State pro vided by law at the time of the ratification of this Constitution shall be the compensation of the several Judges of the Courts of Ordinary in each county respectively until changed by law.

290

JOURNAL OP THE HOUSE;;

. : . Paragraphs, Retirement.

. ' :.

(a) The General Assembly may'provide by law for^the retirement including compulsory retirement, of Justices of the Supreme Court, ; Judges of the Court of Appeals, Judges of the Superior Courts, and Judges of the Courts of Ordinary. ;

(b) Judges of the Courts of Ordinary shall be'eligible for member ship and participation in the Ordinaries' Retirement Fund of Georgia heretofore provided for Ordinaries and their widows and as may here': after, ibe provided by law. Provided, .however, that Probate Judges may choose membership in either the Ordinaries' or: , the ..Clerks' retirement plan but may not participate in both.

; ;:..; Paragraph 3. Assignment of Judges, The Chief Judge of the Court of Appeals shall have the power in the manner provided by law to assign any, Justice or Judge including retirement and emeritus Justices or Judges, of the State to sit temporarily, but not for .periods in excess of two years within any four-year period, in any State Court when any Justice or Judge thereof is disqualified or incapacitated and in any other case where the Court of Appeals deems such assignment necessary to aid the prompt disposition of judicial business.

"SECTION 7
VENUE AND JURY TRIAL
Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the Judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be provided by law; provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be pre scribed by law.
Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the county where the defendant resides unless otherwise provided by law.
Paragraph 3. Jury Trial. The right of trial by jury in suits at common law, and to the extent conferred by statute, from time to time, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the Superior Courts, where there shall be twelve, unless otherwise agreed by the parties. The General Assembly may also provide by law for alter nate jurors. The Court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed within the time required by law, subject to the right of the trial judge to require the verdict of a jury in determining the amount of damages in cases involv ing unliquidated damages.

FRIDAY, JANUARY 16, 1970

291

"SECTION 11

DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT

Paragraph 1. Discipline, Removal and Involuntary Retirement. The General Assembly shall provide by law the procedure and method for the discipline, removal, and involuntary retirement of Judges of the Court of Appeals, Judges and Associate Judges of Superior Courts, Judges of the Courts of Ordinary, and Judges of any other Courts of this State. This Section is cumulative with the methods of removal else where provided in this Constitution."

The following amendment, offering a substitute to Article 3, offered by Mr. Kreeger of the 117th, was read:
Mr. Kreeger of the 117th moves to amend the Judiciary Committee substitute to HR 514-1028 by striking Article 3, relating to the Judicial Branch, in its entirety and inserting in lieu thereof a new Article 3 to read as follows:

ARTICLE 3
JUDICIARY
SECTION I.
Paragraph I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law.
Paragraph II. The General Assembly may, in its discretion, create a new court or system of courts in and for each city having a popu lation of more than 300,000 according to the last or any future Federal decennial census, conferring upon such new court or system of courts jurisdiction to issue warrants, try cases and impose sentences thereon in all misdemeanor cases arising under any law of the State regulating the ownership or operation of motor vehicles within its territorial juris diction, together with provisions as to rules, organization and procedure in such courts and as to new trials and the correction of errors in and by such courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity in Paragarph I, Section IX of Article VI of the Con stitution of 1945. The General Assembly is authorized to delegate to the governing authorities of any such municipality any and all powers necessary and appropriate for the establishment, operation and mainte nance of such court.

292

JOURNAL OF THE HOUSE,

Paragraph III. The General Assembly may, in its discretion, create a new court or system of courts in and for each city of this State having a population of more than 300,000 according to the United States Decen nial Census of 1960, and any future such United States Census, confer ring upon such new court or system of courts jurisdiction to issue war rants, try cases and impose sentences thereon:

(1) In all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, as the same exists or may hereafter be amended, and all other traffic laws of the State, as the same exist or may hereafter be amended.

(2) In all misdemeanor cases arising under any law of the State regulating the ownership and operation of motor vehicles within its territorial jurisdiction, as the same exists on January 1, 1969, or as may thereafter be amended.

(3) In all cases arising under any charter provision or ordinance of any such city regulating traffic or the ownership or operation of motor vehicles, together with provisions as to rules, organization and procedure in such courts and as to new trials and the correction of errors in and by such courts and with such further provisions for the correction of errors by the Superior Court, the Court of Appeals or the Supreme Court as the General Assembly may from time to time, in its discretion, provide or authorize. Any court or system of courts so estab lished shall not be subject to the rules of uniformity in Paragraph I, Section IX of Article VI of the Constitution of 1945. The General Assem bly is authorized to delegate to the governing authorities of any such municipality any and all powers necessary and appropriate for the establishment, operation and maintenance of such court.

In the event the territorial limits of any such city is decreased or increased in size, the jurisdiction of any court created pursuant to the provisions of this Paragraph shall likewise be decreased or increased, as the case may be.

In the event a new court or system of courts is created by the General Assembly pursuant to the provisions of this Paragraph, the General Assembly, in its discretion, may abolish the jurisdiction of other courts to issue warrants, try cases and impose sentences in cases upon which jurisdiction is conferred upon the courts or systems of courts created pursuant to the provisions of this Paragraph, and to further provide that all such cases pending in such court or system of courts shall be transferred to the court or system of courts created pursuant to the provisions of this Paragraph.

SECTION II.
Paragraph I. Supreme Court Justices; Quorum. The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice, and one as Presiding Justice; the office of Chief Justice as it has heretofore existed under this Constitution being hereby converted into the office

FRIDAY, JANUARY 16, 1970

293

of an associate justice, with the same right of incumbency and the same succession as to terms, as applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and adminis trative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall consti tute a quorum.

Paragraph II. Court to Designate Judges to Preside, When; Means for Supreme Court to Prevent Delay in Congested Dockets. When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Courts to preside in said case, provided, that if all the justices are disqualified, they or a major ity of them shall, despite their disqualification, select seven judges of the superior court to preside in the cause, but they shall make such selec tions by lot and in open court from not less than twelve names of such superior court judges.

Paragraph III. Terms of Office. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the pepole at the same time and in the same manner as members of the General Assembly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected for the succeeding terms at the time of electing members of the General Assembly during that year; successors to the two incum bents whose terms will expire on December 31, 1948, shall be elected in like manner during that year; successors to the two incumbents whose terms will expire on December 31, 1950, shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946, and his successor for the ensuing regular term of six years to be elected at the time and in the manner aforesaid at such general election to be held during that year; and all terms (except unexpired terms) shall be for six years. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Gov ernor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secre tary of State, who shall certify the result to the Governor, and commis sion shall issue accordingly.

Paragraph IV. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of con-

294

JOURNAL OF THE HOUSE,

viction of a capital felony; in all habeas corpus cases; in all cases involv ing extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It
shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or the Court of Appeals, which belongs to the class of which the other court has juris diction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the deter mination of cases.

Paragraph V. Cases, how disposed of. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in trans mission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom.

Paragraph VI. Judgments may be withheld. In any case the Court may in its discretion withhold its judgment until the next term after the same is argued.

Paragraph VII. The Supreme Court; how cases to be heard and determined. The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be pre scribed by it.
Paragraph VIII. Court of Appeals. The Court of Appeals shall con sist of the Judges provided therefor by law at the time of the ratifica tion of this amendment, and of such additional Judges as the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expirtaion of the terms of the Judges provided for by law at the time of the ratification of this amendment, except unexpired terms, shall continue six years, and until their succes sors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election

FRIDAY, JANUARY 16, 1970

295

and appointment of Justices of the Supreme Court. The Court of Ap peals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savan nah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be pre scribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribed, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certi fied from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise pro vided by law. The laws relating to the Supreme Court as to qualifica tions and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the code of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly. In the event of an equal division of judges on any case when the Court is sit ting as a body, the case shall be immediately transferred to the Supreme Court.

Paragraph IX. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications, rendered by any juvenile court created or referred to in an Act of the General Assembly approved February 19,

296

JOURNAL OP THE HOUSE,

1951 (Ga. L. 1951, p. 291), as amended, and any other juvenile court that may be hereafter established, and, it shall further be the duty of the District Attorney of the judicial circuit within which juvenile court or
courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be pro vided by law, but in any case, the juvenile judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required.

SECTION III.
SUPERIOR COURTS.
Paragraph I. Terms, etc., of Superior Court Judges. There shall be a judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit; provided that at all times there shall be at least one judge in every judicial circuit of this State. Notwithstanding the provision of this Section providing for a term of four years for Judges of the superior courts and notwithstand ing any other provision of the Constitution of Georgia, the term of of fice of each of the Judges of the Superior Court of the Atlanta Judicial Circuit who is elected at the general election of 1956 shall be for eight years from January 1, 1957 and until his successor is qualified, and the term of each of the Judges of the Superior Court of the Atlanta Judicial Circuit elected in subsequent years shall be eight years and until his successor is qualified.
Paragraph II. Elections, when to be held. The successors to the present and subsequent incumbents shall be elected by the electors of the Circuit wherein the Superior Court judge is to serve, who are en titled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms.
Paragraph III. Terms begin, when. The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

FRIDAY, JANUARY 16, 1970

297

SECTION IV.

Paragraph I. Exclusive jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the peniten tiary, in cases respecting titles to land, and equity cases.

Paragraph II. Equity may be merged in common law courts. The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by courts of equity in this State.

Paragraph III. General jurisdiction. Said Courts shall have juris diction in all civil cases, except as hereinafter provided.

Paragraph IV. Appellate jurisdiction. They shall have appellate jurisdiction in all such cases as may be provided by law.

Paragraph V. Certiorari, mandamus, etc. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law.

Paragraph VI. New trials. The Superior, and City Courts may grant new trials on legal grounds.

Paragraph VII. Judgment of the court. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise pro vided in this Constitution, and subject to the right of trial by a jury on written demand of either party.

Paragraph VIII. Sessions. The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties at any time, in vacation, at chambers hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.

Paragraph IX. Presiding judge disqualified. The General Assembly may provide by law for the appointment of some proper person to pre side in cases where the presiding judge is from any cause disqualified.

SECTION V.
Paragraph I. Judges of Superior and City courts may alternate, when. In any county within which there is, or hereafter may be a City Court the Judge of said court, and of the Superior Court may preside in the courts of each other in cases where the judge of either Court is disqualified to preside.

298

JOURNAL OF THE HOUSE,

SECTION VI.

Paragraph I. Appeals from Ordinary. The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county, from whose decision there may be an appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law.

Paragraph II. Powers. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.

The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdiction.

Paragraph III. Term of office. The Ordinary shall hold his office for the term of four years and until his successor is elected and qualified.

SECTION VII.
JUSTICES OP THE PEACE
Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a popula tion of over twenty thousand, and establish in lieu thereof such court or courts or system, of courts as the General Assembly may, in its discre tion, deem, necessary, conferring upon such new court or courts or sys tem of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General

FRIDAY, JANUARY 16, 1970

299

Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justices of the peace in any county in this State having within its borders a city having a popu lation of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such addi tional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX or Article VI of the Constitution of Georgia.

Paragraph II. Jurisdiction. Justices of the Peace shall have juris diction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law.

Paragraph III. Elections and commissions. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.

SECTION VIII.

NOTARIES PUBLIC

Paragraph I. Appointment; number; term; removal. Commis sioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office.

SECTION IX.

UNIFORMITY OF COURTS
Paragraph I. Uniformity provided for. Except as otherwise pro vided in this Constitution, the jurisdiction, powers, proceedings and

300

JOURNAL OF THE HOUSE,

practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. The uniformity must be estab lished by the General Assembly, and in case of City Courts, may be established by the General Assembly.

SECTION X.
ATTORNEY GENERAL
Paragraph I. Election; term of office. There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor.
Paragraph II. Duties. It shall be the duty of the Attorney Gen eral to act as the legal adviser of the Executive Department to rep resent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any Court when required by the Gov ernor and to perform such other services as shall be required of him by law.

SECTION XI.
DISTRICT ATTORNEYS
Paragraph I. There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expira tion of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
Paragraph II. It shall be the duty of the district attorney to rep resent the State in all cases in the superior court of his circuit and in all cases taken up from the superior court of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law.
Paragraph III. Wherever the words 'solicitor general' are used in any statute they shall be held and taken to mean the district attorney.

FRIDAY, JANUARY 16, 1970

301

SECTION XII.

SALARIES OF JUSTICES, JUDGES AND DISTRICT ATTORNEYS

Paragraph I. Salaries of Justices, Judges and District Attorneys. The Justices of the Supreme Court each shall have out of the treasury of the State salaries of not less than $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of not less than $8,000 per annum, the Judges of the Superior Courts each shall have out of the treasury of the State salaries of not less than $6,000 per annum and the District Attorneys shall each have out of the treasury of the State a salary of not less than $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a Judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being sup plemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. Provided fur ther, that the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand {$2,000) Dollars per annum, which shall be in addition to the amount received by said Judge out of the State treasury; and such payments are declared to be a part of the court expenses of said County, and such payment shall be made to the Judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided.

Paragraph II. Powers to abolish or reinstate fees of District At torney. The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of District Attorney in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without re gard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of District Attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the District Attorney was elected.

SECTION XIII.
QUALIFICATIONS OF JUSTICES, JUDGES, ETC.
Paragraph I. Age; citizenship; practice of law. No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or Attorney General, unless, at the time of his election, he

302

JOURNAL OF THE HOUSE,

shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected District Attorney, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election.

Paragraph II. Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service.

SECTION XIV.
VENUE
Paragraph I. Divorce cases. Divorce cases shall be brought in the county where the defendant resides, if a resident of this state; if the defendant be not a resident of this state, then in the county in which the plaintiff resides, provided, that any person who has been a resi dent of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation.
Paragraph II. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction.
Paragraph III. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits against joint obligors, co-partners, etc. Suits against joint obligors, joint promissors, co-partners, or joint tres passers, residing in different counties, may be tried in either county.
Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Paragraph VI. All other cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an im partial jury cannot be obtained in such county.

FRIDAY, JANUARY 16, 1970

303

..;;:,. -.,..- .:.. SECTION :XV.

'" ' .

CHANGE OF VENUE

Paragraph I. Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, pro vided by law.

. '. ..>' -:.-.' -, SECTION xvi. ;,.',

, .', ,: .

JURY TRIAL

Paragraph I. Right of trial by jury. The right of trial by jury except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any num ber, not less than five, to constitute a trial, or traverse jury, except in the superior court.

Paragraph II. Selection of jurors. .The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and up right men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assem bly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.

Paragraph III. Compensation of jurors. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State.

SECTION XVII.
COUNTY COMMISSIONERS
Paragraph I. Power to create County Commissioners. The Gen eral Assembly shall have power to provide for the creation of county commissioners in such counties as may require them,, and to define their duties.
SECTION XVIII.
WHAT COURTS MAY BE ABOLISHED
Paragraph I. Power to abolish courts. All courts not specially mentioned by name in the first section of this Article may be abol ished in any county at the discretion of the General Assembly.
Paragraph II. Supreme Court cost. Pauper oath. The cost in the Supreme Court and Court of Appeals shall not exceed $15.00 until otherwise provided by law. Plaintiffs in error shall not be required

304

JOURNAL OF THE HOUSE,

to pay costs in said courts when the usual pauper oath is filed in the court below.

By unanimous consent, further consideration of Article 3 was postponed until Monday, January 19, 1970.

Mr. Grahl asked unanimous consent that the House reconsider its action in adopting Article 1, Section 1, Paragraph 13 on page 3 of the Committee substitute.

The consent was granted and the paragraph was reconsidered.

The following amendment was read and adopted:

Mr. Grahl of the 40th moves to amend the Committee Substitute to HR 5141028 by striking from Article 1, Section 1, Paragraph 13, the words "Freedom of speech and of the press shall not be curtailed or restrained;" and inserting in lieu thereof the following words: "Freedom of speech and of the press shall not be curtailed or restrained, either by law or any other means;".

Article 1, Section 1, Paragraph 13, as amended, was adopted.

Article 1, as amended, was adopted.

By unanimous consent, the Speaker referred the members of the House to Article 8.

The following paragraph was read:
ARTICLE 8
AMENDMENTS TO THE CONSTITUTION
SECTION 1
CONSTITUTION AMENDED, HOW
Paragarph 1. Proposals to Amend the Constitution; New Con stitution. Amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitutional con-

FRIDAY, JANUARY 16, 1970

80S

vention as hereinafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be proposed.

On the adoption of the paragraph, 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 Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Games Gates Chandler Clarke Collins, M. Collins, S. Colwell Cook Davis, W. Dean, J. E. Dean, N. DeLong Dent Evans Ezzard Farmer Farrar Feltonj Floyd, L. R.

Gary Gaynor
Geisinger Gignilliat
Grahl Graves Hamilton Hargrett
Harrington
Harris, J. F. Harris, J. R. Hawes Horton Howell Hutchinson Jones, C. M. Jones, Herb
Jones, M. Jordan, H. S. Keen Knowles
Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Levitas Lonjgino Lowrey Marcus Matthews, C.
Maxwell Melton

Morris
Mullinax
Murphy
Nessmith
Northcutt
Nunn Odom Paris Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Ross Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Thomason Thompson, A. W. Ware Westlake Wheeler, J. A. Wilkerson Winkles

Those voting in the negative were Messrs.:

Atherton Black
Bo wen Bray
Brooks
Brown, C. Burruss

Connell
Crowe, William Dailey Dickinson
Dorminy Floyd, J. H. Henderson

Hill Hood Housley
Hudson Keyton Kreeger
Lewis

306
Mason Matthews,'!). R. Mauldin McDaniell Merritt Miles ...

JOURNAL OF THE HOUSE,

Pafford Patterson Peters, R, G. Rainey Reaves .Rush

Russell Simmons Smith, J.R. Whaley Wheeler, Bobby Wilson

Those not voting were Messrs.:

Ballard Barfield Benmett Blalock Bohannon Bostick Buck Caldwell
Cole Collier Conger Conner Cooper Daugherty Davis, E. T. Dixon Dodson Douglas Edwards Egan Ellis Fallin

Funk Griffin Gunter Hadaway Hale Harris, R. W. Harrison Higginbotham Hill Holder Johnson Joiner Jordan, G. Knapp Lambert Lane, W. J. Leonard McClatehey McCracken Milford Miller Moate

Moore Nash Parker, C. A. ' Parker, H. W. Peterson Phillips, G. S. Pickard Roach Kowland Salem Snow Sorrells Sweat Thompson, R. Toles Townsend Vaughn Wamble Williams Wood Mr. Speaker

On the adoption of Article 8, Section 1, Paragraph 1, the ayes were 91, mays 49.

The paragraph was adopted.

Mr. Salem of the 51st stated that he had inadvertently voted Mr. Cook's machine and that he wished to be recorded as voting "aye" and that Mr. Cook was not present when the vote was taken.

The following paragraphs were read and adopted:
Paragraph 2. Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend this Constitution or for a new Constitution shall originate as a resolution in either the House of Representatives or the Senate and if approved by two-thirds of the

FRIDAY, JANUARY 16, 1970

SOT

elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such pro posal to be published, as provided by law, in one or more newspapers, having general circulation in each Congressional District in the State once each week for three consecutive weeks immediately preceding the week containing the day of the general election at which such proposal is to be submitted, and such proposal shall be placed on the ballot for the next general election. The language to be used in submitting a pro posed amendment or new Constitution shall be in such words as the General Assembly may provide in the resolution, or in the failure thereof, in such language as the Governor may prescribe. If such pro posal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general elec tion, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so ap proved shall take effect on the first day of January following the date of the vote thereon, unless the resolution proposing the amendment shall provide otherwise. When more than one proposal to amend the Constitution is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal sepa rately.

Paragraph 3. Repeal or Amendment of Proposal. Any proposal to amend this Constitution or for a new Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such proposal by the affirma tive vote of two-thirds of the elected membership of each House in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

Paragraph 4. Constitutional Convention; How Called. No con vention of the people shall be called by the General Assembly to amend this Constitution, or to propose a new Constitution, unless by the con currence of two-thirds of all members of each House of the General Assembly. The representation in said convention shall be based on popu lation as near as practicable. This Constitution shall not be amended or a new Constitution come into being until the proposal has been sub mitted and ratified by the people in the manner provided for submission and ratification of proposals by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate, and for other matters relative to such constitutional convention.

Section 1 was adopted. Article 8 in its entirety was adopted. The following paragraph was read and adopted:

308

JOURNAL OF THE HOUSE,

ARTICLE 9

MISCELLANEOUS PROVISIONS

SECTION 1

Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified, and all general, special, and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.

The following paragraph was read:
Paragraph 2. Provisions of Prior Constitutions Continued as Statu tory Law. Upon the effective date of this Constitution, amendments to the Constitution of 1877 continued in force by Article 7, Section 10 of the Constitution of 1945, amendments to the Constitution of 1945 and the provisions of the Constitution of 1945 shall continue in force and effect as statutory law so far as consistent with this Constitution, provided the amendment of Paragraph 1 of Section 3 of Article 6 of the Constitution of 1945 proposed by Georgia Laws 1956, page 636, and ratified in the general election held in November, 1956, providing the term of office of each of the Judges of the Superior Court of the At lanta Judicial Circuit shall be eight years, shall not be continued in force. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect ,as such laws existed at the time of the effective date of this Constitu tion, and are hereby declared to be constitutional under this Constitu tion.
If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local Act in the same manner as other statutes, but no such amending or repealing Act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby.

FRIDAY, JANUARY 16, 1970

309-

The following amendment was read and adopted:

Mr. Harris of the 77th moves to amend committee substitute to HR 5141028 as follows:

By striking from Paragraph 2, Section 1, Article 9, as they appear on num bered lines Nine and Ten on page 89 the words "so far as consistent with this. Constitution" and substituting in lieu thereof a comma.

Paragraph 2, as amended, was adopted.

The following paragraphs were read and adopted:
Paragraph 3. Special Provision with Respect to Constitutional Amendments Adopted at the General Election at which this Constitu tion is Adopted. All constitutional amendments adopted under the pro cedure established in the Constitution of 1945 which are ratified at the general election at which this Constitution is ratified shall continue in force and effect as an amendment to the Constitution of 1945 on the basis provided in Paragraph 2 above, and the provisions of Paragraph 2 shall apply thereto.
Paragraph 4. Interim Provisions Respecting Terms of Elected Of ficers. All elected officers in office on the effective date of this Con stitution shall serve for the terms to which elected.

Section 1, as amended, was adopted.

The following Section 3 of Article 9 was read and adopted:
SECTION 3
DEVELOPMENT AUTHORITIES
Paragraph 1. The development of trade, commerce, industry, and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create development authorities to promote and further such purposes, or may authorize the creation of such authority by any county or munici pal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the issuance of revenue obligations by such authorities which shall not constitute an indebtedness of the State-

310

JOURNAL OP THE HOUSE,

The General Assembly may provide for the validation of any revenue obligations authorized, and that such validation shall thereafter be in contestable and conclusive.

Mr. Hawes of the 95th moved that the remainder of Article 9 be postponed until a later date in order that further study could be made.

The motion prevailed.

Mr. Busbee of the 61st moved that the House do now adjourn until 12:30 o'clock, P.M., Monday, January 19, 1970, and the motion prevailed.

The Speaker announced the House adjourned until 12:30 Monday afternoon, and HR 514-1028 was carried over as unfinished business.

MONDAY, JANUARY 19, 1970

311

Representative Hall, Atlanta, Georgia Monday, January 19, 1970

The House met pursuant to adjournment at 12:30 o'clock, P.M., this day and was called to order by the Speaker.
The following prayer was offered by Dr. J. Robert Smith, Pastor, First Baptist Church, Statesboro, Georgia:
Oh God, most holy, wise, and powerful, preserver and governor of all thy creatures and all their actions, we thank Thee for this day which thou has made and we rejoice and are glad in it.
As these men assemble as representatives of the people of this state to consider the welfare of the people and thereby to help shape the conditions under which all of us must live, we pray for them, as Thou has admonished us to pray for our leaders in government.
Keep them this day in health and body and soundness of mind, in purity of heart and cheerfulness of spirit, in patience with what they cannot change or do and in charity with their fellow man.
Further all their worthy undertakings with Thy blessings; in their labors strengthen them, in their deliberations guide them, in their difficulties empower them, in their perils defend them, in their troubles comfort them.
May the motto of this state--wisdom, justice, moderation--ever help to guide their actions. Help them to be aware of the truth that the only thing necessary for evil to flourish is for good men to do nothing.
Supply their needs this day we pray through Him to whom be all glory and praise and honor,
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.

312

JOURNAL OF 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. 7. That the Speaker may in his discretion call up any Bill on the General "Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House Tvere introduced, read the first time and referred to the committees:
HB 1115. By Messrs. Salem of the 51st, Parker of the 46th and Edwards of the 45th: A Bill to be entitled an Act to authorize the levy and collection of a wholesale tax; to provide the rate of such tax; and for other purposes.
Referred to the Committee on Ways and Means.
BB 1116. By Messrs. Salem of the 51st and Edwards of the 45th: A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933, so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight and one-half cents per gallon; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st, Battle of the 90th, Wheeler of the 57th, Rush of the 51st and others: A Bill to be entitled an Act to amend Code Chapter 27-1 releating to proceedings prior to arrest, so as to provide for a reward to be paid to persons furnishing information leading to the arrest and conviction of a person charged with the crime of murder when the victim of such murder was a police officer; and for other purposes.
Referred to the Committee on State of Republic.

MONDAY, JANUARY 19, 1970

313

HB 1118. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to make it unlawful for any person to occupy a boat on the water of Georgia unless he shall be wearing a life jacket or other like device approved by the U. S. Coast Guard; and for other purposes.
Referred to the Committee on Game and Pish.

HB 1119. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 26-2306, relating to local government officers or employees selling to political subdivi sions, so as to provide that it shall not be lawful for an officer or employee of a political subdivision or agency thereof to sell personal property to the political subdivision or agency thereof to sell personal property to the political subdivision on a bid basis; and for other pur poses.
Referred to the Committee on State of Republic.

HB 1120. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act relating to the restriction of the use of certain devices used in hunting and trapping foxes in certain counties, so as to provide that such restrictions shall not be applicable where the owner of the property where such devices are used shall consent thereto; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1121. By Messrs. Whaley of the 93rd, Barber of the 15th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, so as to permit certain pupils who live within one and one-half miles from the school to which they are assigned be counted as transported pupils for the purpose of calculating the expense of pupil transportation under said Act; and for other purposes.
Referred to the Committee on Education.

HR 550-1121. By Mr. Paris of the 14th: A Resolution compensating Mr. Boyd Garner; and for other purposes.
Referred to the Committee on Appropriations.

HR 551-1121. By Mr. Phillips of the 50th: A Resolution compensating Mr. Willie Linder; and for other purposes.
Referred to the Committee on Appropriations.

314

JOURNAL OF THE HOUSE,

HE 552-1121. By Messrs, Moore of the 6th, Farmer of the 16th, Northcutt of the 21st, Scarborough of the 81st, Jones of the 87th, Whaley of the 93rd and others:
A Resolution proposing an amendment to the Constitution, so as to create the Legislative Compensation Board for the purpose of fixing the salary of the members of the General Assembly; and for other purposes.
Referred to the Committee on Retirement.

HR 553-1121. By Mrs. Merritt of the 46th: A Resolution compensating Dr. James W. Smith; and for other purposes.
Referred to the Committee on Appropriations.

HR 554-1121. By Messrs. Rush and Salem of the 51st: A Resolution to compensate Tattnall County; and for other purposes.
Referred to the Committee on Appropriations.

HR 555-1121. By Messrs. Lewis of the 37th and Salem of the 51st:
A Resolution relative to local control of public education; and for other purposes.
Referred to the Committee on Education.

HB 1122. By Mr. Jones of the 59th:
A Bill to be entitled an Act, to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that, within certain limitations, banks may accept as security for any loan an interest in real estate conveyed by a second mortgage or other security instrument which is given subject to prior security interest; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1123. By Mr. Rush of the 51st:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.
Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 19, 1970

315

HB 1124. By Mr. Dickinson of the 118th:
A Bill to be entitled an Act to impose a tax on mobile homes in all counties with populations of not less than 16,700 nor more than 16,800; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1125. By Messrs. Graves of the 9th and Harris of the 77th: A Bill to be entitled an Act to amend Code Section 26-1103, relating to involuntary manslaughter, so as to change the definition of the crime of involuntary manslaughter; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st: A Bill to be entitled an Act to amend the Act of the General Assembly of Georgia re-enacting the charter of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1127. By Mr. DeLong of the 80th: A Bill to be entitled an Act to provide that it shall be unlawful for any judge or solicitor of any court to serve as the attorney for any party or witness in any matter arising out of the circumstances which led such parties or witnesses to be such in the court of any such judge or solicitor; and for other purposes.
Referred to the Committee on Judiciary.
HB 1128. 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 providing for the giving of security by owners and operators of certain motor vehicles, so as to reduce the time within which payment of a judgment out of a security deposit may be made; 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 1098. By Messrs. Johnson of the 29th, Harris of the 10th and Cole of the 3rd: 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 change

316

JOURNAL OF THE HOUSE,

the maximum permissible width of vehicles permitted on public roads and highways of this State; and for other purposes.

HB 1099. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year beginning July 1, 1970 and ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made to the budget units provided for herein and for the purposes provided for herein; and for other purposes.

HB 1100. 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 providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appro priations Act", approved April 28, 1969 (Ga. L. 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A Bill to be entitled an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit system; to define urban transit systems under the terms hereof; and for other purposes.

HR 543-1101. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st, Dodson of the 82nd, Miller of the 83rd and Dorminy of the 48th:
A Resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

HR 544-1101. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Resolution proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home shall be exempt from all ad valorem taxation; and for other purposes.

HR 545-1101. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection

MONDAY, JANUARY 19, 1970

317

of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.

HR 546-1101. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th, Geisinger of the 72nd, Smith of the 39th and others:
A Resolution creating the Consolidated Retirement System Study Com mittee; and for other purposes.

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A Bill to be entitled an Act to amend an Act governing and regulat ing the use of the public roads and highways in this State, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

HB 1103. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain instances; and for other purposes.

HB 1104. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to authorize the District Attorney of each judicial circuit to appoint one Secretary whose salary shall be paid from State funds; to provide for supplemental salaries; to provide for the authority, duties and qualifications of such Secretary; and for other purposes.

HB 1105. By Messrs. Pickard, Jones and Buck of the 84th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees. . ." so as to provide for the County to contribute to any political entity the County's contribution to said pension fund of any employee, etc.; and for other purposes.

HR 548-1105. By Mr. Levitas of the 77th:
A Resolution compensating Mr. Morris Benbenisty; and for other purposes.

318

JOURNAL OF THE HOUSE,

HB 1106. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the rate of tax imposed under said Act; and for other purposes.

HB 1107. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled 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, so as to pro vide for a sales tax credit of certain specified amounts based upon the taxpayer's gross income plus tax exempt interest; and for other purposes.

HB 1108. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act to provide for additional grants to certain counties and incorporated municipalities of this State to be used for public purposes, except paying the salaries of elected officers; and for other purposes.

HB 1109. By Messrs. Smith, Leonard and Cole of the 3rd:
A Bill to be entitled an Act to provide that whenever any person's real or personal property tax return or his intangible tax return properly and correctly shows that he owes less tax than $1 he shall not be required to pay such amount, and the taxing authorities shall not be required to collect such amount; and for other purposes.

HB 1110. By Messrs. Peterson and Nunn of the 41st, Colwell of the 5th, Black of the 45th, Phillips of the 38th, Matthews of the 63rd, Mauldin of the 12th, Adams of the 100th, Nessmith of the 44th and others:
A Bill to be entitled an Act to amend Code Section 26-2306 relating to the prohibition of officers and employment of certain governments from selling to such governments, so as to provide that the provisions thereof shall not apply to any member of any board, commission or similar agency who serves and acts in an advisory capacity to the particular agency concerned; and for other purposes.

HB 1111. By Messrs. Smith, Leonard and Cole of the 3rd, Shanahan of the 8th, Pickard of the 84th, Snow of the 1st, and others:
A Bill to be entitled an Act to amend Code Chapter 32-1, relating to the Board of Regents and the University System, so as to authorize

MONDAY, JANUARY 19, 1970

319

the Board of Regents to enter into certain reciprocal agreements with certain States whereby nonresident tuition fees may be waived; and for other purposes.

HR 549-1111. By Messrs. Russell and Kejfton of the 70th and Barber of the 15th:

... ,-.-

A Resolution proposing an amendment to the Constitution so as to pledge thp full faith, credit and taxing powers of the State for the pay ment of revenue bonds issued for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the 12th grade; and for other purposes.

HB 1112. By Mr. Brooks of the 17th:

V

A Bill to he entitled an Act to change the terms of the Superior Court of Madison County; and for other purposes.

HB 1113. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to abolish the office of Treasurer of Elbert County; to provide that the Board of Commissioners of Elbert County shall appoint depositories for county funds; and for other purposes.

HB 1114. By Messrs. Cooper and Wood of the llth and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; and for other purposes.

SB 292. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, so as to change the method of selecting the legal organ in certain counties; and for other purposes.

SB 295. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.

SB 296. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.

320

JOURNAL OF THE HOUSE,

SB 297. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; and for other purposes.

Mr. Clarke of the 33rd District 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 has instructed me to report same back to the House with the following recommendations:

HB 1094. Do Pass.

HB 1095. Do Pass.

HB 1068. Do Pass.

HB 1069. Do Pass.

Respectfully submitted, Mr. Clarke of the 33rd District, Chairman.

The following communication was received:

HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA January 19, 1970
Honorable Glenn W. Ellard Clerk of the House 309 State Capitol Atlanta, Georgia

Dear Jack:

I am today appointing Honorable Thomas B. Buck, III, District 84 as Chairman of the House Retirement Committee in place of the Honorable Emory Rowland, deceased.
I am also appointing Honorable Henry Bostick, District 63 as Vice Chairman of the House Retirement Committee in place of Mr. Buck.
Sincerely yours, Geo. L. Smith II GLS :eph CC: Honorable Jack B. Ray, State Treasurer Honorable Ben W. Fortson, Jr., Secretary of State Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer Each of the above Representatives

MONDAY, JANUARY 19, 1970

321

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 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others: A Bill regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; to change the maxi mum number of selling hours; to repeal conflicting laws; and for other purposes.
SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others: A Bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; to repeal conflicting laws; and for other purposes.
SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others: A Bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and other purposes.
SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others: A Bill to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the fol lowing Resolutions of the Senate and House, to-wit:

322

JOURNAL OF THE HOUSE;

SR "86: S^ Senators Bateman of the 27th, Gillis'6f 'the '-20th"and '"Plurikett of

the 30th:

'

:;

A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia; to provide for the submission of this amendment for ratifica-
.-: , ition or rejection; and for other purposes. :.-,

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and

others:

.

A Resolution urging the 34-man Industry-Wide Flue-Cured Tobacco .Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A Resolution urging the United States Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in determining tobacco crop estimates; and for other purposes.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A Resolution urging Georgia tobacco farmers to plant old-line, high quality varieties of tobacco; and for other purposes.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A Resolution urging the Georgia-Florida Tobacco Warehouse Associa tion to consider taking steps to police and hold to a minimum the sale of out-of-belt tobacco on Georgia warehouse floors during the regular selling season; and for other purposes.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A Resolution urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; and for other purposes.
SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A Resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.

MONDAY, JANUARY 19, 1970

323

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A Resolution creating the Heroes of Georgia Commission; and for other purposes.

HR 196-565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Resolution proposing an amendment to the Constitution so as to provide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

SR 214. By Senator Smith of the 18th:
A Resolution calling the Joint Session of the House of Representatives and Senate for the purpose of hearing an address by Mr. Ed Baker; 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 86. By Senators Bateman of the 27th, Gillis of the 20th, and Plunkett of the 30th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholar ships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Geor gia; and for other purposes.
Referred to the Committee on University System of Georgia.

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A Resolution urging the 34-man Industry Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.
Referred to the Committee on Agriculture.

324

JOURNAL OF THE HOUSE,

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging the United States Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in de termining tobacco crop estimates; and for other purposes.
Referred to the Committee on Agriculture.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging Georgia tobacco farmers to plant old-line, high quality varieties of tobacco; and for other purposes.
Referred to the Committee on Agriculture.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging the Georgia-Florida Tobacco Warehouse Associa tion to consider taking steps to police and hold to a minimum the sale of out-of-belt tobacco on Georgia warehouse floors during the regular selling season; and for other purposes.
Referred to the Committee on Agriculture.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Nobel of the 19th, and Kennedy of the 4th:
A Resolution urging the 34-man Industry Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; and for other purposes.
Referred to the Committee on Agriculture.

SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.
Referred to the Committee on Agriculture.

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A Resolution creating the Heroes of Georgia Commission; and for other purposes.
Referred to the Committee on State of Republic.

MONDAY, JANUARY 19, 1970

325

SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A Bill to be entitled an Act regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; and for other purposes.
Referred to the Committee on Agriculture.

SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; and for other purposes.
Referred to the Committee on Agriculture.
SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A Bill to be entitled an Act to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes; and for other purposes.
Referred to the Committee on Natural Resources.
SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and au thority to the Director of State Highway Department when said Board is not in regular or called session; and for other purposes.
Referred to the Committee on Highways.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Gaynor of the 88th, Funk of the 92nd, Hill of the 94th and Ellis of the 91st:
A Bill to be entitled an Act to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.

326

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 105, nays 0.

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

HB 1095. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Funk of the 92nd, Hill of the 94th, Ellis of the 91st and Whaley of the 93rd:
A Bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1068. By Mrs. Merritt of the 46th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Schley 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1069. By Mrs. Merritt of the 46th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Schley County, known as the fee system; to pro vide an annual salary; and for other purposes.

MONDAY, JANUARY 19, 1970

327

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.

The following Resolution of the House was read and adopted:

HR 559. By Messrs. Smith of the 43rd, Matthews of the 63rd, Williams of the llth, Pafford of the 64th, Sweat of the 65th and many others:
A RESOLUTION
Expressing regret at the passing of Honorable Wilson B. Wilkes; and for other purposes.
WHEREAS, on November 27, 1969, Honorable Wilson B. Wilkes passed away; and
WHEREAS, he was born March 24, 1917 in Adel, Georgia; finished Sparks-Adel High School in 1933, and graduated from the University of Georgia in 1937; and
WHEREAS, he had an outstanding record of achievement in World War II, rising from a Private to Lieutenant Colonel in the Air Force, completing fifty missions and receiving the Distinguished Flying Cross with one Oak Leaf Cluster; the Air Medal with seven Oak Leaf Clusters; and a Presidential Citation with one Oak Leaf Cluster; and
WHEREAS, he served with distinction as a member of the House of Representatives for five terms and as a member of the Senate for one term; and
WHEREAS, during his service in the General Assembly he served on the Committee which was responsible for preparing the Act creat ing the Budget Bureau and prescribing much needed budget procedures for the operation of the State government; and
WHEREAS, during such service in the General Assembly he be came an expert on fiscal and budgetary matters, so that in 1964 he was appointed State Budget Officer by then Governor Carl Sanders, and was reappointed to that position by Governor Lester Maddox; and
WHEREAS, his ability as the State's top budget official was responsible for Georgia's having an outstanding program of budgeting procedures, and his tireless efforts made the work of the members of the General Assembly much easier; and

328

JOURNAL OF THE HOUSE,

WHEREAS, he was a close personal friend of a vast majority of the members of this body and was always available to assist them in their questions concerning budget and fiscal matters; and

WHEREAS, his death was a great loss, not only to the members of the General Assembly, the Governor and other State officials, but to all the citizens of this State; and

WHEREAS, he is survived by his wife, the former Ruby Ellison, a daughter, Mrs. James A. Boatman, two sisters, Mrs. L. R. Hutchinson and Mrs. Herman White, three brothers, E. O. Wilkes, Giddens Wilkes and James Wilkes, and three grandchildren.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby ex press their deepest and profoundest regrets at the passing of Honorable Wilson B. Wilkes, and extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit appropriate copies of this Resolution to Mrs. Wilkes and the other members of her family.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 556. By Mr. Hargrett of the 58th:
A RESOLUTION
Inviting the Honorable George Wallace to address the Georgia House of Representatives at a date and time convenient to him; and for other purposes.
WHEREAS, many citizens of the State of Georgia, and, in partic ular, many members of this Body, are in accord with the political philosophy of the Honorable George Wallace; and
WHEREAS, it would be an exciting and marvelous adventure for the members of this Body to hear and see the Honorable George Wallace in this chamber sometime within the next thirty days.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby invite the Honorable George Wallace to address this Body at a time convenient to him.
BE IT FURTHER RESOLVED that the Speaker of the House shall arrange with the Honorable George Wallace to have him come and address this Body.

MONDAY, JANUARY 19, 1970

329

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable George Wallace.

HR 557. By Messrs. Smith of the 43rd, Wilson of the 117th, Levitas of the 77th, Conger of the 68th, Felton of the 95th, Housley of the 117th, Brooks of the 17th, Ware of the 30th and many others:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 209 of the House of Representatives, relating to standing committees, be amended as follows:
By adding immediately following,
"23 State of Republic.",
the following:
"24 State Planning and Community Affairs."
By renumbering committees 24, 25, 26 and 27 as 25, 26, 27 and 28 respectively.

HR 558. By Mr. Hargrett of the 58th:
A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by adding after the following:
"6. Education.", the following: "7. Environmental Control Anti-pollution.", and by renumbering the remaining committees as 8 through 28.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Highways and referred to the Committee on Motor Vehicles:

330

JOURNAL OF THE HOUSE,

HB 1102, By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
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 that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

The following Resolution of the Senate was read and adopted:
SR 214. By Senator Smith of the 18th: A Resolution calling the Joint Session of the House of Representatives and Senate for the purpose of hearing an address by Mr. Ed Baker; and for other purposes.
Mr. Melton of the 32nd arose to a point of personal privilege and addressed the House.
The hour of 1:00 o'clock having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address by Mr. Ed Baker, was called to order by the President of the Senate.
SR 214, calling for the Joint Session, was read.
The President of the Senate, Lieutenant Governor George T. Smith, intro duced Mr. Ed Baker, apparently the second college student in history to deliver an address to a Joint Session of the Georgia General Assembly, who gave an address on the involvement of many of our students in State Government.
Senator Holloway of the 12th moved that the Joint Session be now dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Under the special and continuing order of business, HR 514-1028 was again taken up for consideration.

MONDAY, JANUARY 19, 1970

331

Mr. Murphy of the 19th asked unanimous consent that the House recon sider its action in adopting Article 2, Section 5, Paragraph II.

The consent was granted and the paragraph was reconsidered.

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend the Judiciary Committee House Substitute to HR No. 514-1028 as follows:
By striking Article 2, Section 5, Paragraph 11, in its entirety and inserting in lieu thereof a new Article 2, Section 5, Paragraph 11 to read as follows:
"(a) All Bills and all Resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within ten days, excluding Sundays, from the date any such bill or resolution is transmitted to him unless the General Assembly adjourns sine die or adjourns for more than forty days, excluding Sundays, prior to the expiration of said ten days. During the sessions of the General Assembly no Bill or Resolution shall be transmitted to the Governor after passage except upon request of the Governor or his designee or upon order of a majority of the members of the house wherein such Bill originated. During the interim between adjournment of the General Assembly and the reconvening of the General Assembly, in the event the General Assembly adjourns without adjourning sine die or adjourns for a period of forty days or less, excluding Sundays, no Bill or Resolu tion shall be transmitted to the Governor after passage except upon request of the Governor or his designee or upon order of a majority of the house wherein such Bill originated.
(b) In the case of such adjournment sine die, or adjournment for more than forty days, excluding Sundays, prior to the expira tion of said ten days from the date of passage of a Bill or Resolu tion, the same shall become law if approved or not vetoed by the Governor within thirty days, excluding Sundays, from the date of such adjournment.
(c) The Governor shall have the duty to transmit any Bill or Resolution vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within four days, excluding Sundays, from the date of veto if the General Assembly is in session and within forty days, excluding Sundays, from the date of adjournment sine die, or adjournment for more than forty days, excluding Sundays, of the General Assembly if adjourned prior to the expiration of said forty days.

332

JOURNAL OP THE HOUSE,

(d) Upon motion adopted by such house after receipt of such vetoed Bill or Resolution before adjournment, such Bill or Resolu
tion shall be immediately considered for the purpose of overriding the veto. The General Assembly may reconvene on the first Monday
following the fortieth day, excluding Sunday, after adjournment sine die, or adjournment for more than forty days, excluding Sunday, upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of con sidering any Bills and Resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die. If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the purpose of considering any Bills and Resolutions vetoed by the Governor and transmitted to the proper presiding officer after ad journment sine die or adjournment for more than forty days, excluding Sundays, such vetoed Bills and Resolutions shall be con sidered within the first ten days of the following session of the General Assembly upon a motion being adopted by the house in which the vetoed Bill or Resolution originated, and such Bill or Resolution shall be considered immediately for the purpose of over riding the veto.

(e) If two-thirds of the members elected to such house vote to override the veto of the Governor on any Bill or Resolution, the same shall be immediately transmitted to the other house wherein such Bill or Resolution shall be immediately considered for the purpose of overriding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other house, such Bill or Resolution shall become law. If either house shall fail to override the Governor's veto, neither house shall again consider such Bill or Resolution for the purpose of overriding such veto.

(f) The Governor may approve any appropriation and veto any other appropriation in the same Bill and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.
(g) The Governor shall not have the power to veto any pro posal by the General Assembly to provide a new Constitution or to amend this Constitution.

(h) The General Assembly shall provide by law for the determ ination of the effective date of any Bill or Resolution approved by the Governor or becoming law without his approval."

Article 2, Section 5, Paragraph 11, as amended, was adopted.

Mr. Nessmith of the 44th asked unanimous consent that the House re consider its action in adopting Article 1, Section 1 in order that he might present an amendment for consideration which would add a new Paragraph 27 thereto.

MONDAY, JANUARY 19, 1970

333

The consent was granted, and the paragraph was reconsidered.

The following amendment was read:

Mr. Nessmith of the 44th moves to amend the Judiciary Committee Sub stitute to HR No. 514-1028 as follows:
By adding a new paragraph at the end of Article 1, Section 1, to be designated Paragraph 27 and to read as follows:
"Paragraph 27. LOTTERIES. All lotteries and the sale of lottery tickets are hereby prohibited and this prohibition shall be enforced by penal laws."

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

Those voting in the affirmative were Messrs.

Black Blalock Bohannon Brantley, H. L. Bray Burruss Chandler Cole Collins, M. Colwell Cook
Crowe
Dailey
Davis, E. T.
Davis, W.
Dean, N.
Dickinson
Dorminy
Douglas
Edwards
Floyd, L. R.
Funk
Gary
Grahl
Gunter
Hadaway

Hargrett Harrington Harrison Henderson Hill, G. Howell Hutchinson Johnson Joiner Jordan Keen
Keyton
Knapp
Kreeger
Lane, W. J.
Lee, W. J. (Bill)
Lewis
Longino
Lowrey
Matthews, D. R.
Mauldin
Merritt
Moore
Mullinax
Nessmith
Northcutt

Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Potts Reaves Roach Rush
Russell
Salem
Shanahan
Sims
Smith, V. T.
Sweat
Toles
Wamble
Ware
Westlake
Whaley
Wilkerson
Wood

334

OURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams Alexander Barber Bell Bond Brown, B. D. Brown, C. Collins, S. Cooper Daugherty DeLong Dent Dixon Egan Ellis Evans Ezzard Farmei Farrar

Felton Gaynor Gei singer Hamilton Harris, J. R. Hawes Hood Horton Housley Hudson Jones, Herb Jones, M. Jordan, G. Lambert Lane, Dick Levitas Mason Maxwell McClatchey

Milford Morris Murphy Nash Odom Phillips, G. S. Pickard Poole Scarborough Sherman Simkins Simmons Sorrells Thomason Thompson, A. W. Thompson, R. Townsend Winkles Williams

Those not voting were Messrs.:

Anderson Atherton Ballard Barfield Battle Bennett Berry Bostick Bo wen Brantley, H. H. Brooks Buck
Busbee
Caldwell
Carnes
Gates
Clarke
Collier
Conger
Connell
Conner

Dean, J. E. Dodson Fallin Floyd, J. H. Gignilliat Graves Griffin Hale Harris, J. F. Harris, R. W. Higginbotham Hill, B. L.
Holder
Jones, C. M.
Knowles
Lee, W. S.
Leonard
Marcus
Matthews, C.
McCracken
McDaniell

Melton Miles Miller Moate Nunn Paris Phillips, W. R. Pinkston Rainey Ross Rowland Scarlett
Shepherd
Smith, J. R.
Snow
Vaughn
Wheeler, Bobby
Wheeler, J. A.
Wilson
Mr. Speaker

On the adoption of the amendment, the ayes were 76, nays 57.

The amendment was adopted.

MONDAY, JANUARY, 19, 1970

335

Article 1, Section 1, as amended, was adopted.

Article 1, as amended, was again adopted.

Mr. Hargrett of the 58th moved that HE 514-1028 and all substitutes and

amendments thereto 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.

Dickinson Evans Farmer Hargrett

Harrison Higginbotham Hill, G. Lewis

Salem Simmons ...... Whaley

Those voting in the negative were Messrs.

Adams Alexander Barber Battle Bell Black Blalock Bohannon Bond Bostick Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Cole Collins, S. Colwell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N.

DeLong Dent Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hamilton Harrington Harris, J. R. Hawes Henderson Hill, B. L. Hood Horton Housley Howell

Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G.
Jordan, H. S. Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey
Melton Merritt
Miles Milford Moore

336
Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R.

JOURNAL OF THE HOUSE,

Pinkston Poole Potts Rainey Reaves Roach Ross Rush Scarborough Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sorrells

Sweat Thomason 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 Atherton Ballard Barfield Bennett
Berry Bowen Brantley, H. H. Buck Caldwell Carnes Gates Chandler Clarke Collier Collins, M.

Conger Connell Dean, J. E. Dodson Pallin Ployd, J. H. Griffin Gunter Hadaway Hale Harris, J. F. Harris, R. W. Holder Keen Keyton Knowles

Lane, W. J. Lee, W. S. Leonard McCracken McDaniell Miller Moate Nunn Pickard Rowland Russell Scarlett Smith, J. R. Mr. Speaker

On the motion to table, the ayes were 11, nays 138.

The motion was lost.

Mr. Brooks of the 17th asked unanimous consent that Article 2, Section 6, Paragraph 4 be reconsidered in order that an amendment thereto could be
offered.

The consent was granted and the paragraph was reconsidered.

MONDAY, JANUARY 19, 1970

33T

The following amendment was read:

Mr. Brooks of the 17th moves to amend Committee Substitute to HR 514-1028 as follows:

By inserting1 two new paragraphs immediately following Paragraph: 4 of Section 6 of Article 2 -- said paragraphs to be numbered 4A and'. 4B and being as follows:

Paragraph 4A. Grants to Counties. There is hereby appropriated?
for the fiscal year beginning July 1, 1971, and for each fiscal year thereafter, as grants to counties, the amount of $4,817,013.03 to beallocated to each of the several counties as provided by an Act approved March 8, 1945 (Ga. Laws 1945, p. 316), and the amount of $4,500,000.00 to be distributed and disbursed by the State Treasurer based on information as to the total public road mileage furnished by the State Highway Department; this sum shall be distributed and dis bursed to the various counties of the State in the same proportioned' 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. The sums appropriated to counties hereunder shall be used for all activitiesincident to providing and maintaining an adequate system of public roads, streets, and sidewalks, including traffic control, bridges, and: appurtenances thereto. In the event of a merger of two or more counties, the resulting county shall receive all of the sums provided' herein for each of the counties so merged. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the' General Assembly enacts an appropriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.

"Paragraph 4B. Grants to Municipalities. There is hereby ap propriated for the fiscal year beginning July 1, 1971, and for each fiscal year thereafter, as grants to municipalities the sum of $9,325,000.00. Said sum shall be distributed by the State Treasurer as majr now or hereafter be provided by law, except that no municipality having a population of five hundred or more, according to the I960' or any future Federal Decennial Census, shall receive less than five ten-thousandths of the total sum appropriated herein; and, provided further that any municipality having a population of less than five hundred according to the 1960 or any future Federal Decennial Census shall receive such portion of the minimum herein established as its population proportionately bears to five hundred. The sums appropriated to municipalities hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets,and sidewalks, including traffic control, bridges, and appurtenances thereto. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the General Assembly enacts an ap propriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Gov ernor, said funds may be utilized for defense or relief purposes, on the Executive Order of the Governor.

338

JOURNAL; OF THE HOUSE,.

On the adoption of the amendment, the roll call was ordered ajnd; the vote was as follows:

Those voting in the affirmative were Messrs.

Black BlaloekBrantley, H. L. Brooks Collier Collins; M. 'Cofwell Conger Dailey Davis, E. T. Dickinson Dorminy Douglas Edwards Floyd, J. H. Punk Grahl Griffin

Gunter Hadaway Harrison Howell Hudson Keyton Lane, W. J; Lewis, Mauldiii Merritt Miles Milford Moore Mullinax Murphy Nessmith Pafford Paris

Parkery C. A. Parker, H;W; Phillips/ G. S. Phillips, L. L. Phillips, W. R. Potts Reaves Roach Ross Russell Salem Shanahan Simmons Wamble Whaley Wheeler, J. A.

Those voting in the negative were Messrs.;

Adams Alexander Atherton Barber Battle Bell Berry Bond Brantley, H. H. Bray Brown, B. D.
Brown, C. Burruss Busbee Gates Chandler Cole Collins, S. Cook Cooper Crowe Daugherty Davis, W. Dean, J. E. Dean, N. DeLong

Dent Egan Ellis Evans Ezzard Farmer Parrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Hamilton Hargrett Harrington Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley

Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Le vitas Longino Lowrey Marcus Mason Matthews, D. R. Maxwell McClatchey McDaniell Nash Northcutt Odom Peterson

MONDAY, JANUARY 19, 1970

339

Pickard Pinkston Poole Scarborough Shepherd Sherman Simkins

Sims Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles

Townsend Vaughn Westlake Wilkerson Winkles Wilson Wood

Those not voting were Messrs.:

Anderson Ballard Barfield Bennett Bohannon Bostick Bowen Buck Caldwell Carnes Clarke Connell Conner Dixon Dodson

Fallin Hale Harris, J. F. Harris, R. W. Holder Johnson Joiner Lee, W. S. Leonard Matthews, C. McCracken Melton Miller Moate Morris

Nunn Patterson Peters Rainey Rowland Rush Scarlett Smith, J. R. Snow Sweat Ware Wheeler, Bobby Williams Mr. Speaker

On the adoption of the amendment, the ayes were 52, nays 109.

The amendment was lost.

Mr. Connell of the 79th requested that the Journal record him as voting "nay" on the Brooks amendment.

Paragraph 4 of Section 6, Article 2 was adopted.

Section 6, as amended, was adopted. Article 2, as amended, was adopted.

Article 3 was taken up for consideration and the following amendment, offered by Messrs. Gunter and Moore of the 6th, was read:

340

JOURNAL OF THE HOUSE,

Messrs. Gunter and Moore of the 6th moves to amend the Judiciary Committee Substitute to HR 514-1028 as follows:
By striking Article 3, relating to the Judicial Branch, in its entirety and inserting in lieu thereof a new Article 3, to read as follows:
"ARTICLE 3

SECTION 1

COURTS
Paragraph 1. Courts Enumerated. The judicial power of the State shall be vested exclusively in a unified judicial system which shall consist of one Court of Appeals, Superior Courts, and Ordi nary Courts together with other existing courts until such other existing courts are abolished by the legislature. When any court is so abolished its jurisdiction and powers shall vest in the Superior Court or other existing court of the circuit wherein it was located, as may be provided by law. The General Assembly may provide for courts having jurisdiction to commit for State offenses and to try violations of municipal ordinances only.

"SECTION 2

THE COURT OF APPEALS

Paragraph 1. Jurisdiction. Georgia shall have one Appellate Court to be known as the Court of Appeals. It shall have no original jurisdiction and its function shall be the trial and cor rection of errors of law in all cases upon appeal from the Superior Courts and other courts having county-wide jurisdiction over civil and criminal matters. All the powers of the Court of Appeals are enumerated herein and it shall have no inherent powers.

POWERS
The Court of Appeals shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and shall have power to grant and issue supersedas at any time after notice of appeal is filed in the trial court. The decision of the Court of Appeals shall bind all other courts of the State as precedent.
POWERS

The Court of Appeals shall have the power to organize itself into divisions and panels and to provide rules for the assignment of cases to said divisions and panels in such manner as to facilitate the efficient and expeditious disposal of cases, provided, however, that no case shall be decided on appeal by a panel of less than

MONDAY, JANUARY 19, 1970

341

three. Decisions of the panels which are not unanimous shall be reviewed and decided by a full division of the court or by the entire court within discretion of the court.

MEMBERS
The Court of Appeals shall consist of 16 judges but the number of judges may be increased or decreased from time to time by the legislature upon a determination by the legislature that the work load of the court requires adjustment of the number of judges.
Within SO days after each general election the judges shall,, by secret ballot, elect one of their members to be Chief Judge. Said Chief Judge shall be the Administrative head of the Court, of Appeals.

DUTIES
All cases brought to the Court of Appeals shall be decided upon the merits of the case.
No case shall be dismissed for failure to comply with any rule of the court but such failure, when shown to be due to> gross negligence or to willful neglect, shall be grounds for con tempt only.

TENURE
The judges of the Court of Appeals shall be elected for terms; of six years and until their successors are elected and qualified. At the general election following the expiration of three years; from the date of his appointment, and every six years thereafter, so long as he retains his office every Judge of the Court of Ap peals who is unopposed for re-election, shall be subject to approval or rejection by the electorate of the entire State under procedure; prescribed by the legislature.

VACANCIES
The Governor shall fill by appointment all vacancies on the? Court of Appeals.

"SECTION 3
SUPERIOR COURTS
Paragraph 1. Composition. There shall be such number of ju dicial circuits with such number of Superior Court Judges therein^ as may be prescribed by the General Assembly from time to time.

342

JOURNAL OF THE HOUSE,

Paragraph 2. Tenure, Election, and Terms of Judges of the Superior Courts.

(a) Tenure. Judges of the Superior Court shall hold office for a term of four years and until their successors are elected and qualified.

(b) Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms.

(c) Terms. The terms of the Judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections.

Paragraph 3. Exclusive Jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce and alimony, in criminal cases where the accused is charged with a felony, in cases respecting title to land; and in equity cases.

Paragraph 4. General Jurisdiction. The Superior Courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in in ferior judicatories by writ of certiorari or as otherwise provided by this Constitution or by law. The Superior Courts shall have au thority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. The Judges of said Court may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not re quired, or may be waived.

Paragraph 4. Vacancies. The Governor shall fill by appoint ment each vacancy in the office of Judge of the Superior Court. The person appointed shall hold office until the first day of January next following the election and qualification of his successor. At the next regular general election held more than thirty days from the time such vacancy occurs, a successor for the unexpired term shall be elected.

"SECTION 4
COURTS OF ORDINARY
Paragraph 1. Courts of Ordinary. There shall be a Court of Ordinary in each county, the power of which shall be vested in a Judge of the Court of Ordinary whose qualifications shall be pre-

MONDAY, JANUARY 19, 1970

343

scribed by law. The Ordinaries of the several counties shall serve as the Judges of the respective Courts of Ordinary until the general election following the effective date of this Constitution.

Paragraph 2. Jurisdiction. The Courts of Ordinary shall have jurisdiction of probate matters, and such other jurisdiction and powers as may be conferred upon them by law.

Paragraph 3. Term of Office. The Judge of the Court of Or dinary shall hold office for the term of four years and until his successor is elected and qualified.

Paragraph 4. Duties and Responsibilities. The Judges of the several Courts of Ordinary shall perform all the duties and respon sibilities of the Ordinaries of the respective counties as may be provided by law at the time of the effective date of this Constitution until otherwise provided by law. Said Judges of the several Courts. of Ordinary may delegate all duties and responsibilities of the Or dinary as so provided by law, except such matters as may be specifically provided by the several Courts of Ordinary, to a clerk of the Court of Ordinary by proper order entered upon the minutes of said Court.

Paragraph 5. Eligibility. Eligibility and qualifications for Judges of the Courts of Ordinary shall be such as is provided by law.

Paragraph 6. Vacancies. Vacancies in the Office of Judge of Court of Ordinary shall be filled as provided by law.

Paragraph 7. The General Assembly may provide that the office and duties of the Ordinary and the office and duties of the Clerk of Court in any county may be combined into one office and the office holder shall be known as Judge of Probate and the Court shall be known as the Probate Court.

"SECTION 5
QUALIFICATIONS OF JUDGES
Paragraph 1. Age, Citizenship, Practice of Law. No personshall be a Judge of Court of Appeals, or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which he was elected or appointed he shall be at least thirty yeara and not more than seventy years, of age; shall have been a citizen of and practiced law in the State of Georgia for seven years next preceding his election and shall be a member in good standing of the State Bar of Georgia, and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for one year next preceding his election or appointment.

344

JOURNAL OF THE HOUSE,

"SECTION 6

COMPENSATION OF JUSTICES OF THE SUPERIOR COURT, JUDGES OF THE COURT OF APPEALS, JUDGES OF THE SUPERIOR COURTS, AND JUDGES OF
COURTS OF ORDINARY

Paragraph 1. Salary. The compensation of Justices of the Supreme Court and Judges of the Court of Appeals and Superior Courts shall be fixed by statute and shall not be diminished during the term for which the Justice or Judge was appointed or elected. Compensation of Judges of the Courts of Ordinary shall be as the General Assembly may provide. Compensation for Ordinaries for the several counties of this State provided by law at the time of the ratification of this Constitution shall be the compensation of the several Judges of the Courts of Ordnary in each county re spectively until changed by law.

Paragraph 2. Retirement.

(a) The General Assembly may provide by law for the retire ment including compulsory retirement, of Justices of the Supreme
Court, Judges of the Court of Appeals, Judges of the Superior Courts, and Judges of the Courts of Ordinary.

(b) Judges of the Courts of Ordinary shall be eligible for membership and participation in the Ordinaries' Retirement Fund
of Georgia heretofore provided for Ordinaries and their widows and as may hereafter be provided by law. Provided, however, that
Probate Judges may choose membership in either the Ordinaries' or the Clerks' retirement plan but may not participate in both.

Paragraph 3. Assignment of Judges. The Chief Judge of the Court of Appeals shall have the power in the manner provided by law to assign any Justice or Judge including retirement and emeri tus Justices or Judges, of the State to sit temporarily, but not for periods in excess of two years within any four-year period, in any State Court when any Justice or Judge thereof is disqualified or incapacitated and in any other case where the Court of Appeals deems such assignment necessary to aid the prompt disposition of judicial business.

"SECTION 7
VENUE AND JURY TRIAL
Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed ex cept in cases where the Judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be provided by law; provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished,

MONDAY, JANUARY 19, 1970

345

the venue for the trial of criminal cases where the county of com mission cannot be ascertained or where the crime was committed in two or more counties shall be as may be prescribed by law.

Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the county where the defendant resides unless otherwise provided by law.

Paragraph 3. Jury Trial. The right of trial by jury in suits at common law, and to the extent conferred by statute, from time to time, shall remain inviolate, but the General Assembly may pre scribe any number, not less than five, to constitute a trial jury,
except in the Superior Courts, where there shall be twelve, unless otherwise agreed by the parties. The General Assembly may also provide by law for alternate jurors. The Court shall render judg ment without the verdict of a jury in all civil cases where no issuable defense is filed within the time required by law, subject to the right of the trial judge to require the verdict of a jury in determining the amount of damages in cases involving unliquidated damages.

"SECTION 11
DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT
Paragraph 1. Discipline, Removal and Involuntary Retirement. The General Assembly shall provide by law the procedure and meth od for the discipline, removal, and involuntary retirement of Judges of the Court of Appeals, Judges and Associate Judges of Superior Courts, Judges of the Courts of Ordinary, and Judges of any other Courts of this State. This Section is cumulative with the methods of removal elsewhere provided in this Constitution."

Amendments offered to the Gunter and Moore amendment by Messrs. Dorminy of the 48th and Pafford of the 64th, respectively, were read and withdrawn.

The following amendment to the Gunter and Moore amendment was read:
Mr. Henderson of the 117th moves to amend the Gunter amend ment to HR 514-1028 as follows:
By adding to Section 1, Paragraph 1 of Article 3 after the words "Ordinary Courts" the following: "and Justices of the peace," and by adding in Article 3 a new section to be designated as Section 12 to read as follows:
JUSTICES OF THE PEACE
Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term,

346

JOURNAL OF THE HOUSE,

except when elected to fill an unexpired term, shall he for four
years: Provided, however, that the General Assembly may in its discretion, abolish justice courts and the office of justice of the
peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem neces sary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exer cised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisidction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive juris diction under this Constitution; together with such provision as to rules and procedures in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or
Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any
court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Con stitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justices of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or sys tem of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Consti tution; together also with such provisions as to rules and pro cedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Ap peals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and out side the city limits of Atlanta either concurrently with, or supple mental to, or in lieu of justice courts as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia.

Paragraph II. Jurisdiction. Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law.

MONDAY, JANUARY 19, 1970

347

Paragraph III. Elections and commissions. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.

On the adoption of the amendment to the amendment, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Anderson Atherton Ballard Berry Blalock Bohannon Burruss Gates Cole Collins, M. Collins, S. Conger Connell Crowe Dean, N. Dickinson Dixon Evans Floyd, L. R.

Graves Griffin Hargrett Harris, J. F. Harris, R. W. Henderson Horton Housley Johnson Jones, C. M. Keen Keyton Kreeger Lane, Dick Lowrey Matthews, D. R. McDaniell Merritt Miles Milford

Paris Parker, H. W. Patterson Phillips, W. R. Potts Russell Scarlett Simmons Sims Smith, V. T.
Sweat Thompson, R. Toles Vaughn Wamble Whaley Wilkerson Winkles Wilson

Those voting in the negative were Messrs.

Alexander
Barber Battle Black Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Chandler Colwell Cook Cooper Dailey DeLong

Dent Dorminy Douglas Egan Fallin Farrar Felton Floyd, J. H. Gary Gaynor Geisinger Gignilliat Grahl Gunter Hamilton Harris, J. R. Harrison

Hawes Hill, B. L. Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Knapp Lambert Lane, W. J. Lewis Marcus Mason Matthews, C. Mauldin

348
Maxwell McClatchey Morris Mullinax Murphy Nash Nunn Pafford

JOURNAL OP THE HOUSE,

Phillips, G. S. Phillips, L. L. Pickard Poole Reaves Scarborough Shanahan Sherman

Thomason Thompson, A. W. Town send Wheeler, Bobby Wheeler, J. A. Williams
Wood

Those not voting were Messrs.:

Barfield Bell Bennett
Bostick Bowen Brooks Buck Caldwell Games Clarke Collier Conner Daugherty Davis, E. T. Davis, W.
Dean, J. E. Dodson Edwards Ellis Ezzard Farmer

Funk Hadaway Hale Harrington Higginbotham Hill, G. Holder
Hood, J. Howell Knowles Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino McCracken Melton Miller Moate Moore Nessmith

Northcutt Odom Parker, C. A. Peters Peterson Pinkston Rainey Roach Ross Rowland
Rush Salem Shepherd Simkins Smith, J. R. Snow Sorrells Ware Westlake Mr. Speaker

On the adoption of the amendment to the amendment, the ayes were 59, nays
74.

The amendment to the Gunter and Moore amendment was lost.

An amendment to the Gunter and Moore amendment, offered by Mr. Floyd of the 75th, was read and lost.

All amendments to the Gunter and Moore amendment having failed, con sideration of the Gunter and Moore amendment resumed.

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

MONDAY, JANUARY 19, 1970

349

Those voting in the affirmative were Messrs.

Adams Barber Collins, M. Collins, S. Davis, W. Dickinson Dixon Evans Geisinger Gunter

Jones, Herb Jordan, G. Keen Keyton Lewis Matthews, D. R. Mauldin Merritt Milford Moore

Mullinax Peterson Potts Rainey Russell Sweat Wamble Westlake Whaley

Those voting in the negative were Messrs.:

Alexander Anderson Atherton Ballard Battle Bell Bennett
Berry Black Bond Brantley, H. H. Brantley, H. L,
Bray Brown, B. D.
Brown, C. Burruss Busbee Gates Chandler Clarke Cole Colwell Conger Connell Cook Cooper Crowe Dailey Davis, E. T. Dean, J. E. Dean, N. DeLong Dent Dorminy Douglas TSgan Tallin Farrar Felton Floyd, J. H.

Gary Gaynor Gignilliat Grahl Graves Griffin Hadaway Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, B. L. Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, H. S. Knowles
Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Longino Lowrey Marcus Mason Maxwell McClatchey McDaniell Miles

Moate Morris Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pickard Poole Roach Ross Scarborough Shanahan Shepherd Shernian Simkins Simmons Sims Smith, V. T. Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

350

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Blalock Bohannon Bostick Bowen Brooks Buck Caldwell Carnes Collier Conner Daugherty Dodson Edwards Ellis Ezzard

Farmer Floyd, L. R. Funk Hale Harrington Harris, R. W. Henderson Hill, G. Holder Hood Knapp Lee, W. S. Leonard Le vitas Matthews, C. McCracken

Melton Miller Pafford Patterson Peters Pinkston Reaves Rowland Rush Salem Scarlett Smith, J. R. Snow Sorrells Ware Mr. Speaker

On the adoption of the amendment, the ayes were 29, nays 118.

The amendment was lost.

Amendments offered by Mr. Kreeger of the 117th and Floyd of the 75th, respectively, were read and withdrawn.

The amendments previously considered, which would have substituted the entire Committee substitute for Article 3, having failed, consideration of the Judiciary Committee substitute resumed.

The following paragraph was read:
ARTICLE 3
JUDICIAL BRANCH
SECTION 1
COURTS
Paragraph 1. Courts Enumerated. The judicial power of the State shall be vested exclusively in a unified judicial system which shall con sist of one Supreme Court, one Court of Appeals, Superior Courts, and Courts of Ordinary, together with other existing Courts until such other existing Courts are abolished as provided in Paragraph 2 hereof. How-

MONDAY, JANUARY 19, 1970

351

ever, the General Assembly may pr'ovide for Courts having jurisdiction

to commit for State offenses and to try violations of municipal ordi

nances .only.

':-

..,

The following.-Amendment was read:
Mr. Murphy of the 19th moves to amend the Committee substitute to HR 514-1028, Articles, Section 1, Paragraph 1:
By adding after "Courts of Ordinary" the words: "Justice of the Peace, Notary Public and ex officio Justice of the Peace."
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 Atherton Ballard Barber Bennett Berry Black Bohannon Bostick Brantley, H. L, Bray Brooks Burruss Carnes Chandler Cole Collins, S. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dixon Dorminy Edwards Evans Ployd, L. R. Grahl Graves

Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Hill, G. Holder Housley Hudson Hutchinson Johnson) Joiner Jordan, G. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lewis Longino Lowrey Mason Matthews, D. R. Mauldin McDaniell Merritt Miles Milford Moate

Moore Murphy Nash Nessmith Pafford Paris Parker, H. W. Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell Scarborough Scarlett Shanahan Simmons Smith, J. R. Smith, V. T. Sweat Thompson, R. Toles Vaughn Wamble Wheeler, Bobby Wilkerson Winkles Williams Wilson Wood

352

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Alexander Battle Bell Bond Brown, B. D. Brown, C. Buck Busbee Gates Cook Dent Douglas Pallin Gaynor

Geisinger Gignilliat Hamilton/ Harris, J. R. Hawes Hill, B. L. Horton Jones, Herb Jones, M. Lambert Marcus Matthews, C. Maxwell McClatchey

Morris Nunn Odom Pickard Pinkston Sherman Simkjns Sims Sorrells
Thomason Thompson, A. W. Town send

Those not voting were Messrs.:

Barfield Blalock Bowen Brantley, H. H. Caldwell Clarke Collier Collins, M. Cooper Dean, J. E. DeLong Dickinson
Dodson Egan Ellis Ezzard Farmer

Farrar Felton Floyd, J. H. Funk Gary
Hale Higginbotham Hood Howell Jones, C. M. Jordan, H. S. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas McCracken Melton

Miller Mullinax Northcutt Parker, C. A. Peters
Petersoni Rainey Rowland Salem Shepherd Snow Ware Westlake Whaley Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 105, nays 40.

The amendment was adopted.

Paragraph 1, as amended, was adopted.

The following paragraph was read:
Paragraph 2. Abolition of Existing Courts and Reorganization of Superior Courts and Courts of Ordinary. Other existing Courts, men-

MONDAY, JANUARY 19, 1970

353

tioned in Paragraph 1 hereof, shall be continued in existence until abolished by the General Assembly. The General Assembly may abolish any such other existing Court, and when so abolished, its jurisdiction and powers shall vest in an existing Court or in the Superior Court of the circuit wherein it was located, as may be provided by law. The General Assembly may, as need arises, provide for one or more Associate Judges of any Superior Court or Court of Ordinary. The Chief Judge of the respective Superior Courts or the Judge of the Courts of Ordinary shall exercise supervision over all such Associate Judges in their respec tive Courts and may by order establish divisions of their respective Courts, assign Associate Judges to preside in one or more of the divi sions and provide for the orderly and efficient disposition of the Court's business through the divisions. The qualifications of Associate Judges of the Superior Court and Courts of Ordinary, the manner of selection, retirement, removal, and term of office shall be the same as prescribed for Judges of such respective Courts. The compensation shall be that prescribed by general law, but such provisions as to compensation may be made without regard to uniformity.

An amendment, offered by Mr. Sweat of the 65th, was read and withdrawn.

The following amendment was read:
Mr. Gunter of the 6th moves to amend the Committee substitute to HR 514-1028 as follows:
By striking all the words of Paragraph 2, Section 1, Article 3 after the second sentence of said Paragraph 2 so as to eliminate all reference to Associate Judges.

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

Those voting in the affirmative were Messrs.:

Burruss Collins, M. Dickinson Gunter Holder Housley Keyton

Lewis Matthews, D. R. Mauldin Merritt Miles Moore Pickard

Russell Scarborough Wamble Whaley Wilson

Those voting in the negative were Messrs.:

Adams Alexander

Anderson Ballard

Barber Barfield

354

JOURNAL OF THE

,.;.. Battle . . - ........ : .' Bell .' : ... 1 .' ,' .....

,...: Bennett >.. Berry

'. Black

Bond

.

'.'... .. Brantley, H. H. ...

Brantley, H. L.

Bxay .

:. :

Brooks .

.

Brown, C.

,, Busbee . , .., r.Cates ....... . ......

Chandler , ,.

i : Clarke
Cole , Collier

, , ' . . ..

Collins, S. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dorminy

' DEdowugalradss -.,'-

Ellis Evans Fallin Felton Funk Gaynor

Geisin,ger ...,...

Gignilliat

;

. Grahl .

Graves . .. - . ,

Hamilton , ,

Harrington.

Harris,.J, F..

Harris, J. R.

HarrisQn,. .. .. ,

.Jjawes, .

Henderson.

Higginbotham

Hill, B. L. . . , . .

Horton

Hudson

Hutohinson

Joiner

Jones, Herb

Jones, M.

Jordan, H. S.

Kniowles

Kreeger

Lambert

Lane, Dick

Lane, W. J.-

Lee, W. J. (Bill)

Longino

Lowrey

Marcus

Mason

Matthews, C.

Maxwell

McClatchey

McDaniell

Milford

Morris

Murphy

Those not voting were Messrs. :

Atherton Blalock Bohannon Bostick Bowen Brown, B. D. Buck Caldwell Carnes Colwell Conner Cooper Crowe Dean, J. E.

Dixon Dodson Egan Ezzard Farmer Farrar Floyd, J. H. Floyd, L. R. Gary Griffin Hadaway Hale Hargrett Harris, R. W.

N.essmith; . .., .Nunn..,,, ,...f j, .Odom . .",.., . Paris-.,...-, '.. . Parker/C-.A, Patter son ,Peters. Phillips, G, S. Phillips, L. L. .Phillips, W.R. Pinkston .
PPoootltes. ,_'.:. .,,
Reaves , v .Roach ..-, Ross Rush Shanahan Shepherd Sherman Simkins /"' " Simmons Sims Smith,,.V. T. . Snow Sorrells Thomason Thompson, R. Toles Vaughn Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood
Hill, G. Hood Howell Johnson Jones, C. M. Jordan, G. Keen Knapp Lee, W. S. Leonard Levitas McCracken Melton Miller

Moate Mullinax Northcutt Pafford Parker, H. W. Peterson

MONDAY, JANUARY 19, 1970

355

Rainey Rowland Salem Scarlett Smith, J. R. Sweat

Thompson, A. W. Townsend Ware Westlake Mr. Speaker

On the adoption of the amendment, the ayes were 19, nays 117.

The amendment was lost.

Paragraph 2 was adopted.

Section 1, as amended, was adopted.

The following paragraph was read:
SECTION 2
THE SUPREME COURT
Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven Justices who shall, from time to time as they deem proper, elect one of their members as Chief Justice, and one as Presid ing Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum.

The following amendment was read:
Mr. Gunter of the 6th moves to amend the Judiciary Committee substitute to HR 514-1028 as follows:
By striking from Article 3, Section 2, paragraph 1, the following words:
"from time to time as they deem proper"
and by substituting in lieu thereof the following words:
"within 30 days after each general election by secret ballot"

356

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 Atherton Barber Battle Bell Bennett Black Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conner Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Ellis Parrar Floyd, L. R. Gary Gaynor Gei singer

Gignilliat Gunter Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Henderson Hill, B. L. Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, H. S. Keyton Kisapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lewis Longino Mason Matthews, D. R. Mauldin Maxwell McDaniell Merritt Miles Milford Moore

Morris Murphy Nessmith Northeutt Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Pinkston Poole Potts Reaves Roach Russell Shanahan Sherman Simkins Sims Smith, V. T. Sorrells Thompson, R. Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood

Those voting in the negative were Messrs.

Ballard Barfield Bond Brantley, H. H. Gates Conger Connell Daugherty Douglas

Edwards Egan Evans Pallin Felton Graves Hamilton Harrison Hawes

Knowles Lambert Lowrey Marcus Matthews, C. McClatchey Moate Nunn Odom

MONDAY, JANUARY 19, 1970

357

Phillips, W. R. Ross Simmons

Snow Thomason Toles

Winkles

Those not voting were Messrs.:

Alexander Berry Blalock Bohannan Bo stick
Bowen Brooks Brown, B. D. Caldwell Carnes Cook Cooper Crowe Dean, J. E. Dent Dixon Dodson Dorminy Ezzard Farmer

Floyd, J. H. Funk Grahl Griffin Hale Harris, R. W. Higginbotham Hill, G. Holder Hood Horton Howell Jones, C. M. Jordan, G. Keen Lee, W. S. Leonard Le vitas McCracken Melton

Miller Mullinax Nash Peterson Phillips, L. L. Pickard Rainey Rowland Rush Salem Scarborough Scarlett Shepherd Smith, J. R. Sweat Thompson, A. W. Townsend Ware Wilkerson Mr. Speaker

On the adoption of the amendment, the ayes were 101, nays 34.

The amendment was adopted.

Paragraph 1, as amended, was adopted.

The following sub-paragraph was read:
Paragraph 2. Jurisdiction.
(a) Original Jurisdiction. Except as herein provided, the Su preme Court shall have no original jurisdiction, but shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time after the notice of appeal if filed in the trial court. The Supreme Court shall have original and exclusive jurisdiction upon petition of at least three of the elected executive offi cers named in this Constitution to determine the disability of the Gov-

358

JOURNAL OF THE HOUSE,

ernor or other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability.

An amendment, offered by Mr. Gunter of the 6th, was read and lost.

Sub-paragraph (a) was adopted.

The following sub-paragraph was read:
(b) Appellate Jurisdiction. The Supreme Court shall have exclu sive jurisdiction of appeals from the Superior Courts and such other Courts as were heretofore authorized by law in cases that involve the construction of the Constitution of the State of Georgia, or of the United States, or of treaties between the United States and foreign govern ments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; in all cases of conviction of a capital felony; and until otherwise provided by law: (1) in all cases respecting title to land; (2) in all equity cases; (3) in all cases which involve the validity of, or the construction of wills; (4) in all habeas corpus cases; (5) in all cases involving extraordinary remedies; and (6) in all questions certified to it by the Court of Appeals for its determination. The Supreme Court shall have power to require any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The decisions of the Supreme Court shall bind all other Courts of this State as precedent.

The following amendment was read and adopted:
Mr. Felton of the 95th District moves to amend Judiciary Commit tee substitute for HR No. 514-1028 by adding the following sentence to
Article 3, Section 2, Paragraph 2(b), Line 8 on Page 26:
"Notwithstanding any other provision in this Constitution the Supreme Court shall have the discretionary power to order a new trial in order to prevent manifest injustice."

Subparagraph 2 (b), as amended, was adopted.

Paragraph 2, as amended, was adopted.

MONDAY, JANUARY 19, 1970

359

The following paragraph was read:

>

Paragraph 3. Practice of Law. The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar, standards of professional conduct, and the dis cipline of members of the bar including the power to review determina tions relating to the discipline of members of the bar.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend the Committee substitute to HR 514-1028 as follows:
By striking Paragraph 3 of Section 2 of Article 3 in its entirety.

Section 2, as amended, was adopted.

The following paragraph was read:

SECTION 3

.. , .

THE COURT OF APPEALS

Paragraph 1. Judges of the Court of Appeals. The Court of Appeals shall consist of such number of Judges as may now or hereafter be pro vided by law. The Court may from time to time elect one of its members as Chief Judge and such number of Presiding Judges as may be pre scribed by its rules. The Court may adopt such rules of practice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court.

The following amendment was read and adopted:
Mr. Gunter of the 6th moves to amend the Judiciary Committee substitute to HR 514-1028 as follows:
By striking from Article 3, Section 3, Paragraph 1, all of the words after the first sentence and by substituting in lieu thereof the following:
"The court shall within 30 days after each general election by secret ballot elect one of its members as chief judge and such num ber of presiding judges as may be prescribed by its rules."

Paragraph 1, as amended, was adopted.

360

JOURNAL OF THE HOUSE,

The following Sub-paragraph was read and adopted:

Paragraph 2. Jurisdiction.

(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time after the notice of appeal is filed in the trial Court.

The following sub-paragraph was read:
(b) Appellate Jurisdiction. The Court of Appeals, in all cases in which such jurisdiction has not been conferred by the Constitution upon the Supreme Court, shall have jurisdiction of appeals from the Superior Courts and other existing Courts, as may be provided by law.

The following amendment was read and adopted:
Mr. Pelton of the 95th District moves to amend Judiciary Com mittee substitute for HR No. 514-1028 by adding the following sentence to Article 3, Section 3, Paragraph 2(b), Line 3, Page 27:
"Notwithstanding any other provision in this Constitution the Court of Appeals shall have the discretionary power to order a new trial in order to prevent manifest injustice."

Sub-paragraph (b) was adopted, as amended.

The following sub-paragraph was read and adopted:
(c) Certifications to Supreme Court for Determination. The Court of Appeals may certify a question or questions to the Supreme Court for answer or determination and shall do so in the event of an equal division between the Judges of the Court of Appeals.

Paragraph 2, as amended, was adopted.

Section 3, as amended, was adopted.

The following Paragraphs were read and adopted:

MONDAY, JANUARY 19, 1970

361

SUPERIOR COURTS

Paragraph 1. Composition. There shall be such number of judicial circuits with such number of Superior Court Judges therein as may be prescribed by the General Assembly from time to time.

Paragraph 2. Tenure, Election, and Terms of Judges of the Su perior Courts.

(a) Tenure. Judges of the Superior Court shall hold office for a term of four years and until their successors are elected and qualified.
(b) Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms.
(c) Terms. The terms of the Judges, except in the case of an ap pointment to fill a vacancy, shall begin on the first day of January after their elections.

Paragraph 3. Exclusive Jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases.
Paragraph 4. General Jurisdiction. The Superior Courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by this Constitution or by law. The Superior Courts shall have authority to issue such writs as may be deemed necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. The Judges of said Courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine by interlocutory or final judgment, any matter or issue, where a jury verdict is not required or may be waived.

The following amendment was read and adopted:
Mr. Felton of the 95th District moves to amend Judiciary Com mittee substitute for HR No. 514-1028 by adding a new paragraph to Article 3, Section 4, to read as follows:
"Paragraph 5. Grant of New Trial. Whenever a Judge of the Superior Court enters an order granting a motion for new trial, such Judge shall specify in the order the ground or grounds upon which the grant of such motion is made."

Section 4, as amended, was adopted.

362

JOURNAL OF THE HOUSE,

The following paragraph was read:

SECTION 5

COURT OF ORDINARY

Paragraph 1. Courts of Ordinary. There shall be a Court of Or dinary in each county, the power of which shall be vested in a Judge of the Court of Ordinary whose qualifications shall be prescribed by law. The Ordinaries of the several counties shall serve as the Judges of the respective Courts of Ordinary until the general election following the effective date of this Constitution.

In order to consider an amendment to Paragraphs 1 and 2, the following paragraph was read:
Paragraph 2. Jurisdiction. The Courts of Ordinary shall have juris diction of probate matters, and such other jurisdiction and powers as may be conferred upon them by law.

The following amendment was read and adopted:
Mr. Lambert of the 25th moves to amend Committee substitute to HR 514-1028 as follows:
By striking Paragraphs 1 and 2 of Section 5 of Article 3 and insert ing in lieu thereof new Paragraphs 1 and 2 to read as follows:
"Paragraph 1. Composition. There shall be a Court of Or dinary for each county. Except as hereinafter specifically provided, the Judges of the Courts of Ordinary shall be provided by general law.
"Paragraph 2. Jurisdiction. Courts of Ordinary shall have jurisdiction of matters of probate; jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937 and other traffic laws, in all counties in which there is no city or county court, as may be from time to time provided by law; and such other jurisdiction and powers as may be from time to time regulated by law; together with the power to issue all warrants, orders and writs necessary or appropriate in the aid of their jurisdiction and in the operation of their courts."

Paragraphs 1 and 2, as amended, were adopted.

MONDAY, JANUARY 19, 1970

363

The following paragraphs were read and adopted:

Paragraph 3. Term of Office. The Judge of the Court of Ordinary shall hold office for the term of four years and until his successor is elected and qualified.

Paragraph 4. Duties and Responsibilities. The Judges of the several Courts of Ordinary shall perform all the duties and responsibilities of the Ordinaries of the respective counties as may be provided by law at the time of the effective date of this Constitution until otherwise pro vided by law. Said Judges of the several Courts of Ordinary may dele gate all duties and responsibilities of the Ordinary as so provided by law, except such matters as may be specifically provided for the several Courts of Ordinary, to a clerk of the Court of Ordinary by proper order entered upon the minutes of said Court.

Paragraph 5. Eligibility. Eligibility and qualifications for judges of the Courts of Ordinary shall be such as is provided by law.

Paragraph 6. Vacancies. Vacancies in the Office of Judge of Court of Ordinary shall be filled as provided by law.

The following amendment was read:
Mr. Gunter of the 6th moves to amend the Judiciary Committee substitute to HR 514-1028 as follows:
By adding to Article 3 Section 5, a new paragraph as follows:
Paragraph 7. The General Assembly may provide that the of fice and duties of the Ordinary and the office and duties of the Clerk of the Superior Court in any county may be combined into one office and the office holder shall be known as Judge of Probate and the court shall be known as the Probate Court.

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 Bell Bostick Brown, C. Burruss Carnes Chandler Clarke

Collins, M. Conger Cooper Dickinson Dorminy Egan Gary Griffin

Gunter Hadaway Harrington Harris, J. R. Henderson Housley Hutchinson Jones, Herb

364
Keyton Kreeger Lambert Lee, W. J. (Bill) Mauldin Merritt Miles Morris

JOURNAL OF THE HOUSE,

Murphy Pafford Parker, C. A. Rainey Reaves Russell Sherman Sims

Smith, V. T. Townsend Wamble Whaley Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander
Barber Barfield Battle Bennett Black Bohannon Bond Brantley, H. H. Brown, B. D. Cole Collins, S. Colwell Connell Crowe Dailey Daugherty Davis, W. Dean, J. E. Dent Douglas Edwards Evans Ezzard

Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Graves Hamilton Harris, J. F. Harrison Hawes Hill, B. L. Horton Hudson Joiner Jones, C. M. Jordan, G. Knowles
Lewis Lowrey Marcus Milford

Moate Moore Mullinax Nunn
Paris Parker, H. W. Patterson Peters Phillips, W. R. Pinkston Poole Potts Roach
Ross Simmons Snow Sorrells Thomason
Toles Ware Wheeler, Bobby Wheeler, J. A. Wilkerson

Those not voting were Messrs.:

Adams Atherton Ballard Berry Blalock Bo wen Brantley, H. L. Bray Brooks Buck Busbee Caldwell Cates Collier

Conner Cook Davis, E. T. Dean, N. DeLong Dixon Dodson Ellis Fallin Farmer Funk Grahl Hale Hargrett

Harris, R. W. Higginbotham Hill, G. Holder Hood Howell Johnson Jones, M. Jordan Keen Knapp Lane, Dick Lane, W. J. Lee, W. S.

Leonard Levitas Longino Mason Matthews, C. Matthews, D. R. Maxwell McClatchey
McCracken McDaniell Melton Miller

MONDAY, JANUARY 19, 1970

365

Nash Nessmith Northcutt Odom Peterson Phillips, G. S. Phillips, L. L. Pickard
Rowland Rush Salem Scarborough

Scarlett Shanahan Shepherd Simians Smith, J. R. Sweat Thompson, A. W. Thompson, R.
Vaughn Westlake Winkles Mr. Speaker

On the adoption of the amendment, the ayes were 47, nays 70.

The amendment was lost.

Mr. Busbee of the 61st requested the Journal record his vote as "aye" on the adoption of the amendment.

Section 5, as amended, was adopted.

The following amendment was read and adopted:
Mr. Henderson of the 117th moves to amend the Judiciary Com mittee substitute to HR 514-1028 as follows:
By adding in said Article 3 a new Section to be designated Section 5-A, to read as follows:
JUSTICES OF THE PEACE
Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discre tion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution;

366

JOURNAL OF THE HOUSE,

together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justices of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public exofficio justices of the peace; together with such additional jurisdic tion, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Ap peals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and out side the City limits of Atlanta either concurrently with, or supple mental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia.
Paragraph II. Jurisdiction. Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law.
Paragraph III. Elections and commissions. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.

The following paragraph was read:
SECTION 6
QUALIFICATIONS OF JUSTICES AND JUDGES
Paragraph 1. Age, Citizenship, Practice of Law. No person shall be a Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Courts, unless at the time of the beginning of the

MONDAY, JANUARY IS, 1970

367

term of office to which he was elected or appointed he shall be at least thirty years and not more than seventy years, of age; shall have been a citizen of and practiced law in the State of Georgia for seven years ; and shall be a member in good ^standing df the State Bar of Georgia, and any, Judge of the Superior' Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for one year next preceding his ejection or appointment.

The following amendment was read and adopted:

>,

Mr. Gunter of the 6th moves to-amend the Committee substitute to HR 514-1028 as follows:

By inserting the words "next preceding his election" after the words "for seven years", in Line 7, of Paragraph 1 of Section 6 of Article 3.

Paragraph 1, as amended, was adopted.

Section 6, as amended, was adopted. Section 7 was read.

An amendment, offered by Mr. Gunter of the 6th, was read.

The following amendment was read:
Mr. Murphy of the 19th moves to amend the Judiciary Committee substitute to H. R. 514-1028 as follows:
By striking Article 3, Section 7, relating to selection and tenure of Justices of the Supreme Court, Judges of the Court of Appeals, and vacancies on the Supreme Court, Court of Appeals, and Superior Courts, and substituting in lieu thereof a new Article 3, Section 7, to read as follows:
"ARTICLE 3
SECTION 7
SELECTION AND TENURE OF JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND VA CANCIES ON THE SUPREME COURT, COURT OF APPEALS, AND SUPERIOR COURTS.
Paragraph 1. Election and Tenure of Justices of the Supreme Court and Judges of the Court of Appeals. Justices of the Supreme

368

JOURNAL OF THE HOUSE,

Court and Judges of the Court of Appeals shall hold office for six years and until their successors are elected and qualified. They shall be elected by the electors of the entire State entitled to vote for members of the General Assembly at the general election next preceding the expiration of their respective terms.

Paragraph 2. Vacancies on the Supreme Court, Court of Ap peals and Superior Courts. The Governor shall fill by appointment
each vacancy in the office of Justice of the Supreme Court, Judge of the Court of Appeals, and Judge and Associate Judge of the Superior Court. The person appointed shall hold office until the first day of January next following the election and qualification of his suc cessor. At the next regular general election held more than thirty days from the time such vacancy occurs, a successor for the unexpired term shall be elected."

The following amendment to the Murphy amendment, offered by Mr. Floyd of the 75th, was read:
Mr. Floyd of the 75th moves to amend the Murphy amendment to the Committee substitute to HR 514-1028 as follows:
By deleting Paragraph 2 of Section 7 of Article 3 and substituting in lieu thereof the following:
"Paragraph 2. Whenever a vacancy shall occur in the office of any judge of the superior courts of this State, the Governor shall issue, within 10 days after the occurrence of such vacancy, a writ of election to the ordinary of each county involved in a special election to fill such vacancy, which election shall be held on a date named in the writ, which shall not be less than 30 days and not more than 45 days after its issuance. If the vacancy occurs within 90 days of the expiration of the term of office, the Governor shall appoint a qualified person to serve for the unexpired term."

On the adoption of the amendment to the Murphy amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Battle Bell Black Bohannon Bostick Brantley, H. H.

Brooks, G. Brown, C. Busbee Carnes Clarke Collier Collins, M. Collins, S. Colwell

Cooper Crowe Dailey Davis, W. DeLong Dent Dickinson Dixon Egan

Ellis Evans Folyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Graves Gunter Harrington Harris, J. R. Henderson Higginbotham Hill, G. Holder Housley Hudson Johnson Joiner

MONDAY, JANUARY 19, 1970

369

Jones, Herb Jordan, G. Jordan, H. S. Keen Lane, Dick Lewis Matthews, D. R. Maxwell McDaniell Merritt Milford Moore Morris Mullinax Northcutt Pafford Peters Peterson Phillips, L. L.

Phillips, W. R. Poole Rainey Reaves Sherman Simkins Simmons Sims Smith, V. T. Sorrells Sweat Thomason Toles Ware Westlake Wheeler, Bobby Wilson

Those voting in the negative were Messrs:

Alexander Atherton Bond Brantley, H. L. Bray Brown, B. D. Burruss Caldwell Cole Conger Daugherty Dean, J. E. Donniny Douglas Edwards Ezzard Fallin Felton

Hadaway Hamilton Harris, J. F. Harrison Hawes Horton Howell Hutchinson Jones, C. M. Keyton Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Le vitas Lowrey

Marcus Matthews, C. Mauldin Miles Murphy Nessmith Paris Parker, H. W. Patterson Pinkston Potts Russell Scarborough Snow Wamble Whaley Williams

Those not voting were Messrs.:

Barber Barfield Bennett Berry Blalock Bowen Buck Gates Chandler

Connell Conner Cook Davis, E. T. Dean, N. Dodson Farmer Farrar Funk

Gary

Grahl

Griffin

Hale

Hargrett

Harris, R. W.

Hill, B. L,

Hood

!

Jones, M.

370
Knapp Lee, W. S. Leonard Longino Mason McClatchey McCracken Melton Miller , Moate Nash Nunn

JOURNAL OF THE HOUSE,

Odom :''
Parker, C. A. Phillips, G. S. Pickard Roach ,..:
Ross Rowland Rush : Salem l; Scarlett Shanahan Shepherd

Smith, J. R. Thompson, A. W. Thompson, R. Townsend Vaughn Wheeler, J. A. Wilkerson* <. Winkles Wood Mr. Speaker . .

On the adoption of the amendment to the amendment, the ayes were 82, nays 52.

The amendment to the Murphy amendment was adopted.

On the adoption of the Murphy amendment, 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 Black Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Caldwell Carnes Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger

Crowe Dailey Daugherty Davis, W. Dean, J. E DeLong Dent Dickinson Dixon Dorminy Edwards Evans Fallin Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. F Harrison Henderson

Higginbothair Hill, G. Holder Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Longino Lowrey Matthews, D. B. Mauldin Maxwell

McDaniell Merritt Milford Moore Mullinax Nessmith Northcutt Pafford Paris Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R.

MONDAY, JANUARY 19, 1970

371

Pinkston Poole Potts Rainey Reaves Roach Russell Scarborough Shepherd Sherman Simkins Simmons Smith, V. T. Sorrells

Sweat Thomason Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson

Those voting in the negative were Messrs.:

Cooper Douglas Egan Ellis Gaynor

Harris, J. R. Hawes Jordan, H. S. Lambert Marcus

Matthews, Miles Murphy Sims Snow

Those not voting were Messrs.:

Alexander Barfield Bennett Berry Blalock Bohannon Bowen Brooks Buck Busbee Gates Connell Conner Cook Davis, E. T. Dean, N. Dodson Ezzard Farmer Farrar Felton

Funk Gary Grahl Hale Hamilton Harris, R. W Hill, B. L. Hood
Jones, M. Knapp
Lee, W. S. Leonard Mason McClatchey McCracken Melton Miller Moate Morris Nash Nunn

Odom Parker, C. A. Peters Phillips, G. S. Pickard Ross Rowland Rush Salem Scarlett Shanahan Smith, J. R. Thompson, A. W. Thompson, R. Town send Vaughn Winkles Wood Mr. Speaker

On the adoption of the amendment, as amended, the ayes were 118, nays 15.

The amendment, as amended, was adopted.

372

JOURNAL OF THE HOUSE,

Mr. Nunn of the 41st requested the Journal record his vote as "nay" oh the .Floyd and Murphy amendments.

The Gunter amendment to Section 7 was withdrawn by unanimous consent.

Section 7, as amended, was adopted.

The following paragraph was read:
SECTION 8
COMPENSATION OF JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, JUDGES OF THE SUPERIOR COURTS, AND JUDGES OF COURTS OF ORDINARY
Paragraph 1. Salary. The compensation of Justices of the Su preme Court and Judges of the Court of Appeals and Superior Courts shall be fixed by statute and shall not be increased or diminished during the term for which the Justice or Judge was appointed or elected. Compensation of Judges of the Courts of Ordinary shall be as the General Assembly may provide. Compensation for Ordinaries for the several counties of this State provided by law at the time of the ratifi cation of this Constitution shall be the compensation of the several Judges of the Courts of Ordinary in each county respectively until changed by law.

The following amendment was read and adopted:
Mr. Murphy of the 19th, moves to amend the Judiciary Committee Substitute to HR 514-1028 as follows:
By striking from Article 3, Section 8, Paragraph 1, Line 3, the words "increased or"
Paragraph 1, as amended, was adopted.
The following sub-paragraph was read:
Paragraph 2. Retirement.
(a) The General Assembly may provide by law for the retirement, including compulsory retirement, of Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, and Judges of the Courts of Ordinary, and may provide survivors' benefits for their widows and other dependents.

MONDAY, JANUARY 19, 1970

37S

The following amendment was read and adopted:
Mr. Pafford of the 64th moves to amend the Judiciary Committee substitute to HR 514-1028 by adding a new sentence at the end of Article 3, Section 8, Paragraph 2A the following:
"Provided however, that no Justice of the Supreme Court, no Judge of the Appellate Court, no Judge of the Superior Court of the State of Georgia shall be eligible for appointment to the office of Judge Emeritus until he has attained 55 years of age, except in the case of permanent disablement.

Sub-section (a) was adopted, as amended.

The following sub-section was read:

(b) Judges of the Courts of Ordinary shall be eligible for member ship and participation in the Ordinaries' Retirement Fund of Georgia heretofore provided for Ordinaries and their widows and as may here after be provided by law.

An amendment, offered by Mr. Gunter of the 6th, was read and lost.

The sub-section was adopted.

Paragraph 2, as amended, was adopted.

Section 8, as amended, was adopted.

The following paragraphs were read:
SECTION 9
JUDICIAL ADMINISTRATION
Paragraph 1. Administrator of Courts. The Supreme Court shall be the executive head of the judicial system and may appoint an ad ministrator of the Courts and such assistants as it deems necessary to aid the administration of the Courts of the State.
Paragraph 2. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any Justice or Judge including retired and emeritus Justices or Judges, of the State to sit temporarily in any State Court when any Justice or Judge thereof is disqualified or incapacitated and in any other case where the Supreme Court deems such assignment necessary to aid the prompt disposition of judicial business.

374

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Murphy of the 19th, moves to amend the Judiciary Committee substitute to HR 514-1028 as follows:

By striking Section 9 of Article 3 in its entirety and, renumbering the remaining sections accordingly.

The following paragraph was read:
SECTION 10
VENUE AND JURY TRIAL
Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the Judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be pro vided by law; provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be prescribed by law.

The following amendment was read:
Mr. Harris of the 77th moves to amend committee substitute to HR 514-1028 as follows:
By deleting from Paragraph 1 of Section 10 of Article 3 on page 33 beginning on line numbered 12 the words "provided, however, that venue shall not be changed in any case unless such change is requested by the defendant." and by changing the semi-colon at the end of the phrase "provided by law" in line 12 to a period.

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 Battle Bell
Brantley, H. H. Bray Brown, C.

Busbee Collier Crowe
Dean, J. E. Dean, N. Douglas

Egan Ellis Fallin
Farmer Felton Gaynor

Gignilliat Graves Hamilton Harris, J. R. Hawes Higginbotham Hill, G. Johnson Jones, Herb Jordan, G. Jordan, H. S. Knowles

MONDAY, JANUARY 19, 1970

375

Lambert Lee, W. J. (Bill) Le vitas Longino Lowrey Marcus Maxwell McDaniell Northcutt Nunn Peterson Phillips, W. R.

Scarborough Shepherd Sherman Simkins '
Snow Sorrells Thomason Toles Wheeler, Bobby Williams

Those voting in the negative were Messrs.:

Alexander Anderson Ballard Barber Black Bohannon Bostick Brantley, H. L. Brooks Burruss Chandler Cole Colwell Dailey Daugherty Davis, W. Edwards Gunter Hadaway

Harrington Harris, J. F. Harrison Henderson Hill, B. L. Holder Housley
Howell Hudson Hutchinson Joiner Jones, C. M. Keen Keyton Kreeger Lane, W. J. Lewis Matthews, C. Matthews, D. R.

Those not voting were Messrs.:

Atherton Barfield Bennett
Berry Blalock Bond Bowen Brown, B. D. Buck Caldwell Games Gates Clarke Collins, M. Collins, S.

Conger Connell Conner Cook Cooper Davis, E. T. DeLong Dent Dickinson Dixon Dodson Dorminy Evans Ezzard Farrar

Mauldin Miles Milford Moore Mullinax Murphy Nessmith Pafford Paris Parker, H. W. Patterson Poole Rainey Russell Smith, V. T. Whaley Wheeler, J. A. Wilson Wood
Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Grahl Griffin Hale Hargrett Harris, R. W. Hood Horton Jones, M. Knapp Lane, Dick

376
Lee, W. S. Leonard Mason McClatchey McCracken Melton Merritt Miller Moate Morris Nash Odom Parker, C. A. Peters

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts Reaves Roach Rosa Rowland Rush Salem Scarlett Shanahan
Simmons

Sims Smith, J. R. Sweat Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Ware Westlake Wilkerson Winkles Mr. Speaker

On the adoption of the amendment, the ayes were 52, nays 57.

The amendment was lost.

Paragraph 1 was adopted.

The following paragraphs were read and adopted:
Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the county where the defendant resides unless otherwise provided by law.
Paragraph 3. Jury Trial. The right of trial by jury in suits at common law, and to the extent conferred by statute, from time to time, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior Courts, where there shall be twelve, unless otherwise agreed by the parties. The General Assembly may also provide by law for al ternate jurors. The court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed within the time required by law, subject to the right of the trial judge to require the verdict of a jury in determining the amount of damages in cases involving unliquidated damages.
Section 10 was adopted.

The following paragraph was read and adopted:
SECTION 11
DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT
Paragraph 1. Discipline, Removal and Involuntary Retirement. The General Assembly shall provide by law the procedure and method

MONDAY, JANUARY 19, 1970

377

for the discipline, removal, and involuntary retirement of Justices of the Supreme Court, Judges of the Court of Appeals, Judges and Asso ciate Judges of Superior Courts, Judges of the Courts of Ordinary, and Judges of any other Courts of this State. This Section is cumula tive with the methods of removal elsewhere provided in this Constitu tion.

Section 11 was adopted.

An amendment, proposing a new section, offered by Mr. Felton of the 95th, was read and withdrawn by unanimous consent.

Article 3 was adopted, as amended.

Mr. Busbee of the 61st moved that the House do now adjourn until 12:30 o'clock, tomorrow afternoon, and the motion prevailed.

The Speaker announced the House adjourned until 12:30 o'clock, tomorrow afternoon, and HE 514-1028 was carried over as unfinished business.

378

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 20, 1970

The House met pursuant to adjournment at 12:30 o'clock, P.M., this day and was called to order by the Speaker.

The following prayer was offered by Dr. Grady Wilson, Associate Evange list, Billy Graham Evangelical Association, Charlotte, North Carolina:
Our Father and our God, we thank Thee for the access we have to Thy Throne of mercy and grace and help and strength in such an hour as this. Thou hast said in Thy Word, "If any man lack wisdom let him ask of God who giveth to all man liberally and upbraideth not and it shall be given him." We claim that promise today by faith -- for these men, and women who have the tremendous responsibility of state government and leadership of the people of this great and Sovereign State of Georgia we pray today with one accord give wisdom and guidance where it is so desperately needed and sought we ask for Jesus' sake and in the name of the Lord Jesus Christ --
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. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

TUESDAY, JANUARY 20, 1970

379

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1129. 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 creating the State Board of Pardons and Paroles, so as to authorize parole supervisors or parole officers to arrest any parolee or conditional release who has violated the terms and conditions of his parole or conditional release in a ma terial respect, with or without a warrant; and for other purposes.
Referred to the Committee on Judiciary.

HB 1130. By Mr. Melton of the 32nd:
A Bill to be entitled an act to authorize the governing authorities of the City of Griffin to impose an excise tax at the rate of $5,000 on each book, magazine, film, photograph or other object of obscene ma terial; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1131. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authorities of Spalding County to impose an excise tax at the rate of $5,000 on each book, magazine, film, photograph or other object of obscene material; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1132. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of the City of Griffin to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Associa tion of America; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1133. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of Spalding County to impose and collect an amusement tax on motion pic-

380

JOURNAL OF THE HOUSE,

tures, with a graduated rate assessed in accordance with the rating ap plied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1134. By Mr. Egan of the 116th:
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 State Board of Education to open up its student honors program to pupils of private high schools of this State; and for other purposes.
Referred to the Committee on Education.

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd, Maxwell of the 78th, Jones of the 59th, Melton of the 32nd, Moate of the 28th and others:
A Bill to be entitled an Act to amend Chapter 13-2 of Title 13 of the Code of Ga. known as the "Banking Law of Ga.", relating to the defini tion of terms and the regulation of banks, so as to redefine the terms "Branch Bank", "Bank Office", "Bank Facility", "Village", and to de fine the term "county"; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1136. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, so as to remove the provision placing a ceiling on the salary of employees of the Commission; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1137. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that each officer and employee of local organizations of the State Civil Defense Agency shall be entitled to join the Employees' Retirement System and to obtain prior service credit for all time spent as an officer or employee of any such local organization; and for other purposes.
Referred to the Committee on Retirement.

HB 1138. By Mr. Toles of the 9th:
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 up to $3,000 received as benefits under any Federal or State civil service, retirement or pension plan by persons who are 65 years of age or over; and for other purposes.
Referred to the Committee on Ways and Means.

TUESDAY, JANUARY 20, 1970

381

HB 1139. By Mr. Toles of the 9th:
A Bill to be entitled an Act to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; and for other purposes.
Referred to the Committee on State of Republic.

HB 1140. By Mr. Hill of the 94th:
A Bill to be entitled an Act to provide for the suspension of the duty to pay rent for dwellings certified to be unfit for human habitation by the county health departments in all counties having a population of not less than 170,000 nor more than 250,000; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1141. By Messrs. Carnes of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing the revenue and source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.
Referred to the Committee on Retirement.

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th, Parker of the 46th, Lane of the 44th, Floyd of the 7th, Dean of the 19th and others:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Di vision of the Department of Public Safety; and for other purposes.
Referred to the Committee on Retirement.

HR 560-1142. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.
Referred to the Committee on Industry.

382

JOURNAL OF THE HOUSE,

HB 1143. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend the Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale without the necessity for advertisement and bids; and for other purposes.
Referred to the Committee on Industry.

HB 1144. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend the Act known as the "Urban Re development Law", so as to provide that the acquisition, planning, pre paration for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances -, and for other purposes.
Referred to the Committee on Industry.

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to provide that standards for certain factory built housing prototypes, subsystems, materials and components certi fied as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, housing prototypes, subsystems, materials, and components for any county or municipality of this State; and for other purposes.
Referred to the Committee on Industry.

HB 1146. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating the State Building Administrative Board so as to provide that said Board shall be a budget unit of the executive branch of State Government; and for other pur poses.
Referred to the Committee on Industry.
HB 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A bill to be entitled an Act to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development

TUESDAY; JANUARY :2Q, 197.0

383

... .........of housing^-and in connection therewith; to authorize said Commissions to assist political subdivisions in the development of certain,agreements paunrdpopsreo'sv.-i'de .ce-rtai-n te,c h. nic-a.l.a-,ssistance to public bodies; and for other

.Referred to the Committee n Industry.,

.

: . .. ; .

HR 561-1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Pelton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to ,-.:;. authorize the General :Assembly'to provide by law that any county,
: municipality or: ho using* authority may acquire and dispose of open ..;:,.;'.-:.: land in undeveloped .areas, in connection with slum clearance and re.,..,. development work; and for other purposes.
Referred to the Committee on Industry.

HR 562-1147. By Mr. Harris of the 10th:
A Resolution compensating Mr. Robert Ayles and Miss Robbin Ayles; and for other purposes.
Referred to the Committee on Appropriations.

HR 563-1147. By Mr. Harris of the 10th: A Resolution to compensate Mr. A. M. Cagle; and for other purposes.
Referred to the Committee on Appropriations.
HR 564-1147. By Mr. Rush of the 51st: A Resolution compensating Mrs. Mary E. Carter; and for other purposes.
Referred to the Committee on Appropriations.

HB 1148. By Mr. Clarke of the 33rd:
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 that notwithstanding any other provisions or said Act or any other laws to the contrary, vehicles transporting forest products may be operated upon the public roads and highways of this State if such vehicles shall not exceed certain widths, heights, and length specifica tions; and for other purposes.
Referred to the Committee on Motor Vehicles.

384

JOURNAL OP THE HOUSE,

HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A Bill to be entitled an Act to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1150. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act known as the Georgia Public Assistance Act of 1965, to authorize the State Department of Family and Children Services to participate financially in the distribu tion of surplus food commodities in the same amount and to the same extent that the Department is authorized to participate in the other welfare programs; and for other purposes.
Referred to the Committee on Welfare.

HB 1151. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse the County Com missioners or the legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the juris diction of any State institution or State Department; and for other purposes.
Referred to the Committee on Welfare.

HB 1152. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child"; and for other purposes.
Referred to the Committee on Welfare.

HB 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 20, 1970

385

HB 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, in the County of Troup, so as to change the cor porate limits of the City of West Point; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1155. By Mr. Jones of the 59th:
A Bill to be entitled an Act to prohibit certain activities by legislators and other State oofficials, employees and appointees of the legislative, executive and judicial branches of the State government and to regulate the conduct of said persons; and for other purposes.
Referred to the Committee on Rules.

HB 1156. By Messrs. Chandler of the 34th, Lambert of the 25th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to redefine the term "security"; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1157. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a Court Reporter for said Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1158. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act providing that members of the General Assembly shall be entitled to count time spent as a member of the General Assembly toward service in any local pension systems, so as to make said Act applicable to any pension plan to which officers or employees of political subdivisions might belong; and for other purposes.
Referred to the Committee on Retirement.

HR 565-1158. By Messrs. Williams and Cooper of the llth:
A Resolution to compensate Mr. George Frank Cash; and for other purposes.
Referred to the Committee on Appropriations.

386'

JOURNAL OF THE HOUSE,

HR 566-1158. By Mr. Cooper of the llth:
A Resolution to compensate Wilmont McRae Greene, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1160. By Mr. Sims of the 106th: A Bill to be entitled an Act creating the Employees' Retirement System of Georgia, so as to change the provisions relating to prior service credit for certain employees; and for other purposes.
Referred to the Committee on Retirement.

HB 1161. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act placing the district attor neys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, so as to provide that any district attor ney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.
Referred to the Committee on Judiciary.

HR 567-1161. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th, Bell of the 73rd, Hudson of the 48th, Wilkerson of the 103rd and others:
A Resolution relative to the preservation of local control of public edu cation ; and for other purposes.
Referred to the Committee on Education.

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

HB 1115. By Messrs. Salem of the 51st, Parker of the 46th and Edwards of the 45th:
A Bill to be entitled an Act to authorize the levy and collection of a wholesale tax; to provide the rate of such tax; and for other purposes.

TUESDAY, JANUARY 20, 1970

387

HB 1116. By Messrs. Salem of the 51st and Edwards of the 45th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Geor gia Code of 1933, so as to increase the excise tax imposed on all dis tributors of motor fuel from six and one-half cents per gallon to eight and one-half cents per gallon; and for other purposes.

HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st, Battle of the 90th, Wheeler of the 57th, Rush of the 51st and others.
A Bill to be entitled an Act to amend Code Chapter 27-1 relating to pro ceedings prior to arrest, so as to provide for a reward to be paid to persons furnishing information leading to the arrest and conviction of a person charged with the crime of murder when the victim of such murder was a police officer; and for other purposes.

HB 1118. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to make it unlawful for any person to occupy a boat on the water of Georgia unless he shall be wearing a life jacket or other like device approved by the U. S. Coast Guard; and for other purposes.

HB 1119. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 26-2306, relating to local government officers or employees selling to political subdivisions, so as to provide that it shall not be lawful for an officer or employee of a political subdivision or agency thereof to sell personal property to the political subdivision on a bid basis; and for other purposes.

HB 1120. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act relating to the restriction of the use of certain devices used in hunting and trapping foxes in cer tain counties, so as to provide that such restrictions shall not be appli cable where the owner of the property where such devices are used shall consent thereto; and for other purposes.

HB 1121. By Messrs. Whaley of the 93rd, Barber of the 15th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, so as to permit certain pupils who live within one and one-half miles from the school to which they are assigned be counted as transported pupils for the purpose of calcu lating the expense of pupil transportation under said Act; and for other purposes.

388

JOURNAL OP THE HOUSE,

HR 550-1121. By Mr. Paris of the 14th: A Resolution compensating Mr. Boyd Garner; and for other purposes.

HR 551-1121. By Mr. Phillips of the 50th: A Resolution compensating Mr. Willie Linder; and for other purposes.

HR 552-1121. By Messrs. Moore of the 6th, Farmer of the 16th, Northcutt of the 21st, Scarborough of the 81st, Jones of the 87th, Whaley of the 93rd and others:
A Resolution proposing an amendment to the Constitution, so as to create the Legislative Compensation Board for the purpose of fixing the salary of the members of the General Assembly; and for other purposes.

HR 553-1121. By Mrs. Merritt of the 46th: A Resolution compensating Dr. James W. Smith; and for other purposes.

HR 554-1121. By Messrs. Rush and Salem of the 51st: A Resolution to compensate Tattnall County; and for other purposes.

HR 555-1121. By Messrs. Lewis of the 37th and Salem of the 51st:
A Resolution relative to local control of public education; and for other purposes.

HB 1122. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that, within certain limitations, banks may accept as security for any loan an inter est in real estate conveyed by a second mortgage or other security instrument which is given subject to prior security interest; and for other purposes.

HB 1123. By Mr. Rush of the 51st:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifica tions, terms and removal of jury commissioners, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.

TUESDAY, JANUARY 20, 1970

389

HB 1124. By Mr. Dickinson of the 118th:
A Bill to be entitled an Act to impose a tax on mobile homes in all counties with populations of not less than 16,700 nor more than 16,800; and for other purposes.

HB 1125. By Messrs. Graves of the 9th and Harris of the 77th:
A Bill to be entitled an Act to amend Code Section 26-1103, relating to involuntary manslaughter, so as to change the definition of the crime of involuntary manslaughter; and for other purposes.

HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st:
A Bill to be entitled an Act to amend the Act of the General Assembly of Georgia re-enacting the charter of the City of Macon; and for other purposes.

HB 1127. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to provide that it shall be unlawful for any judge or solicitor of any court to serve as the attorney for any party or witness in any matter arising out of the circumstances which led such parties or witnesses to be such in the court of any such judge or solici tor; and for other purposes.

HB 1128. By Messrs. Murphy of the 19th, Paris of the 14th and Lane cf the 44th:
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 reduce the time within which payment of a judgment out of a security deposit may be made; and for other purposes.

SR 86. By Senators Bateman of the 27th, Gillis of the 20th, and Plunkett of the 30th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholar ships to citizens of Georgia who are students attending colleges or uni versities which are not branches of the University System of Georgia; and for other purposes.

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A Resolution urging the 34-man Industry Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco

390

JOURNAL OF THE HOUSE,

belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging the United States Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in deter mining tobacco crop estimates; and for other purposes.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging Georgia tobacco farmers to plant old-line, high quality varieties of tobacco; and for other purposes.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging the Georgia-Florida Tobacco Warehouse Associa tion to consider taking steps to police and hold to a minimum the sale of out-of-belt tobacco on Georgia warehouse floors during the regular selling season; and for other purposes.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Resolution urging the 34-man Industry Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; and for other purposes.

SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th: A Resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.
SR 191. By Sentaors Plunkett of the 30th and Webb of the llth: A Resolution creating the Heroes of Georgia Commission; and for other purposes.
SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th: A Bill to be entitled an Act regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to

TUESDAY, JANUARY 20, 1970

391

remove the provisions establishing a minimum number of selling days; and for other purposes.

SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act regulating the sale of fluecured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; and for other purposes.
SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A Bill to be entitled an Act to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes; and for other purposes.

SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others: A Bill to be entitled an Act to amend an Act creating the offices of State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and author ity to the Director of State Highway Department when said Board is not in regular or called session; and for other purposes.
Mr. Murphy of the 19th District, Chairman of the Committee on Banks & Banking submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the fol lowing Bill of the Senate and has instructed me to report same back to the House with the following recommendations:

SB 202. Do Pass.

Respectfully submitted, Murphy of the 19th, Chairman.

392

JOURNAL OF THE HOUSE,

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judici ary, 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 to report same back to the House with the following recommendations:

SB

12. Do Pass by substitute.

HB 1112. Do Pass.

HB 1067. Do Pass by substitute.

Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions & Property submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under considera tion the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 626. Do Pass by substitute.

HB 658. Do Pass.

HB 1079. Do Pass.

HR 276-843. Do Pass.

HR 312-923. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

TUESDAY, JANUARY 20, 1970

393

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 210. By Senators Plunkett of the 30th, Rowan of the 8th, Webb of the llth, and Gillis of the 20th:
A Resolution commending the Honorable John H. Venable, M.D., Direc tor of the Georgia Department of Public Health; and for other pur poses.

By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 517-1042. By Messrs. Melton and Brown of the 32nd.
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of office of the Fayette County School Superintendent, the Board of Education of Payette County shall appoint the Payette County School Superintendent; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VIII, Section VI, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following para graph :
"The Board of Education of Fayette County shall, effective January 1,1973, elect the County School Superintendent of Fayette County and no election for County School Superintendent shall be held in 1972. The present Superintendent shall continue in office through December 31, 1972. The Superintendent shall serve at the pleasure of the Board of Education, and shall be subject to all other provisions of the Constitution and laws not in conflict here with."

394

JOURNAL OF THE HOUSE,

Section 2. The above proposed amendment to the Constitution 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 provide that at the expiration of the present term of office of the Fayette County School Superintendent, the
NO ( ) Board of Education of Fayette County shall appoint the Fayette County School Superintendent?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 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 Barber Barfield Battle Bell Berry Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss

Busbee Caldwell Games Gates Chandler Clarke Collins, M. Colwell Gonnell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. DeLong Dent Dixon

Dodson Douglas Edwards Ellis Ezzard Fallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F.

TUESDAY, JANUARY 20, 1970

395

Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason

Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton
Merritt Miles Milford Moate Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phililps, L. L. Phillips, W. R. Pickard Poole Potts Rainey Roach

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

Those not voting were Messrs.:

Anderson Ballard Bennett Bond Brantley, H. H. Cole Collier Collins, S.
Conger
Dean, J. E.
Dean, N.
Dickinson
Dorminy
Egan
Evans

Farmer Floyd, J. H. Grahl Griffin Hale Hamilton Henderson Howell
Hutchinson
Johnson
Joiner
Keen
Lane, Dick
Levitas
' Matthews, D. R.

McCracken Miller Moore Nunn Peterson Pinkston Reaves Ross
Rowland
Simkins
Sorrells
Towns end
Wamble
Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

396

JOURNAL OP THE HOUSE,

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

HR 518-1042. By Messrs. Melton and Brown of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette County shall district Payette County into education districts for the purpose of elect ing members of the Board of Education of Fayette County; to provide that all of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for elec tion to the Board; to provide 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 VIII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom the following:
"The Board of Education of Fayette County shall consist of five (5) members to be elected by the voters of Payette County. For the purpose of electing such members. Fayette County shall be divided into five education districts, as follows:
Education District No. 1 shall be composed of Militia District No. G.M.D. 496 (Fayetteville); Education District No. 2 shall be composed of Militia District No. G.M.D. 538 (Woolsey) ; Education District No. 3 shall be composed of Militia District No. G.M.D. 1293 (Brooks) and Militia District No. G.M.D. 495 (Starrs Mill); Education District No. 4 shall be composed of Militia District No. G.M.D. 624 (Shake Rag) and Militia District G.M.D. 549 (Rear Over); Education District No. 5 shall be composed of Miiltia Dis trict No. G.M.D. 1248 (Hopeful) and Militia District No. G.M.D. 709 (Black Rock) and Militia District No. G.M.D. 1262 (Europe).
"One member shall be elected from each Education District. No person shall be eligible to serve as a member of the Fayette County Board of Education from Education District, unless he shall reside in such district. He shall be elected by the voters of the Education District of which he represents. In order to be eligible to hold of fice as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of an English educa tion, and must be qualified to vote fpr members of the General Assembly.
"Not later than ten days after the ratification of this amend ment it shall be the duty of the Ordinary of Fayette County to issue

TUESDAY, JANUARY 20, 1970

397

the call for an election for the purpose of electing the members of the Board of Education of Fayette County. The day of such election
shall be set for a day not less than fifteen (15) nor more than twenty (20) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the procedure con nected therewith, once a week for two weeks immediately pre ceding the date thereof in the official organ of Fayette County.
The members elected from Education Districts Nos. 1 and 2 shall serve for a term of one year; the members elected from Educa tion District Nos. 3 and 4 shall serve for a term of two years; the members elected from Education District No. 5 shall serve for a term of four years. All members at such election shall take office January 1, 1963, and their term of office shall expire on De cember 31st of the last year of such term. The successors to such members shall be elected for a term of four years and shall be elected at the same time County Officers of Fayette County are elected.

"The Board of Education of Fayette County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1962, and the term of office of the members of such Board shall expire on such date. In case of a vacancy on said Board by death, resignation, or from any cause other than expiration of a term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term."

and substituting in lieu thereof the following:

"The Board of Education of Fayette County shall be composed of five members to be elected as hereinafter provided. Within six months after the results of each United States decennial census shall become available, the Board of Education of Fayette County shall divide Fayette County into five education districts. The Board, in providing for such districts, shall provide that each district shall contain, as nearly as possible, equal population. Positions on the Board shall be numbered 1 through 5, respectively. There shall be elected to the Board one member from each education district. In order to be eligible to be elected to the Board, a candidate must reside within the education district which corresponds by number to the position on the Board for which he offers for election. All of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board. The first election for members of the Board, under the provisions of this paragraph, shall be conducted in the general elec tion of 1972. Candidates elected to the Board shall take office on
the first day of January following their election. Candidates elected in said election from Districts 1, 2 and 3 shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates elected in said election from Districts 4 and 5 shall serve for a term of office of two years and until .their suc cessors are duly elected and qualified. Thereafter, successors to the members of the Board of Education shall be elected in the general election conducted in that year in which the respective term of office shall expire, shall take office on the first day of Janu-

398

JOURNAL OF THE HOUSE,

ary following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Those members of the Board of Education of Fayette County serving at the time of the adoption of this paragraph shall continue to serve as members of the Board and shall continue to administer the affairs of the Fayette County school system until their successors shall be elected and qualified as herein provided. In the event a va cancy shall occur on the Board, the remaining members of the Board shall appoint a qualified resident of the education district in which the vacancy shall occur to serve out the unexpired term of office."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph 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 provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into
NO ( ) education districts for the purpose of electing memof the Board of Education of Fayette County, and to provide that all of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board?"

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.

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 Barber

Barfield Battle Bell Berry

Black Blalock Bohannon Bostick

Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Chandler
Clarke Collins, M. Colwell Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. DeLong Dent Dixon Dodson Douglas Edwards Ellis Ezzard Tallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington

TUESDAY, JANUARY 20, 1970

399

Harris, J. F. ' Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L.
Hill, G. Holder, F. P. Hood Horton Housley Hudson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Murphy Nash Nessmith

Northcutt Odom Pafford Paris Parker; C. A. Parker, H. W;: Patter son ! Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Roach Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason
Thompson, A. W. Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Anderson Ballard Bennett Bond

Brantley, H. H. Cole Collier Collins, S.

Conger Dean, J. E. Dean, N. Dickinson

400
Dorminy Egan Evans Farmer Floyd, J. H. Grahl Griffin Hale Hamilton Henderson Howell

JOURNAL OF THE HOUSE,

Hutchinson Johnson Joiner
Keen Lane, Dick Levitas Matthews, D. R. McCracken Miller, M. Moore Nunn

Peterson Pinkston Reaves
Ross Rowland Simkins Sorrells Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

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

HR 523-1072. By Messrs. Hudson and Dorminy of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Fitzgerald and the existing school district in the County of Ben Hill lying outside the corporate limits of said city, into one school district co-extensive with the limits of Ben Hill County, Georgia; to provide that the Superintendent of Education for the resulting school district shall be appointed by the new Ben Hill County Board of Education; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof a new para graph to read:
"The General Assembly of Georgia is hereby authorized to pass a special Act or Acts to merge the existing independent school sys tem of the City of Fitzgerald and the existing school district in the County of Ben Hill outside the corporate limits of said city, so that the entire area of Ben Hill County shall constitute one school dis trict or system, the independent school system in the City of Fitz gerald and the existing school district in Ben Hill County outside said corporate limits of said city being thereby abolished.
"The General Assembly may provide for a new political entity, the affairs of which are to be managed by a board of education, to

TUESDAY, JANUARY 20, 1970

401

bear the name Ben Hill County Board of Education, hereafter re ferred to as the board.

"The administration of said school system shall be vested in a. board to be known as the Ben Hill County Board of Education. The board shall consist of seven (7) members, men or women, or some of both, who at the time of their election shall be at least twenty-five (25) years of age and shall have been a bona fide resident of Ben Hill County for at least four (4) years. Members of the board shall be persons of good moral character, who shall have a good knowl edge of the elementary branches of our English education and be favorable to the common school system. Three (3) members of said board shall be elected from the corporate limits of the City of Fitz gerald. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying north of State Highway Number 107" and West of U.S. Highway Number 129. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying: North of State Highway Number 107 and State Highway Number 206 from its intersection with State Highway Number 107, and
East of U. S. Highway Number 129. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying South of State Highway Number 107 and State Highway Number 206. One (1) member of said board shall be elected at large from the entire County of Ben Hill, including the City of Fitzgerald.

The General Assembly of Georgia may provide the time and method of holding elections for board members. The election of all seven of said board members shall be by a vote of the quali fied voters of the entire County of Ben Hill (including the quali fied voters who live within the corporate limits of the City of Fitzgerald).

"The first board of education for said system shall be com posed of a seven-man board appointed from the membership of the two existing boards, as follows:
1. The Board of Commissioners for Ben Hill County and the Mayor and Council of the City of Fitzgerald meeting jointly shall appoint the member at large and said member may be from either board of education.
2. The Board of Commissioners for Ben Hill County shall ap point three members from the existing board of education of Ben Hill County.
3. The Mayor and Council of the City of Fitzgerald shall ap point three members from the existing board of education for the City of Fitzgerald.
4. Two of the members named from the board of education of the City of Fitzgerald shall be appointed for a term of one year, and one member shall be appointed for a term of three years.

402

JOURNAL OP THE HOUSE,

5. Two of the members named from the board of education of Ben Hill County shall be appointed for a term of one year, and one member shall be appointed for a term of three years.

6. The member at large shall be appointed for a term of three years, and thereafter the term of all members shall be four years, and all members of the board shall hold office until their successors
are elected and qualified. In case of a vacancy on said board by death, resignation or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall, by secret ballot, elect his successor for the unexpired term.

"That the said board shall elect officers annually. These of ficers shall include a chairman, a vice-chairman, a secretary, and a treasurer. The offices of secretary and treasurer may be per formed respectively by one and the same person, and may be a person or persons other than a member of said board.

"Each and every member of said board shall at all times have rights and privileges of voting in meetings, but the presiding of ficer shall not vote unless there is a tie vote, in which case he shall cast the deciding ballot.

"The board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said board is hereby authorized and empowered to operate, conduct and con trol said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution; to contract and be contracted with; to appoint and employ teachers and to fix their salaries; and to do all and every act or acts as may be necessary for the proper maintenance and operation of a com prehensive school system throughout the limits of Ben Hill County.

"From and after the ratification of this amendment, the voters of Ben Hill County shall no longer elect the Ben Hill County School Superintendent. The General Assembly shall have authority to abolish without a referendum, the term of the present County School Superintendent of Ben Hill County. The board shall elect or em ploy a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law, and shall have training in school administration. That the present County School Superin tendent shall continue to hold some administrative position in the school system, and shall receive the same remuneration as is now paid him, until the expiration of his term of office, and the Super intendent of the city school system shall be continued in an ad ministrative capacity and shall be paid the same remuneration as is presently paid him, until the expiration of his contract.

"Notwithstanding any other provision of this Constitution, the fiscal authorities of Ben Hill County shall levy a tax for the sup port and maintenance of said school system of not greater than the amount allowed by the laws of Georgia, the amount to be recom-

TUESDAY, JANUARY 20, 1970

40$

mended by the board, and shall be uniform through the county of all taxable property in the county.

"Notwithstanding any other provision of this Constitution or any provisions of law, the commission or fees of the Tax Collector of Ben Hill County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half percent (2%%) on the first $100,000.00 collected; one percent (1%) on the second $100,000.00 collected; and one-half of one percent (%%) on all amounts collected above.

"The above schedule of rates shall apply to all collections of moneys for school purposes, including that collected for operation, maintenance, bond retirement, interest payments, and for any other school purpose by whatever name called. Should the Tax Collector of Ben Hill County be changed from a fee to a salary, this provision shall become inoperative.

"The General Assembly may authorize the City of Fitzgerald and the County of Ben Hill to appropriate money from their general funds to the board of education herein created, for educational pur poses.

"The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and main taining- a comprehensive system of public education throughout the limits of Ben Hill County.

"That the officials in charge of the affairs of the City of Fitz gerald and of the County of Ben Hill shall, in joint meeting, decide what properties belonging to each school system shall be necessary for the purposes of carrying on the combined school system, and after deciding which properties are necessary, each body shall deed to the new board the properties so designated.

"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other pro visions of this Constitution, or any general or special laws of the State.

"The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant hereto."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

404

JOURNAL OP THE HOUSE,

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 pass a special Act or Acts to merge the existing school system of the City of
NO ( ) Fitzgerald and the existing school district in the County of Ben Hill lying outside the corporate limits of said city, into one school district or system co extensive with the limits of said county, and to pro vide that the Superintendent of Education for the re sulting school district shall be appointed by the new Ben Hill County Board of Education?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying 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 report of the Committee, which was favorable to the adoption of the Uesolution, 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 Barber Barfield Battle Bell Berry Black Blalock Bohannon Bostick Bowen
Brantley, H. L. Bray Brooks
Brown, B. D. Brown, C. Buck

Burruss Busbee Caldwell Games Gates Chandler Clarke Collins, M. Colwell Connell Conner Cook Cooper
Crowe Dailey Daugherty
Davis, E. T. Davis, W. DeLong

Dent Dixon Dodson Douglas Edwards Ellis Ezzard Fallin Farrar Felton Floyd, L. R. Funk Gary
Gaynor Geisinger Gignilliat
Graves Gunter Hadaway

TUESDAY, JANUARY 20, 1970

406-

Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard, G. H. Lewis Longino Lowrey

Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate 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 Poole Potts Rainey

Roach Rush Russell Salem Scorborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow
Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Anderson Ballard Bennett Bond Brantley, H. H. Cole Collier Collins, S. Conger Dean, J. E. Dean, N. Dickinson Dorminy Egan Evans

Farmer Floyd, J. H. Grahl Griffin Hale Hamilton Henderson Howell Hutchinson Johnson Joiner Keen, M. Lane, Dick Le vitas Matthews, D. R.

McCracken Miller Moore Nunn Peterson Pinkston Reaves Ross Rowland Simkins Sorrells Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

406

JOURNAL OF THE HOUSE,

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

Mr. Dorminy of the 48th stated that he had been called from the floor of the House when the roll call was ordered oh the adoption of HR 523-1072 and wished to be recorded as voting aye.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Special Judiciary and referred to the Committee on Retirement:

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 Court Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), 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.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on University System of Georgia and referred to the Com mittee on Education:

HR 549-1111. By Messrs. Russell of the 70th, Keyton of the 70th and Barber of the 15th:
A Resolution proposing an amendment to the Constitution so as to pledge the full faith, credit and taxing powers of the State for the payment of revenue bonds issued for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following Resolutions were read and adopted:

HR 568. By Messrs, Smith of the 43rd, Hargrett of the 58th, Williams of the llth, Brooks of the 17th, Salem of the 51st and many others:
A RESOLUTION
Commending Honorable Cecil L. Clifton; and for other purposes.
WHEREAS, Honorable Cecil L. Clifton, Joint secretary, State Ex amining Boards, is serving as President of the National Association Boards of Pharmacy; and

TUESDAY, JANUARY 20, 1970

40T

WHEREAS, "Doc," as he is affectionately known by his multitude of friends in State government, has performed an outstanding job as the Joint Secretary of the many State Examining Boards since 1955;
and

WHEREAS, it is a distinct honor to the State that Doc Clifton was chosen as President of this nationwide organization.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend their sincerest congratulations and commendations to Honorable Cecil L. "Doc" Clifton upon his service as President of the National Association Boards of Pharmacy, and wish for him a most successful tenure of office.

BE IT FURTHER RESOLVED that the Clerk of the House is in structed to transmit a copy of this Resolution to Honorable Cecil L. Clifton.

HR 569. By Messrs. Smith of the 43rd, Williams of the llth, Russell of the 70th, Wood of the llth and many others:
A RESOLUTION
Expressing regret at the passing of Honorable Joe N. Burton; and for other purposes.
WHEREAS, on September 23, 1969, Honorable Joe N. Burton passed away; and
WHEREAS, he was born February 9, 1915, at Colbert, Georgia, and was educated in the Athens City Schools; and
WHEREAS, he had an outstanding record in World War II with the Eighth Air Force in the European Theatre, receiving two Purple Hearts, four Air Medals, five Battle Stars, and two Presidential Cita tions, and was a prisoner of war for one year; and
WHEREAS, he served as Assistant to the Secretary of State, theHonorable Ben W. Fortson, Jr., from March, 1946 until his death; and
WHEREAS, he was one of the most capable and dedicated state employees in the history of this State, and his many acts of kindness and helpfulness towards the members of this body will be long cherished and remembered; and
WHEREAS, his passing is a great loss, not only to the members of this body, the Secretary of State and other State officials, but to the: entire State; and
WHEREAS, he is survived by his wife, the former Nelle Tucker.

408

JOURNAL OF THE HOUSE,

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 Joe N. Burton and extend their sincerest and most heartfelt sympathy to Mrs. Burton.

570. By Mr. Toles of the 9th:
A RESOLUTION
Commending Honorable J. Bradley Haynes; and for other pur poses.
WHEREAS, Honorable J. Bradley Haynes, a distinguished and prominent citizen of Floyd County, has recently received the distinction and honor of being elected President of the Georgia Certified Public Accountants Association; and
WHEREAS, Honorable J. Bradley Haynes has during his dis tinguished and eventful life been a prominent leader of the business, civic and religious life of his community; and
WHEREAS, it is the desire of this body to recognize the outstand ing accomplishments and contributions which this distinguished citizen of this State has made to his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations and commendations to Honorable J. Bradley Haynes upon his being elected President of the Georgia Certified Public Ac countants Association, and for the many outstanding contributions which this prominent and distinguished citizen had made to his community and State.
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 Honorable J. Bradley Haynes.
HR 571. By Messrs. Scarborough of the 81st, Evans of the 81st, Knapp of the 81st, Keen of the 81st, Miller of the 83rd and Pinkston of the 81st:
A RESOLUTION
Expressing regret at the passing of Floyd B. Chaite; and for other purposes.
WHEREAS, recently the Honorable Floyd B. Chaite passed away; and
WHEREAS, the Honorable Floyd B. Chaite was a respected mem ber of the State Bar of Georgia; and

TUESDAY, JANUARY 20, 1970

409

WHEREAS, he was a graduate of Georgia Military Academy, Geor gia State College and the Walter F. George School of Law; and

WHEREAS, he was a member of the Macon law firm of Evans and Chaite; and

WHEREAS, he was a member of the Congregation Sherah Israel; and

WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by his untimely passing.

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 one of this State's most out standing and distinguished citizens, the Honorable Floyd B. Chaite.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit ap propriate copies of this Resolution to Mrs. Barbara Wilson Chaite, Miss Carolyn Chaite, Dr. and Mrs. Louis Chaite, Mr. Judd B. Chaite and Mrs. Minnie Last.

HR 572. By Messrs. Smith of the 43rd, Miller of the 83rd, Gaynor of the 88th, Felton of the 95th and Horton of the 95th:
A RESOLUTION
For the purpose of commending the municipal officials and em ployees of Georgia upon the occasion of the Twelfth Annual Georgia Mayors' Day; and for other purposes.
WHEREAS, municipal government historically is the oldest form of organized government; and,
WHEREAS, citizen participation in municipal government pro vides basic expressions of the American Democratic process; and,
WHEREAS, municipalities have the responsibility of providing basic services to foster the health, safety, welfare, comfort and convenience of the citizens who live in our cities and towns and the environs there of; and,
WHEREAS, municipalities provide services necessary for manu facturing, business and other industries which provide employment for a vast majority of Georgians; and,
WHEREAS, the municipalities of this State provide centers of religious, educational, cultural, social and recreational activity without which civilized progress would be difficult, if not impossible; and,

410

JOURNAL OF THE HOUSE,

WHEREAS, the city officials of Georgia have voluntarily sought public office to serve their communities and, through them, their fellowman toward the end that each Georgian may enjoy a full, happy and productive life; and,

WHEREAS, the members of the Georgia General Assembly are fully aware of the contributions of municipal government to the State of Georgia and its people.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES, that this Body does hereby recognize and pay tribute to the municipal officials and employees of Georgia upon the occasion of the Twelfth Annual Georgia Mayors' Day, this January 19, 1970.

HR 573. By Messrs. Wood of the llth, Cooper of the llth and Williams of the llth:
A RESOLUTION
Commending and congratulating the Gainesville High School Red Elephants, Head Coach Bobby Gruhn and his staff; and for other purposes.
WHEREAS, the magnificent Gainesville High School Red Elephants football team, known far and wide as "Big Red", won the 1969 North Georgia A A championship, a title they also won in 1968; and
WHEREAS, Big Red came within minutes of wrapping up the State A A title, only to lose by 28-21 to North Springs; and
WHEREAS, the fans of Georgia high school football will always remember the 1969 version of Big Red, because this team has been heavily outweighed by almost all of its opponents, yet no team could boast half as much heart and drive; and
WHEREAS, Coach Bobby Gruhn, in his seventh year as Head Coach of Gainesville High School, and his marvelous staff won four straight region championships, and they have a record of 40 victories and only 10 losses over the past four seasons; and
WHEREAS, Coach Bobby Gruhn was named Georgia Class AA "Coach of the Year" in 1968, and was picked by his fellow coaches to coach the North Georgia High School All-star Team; and
WHEREAS, many of Coach Bobby Gruhn's players have gone on to stardom in college football, a fine tribute to a fine person.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby commends and con gratulates the Gainesville High School Red Elephants and their marvelous Coach, the Honorable Bobby Gruhn, for excellence.

TUESDAY, JANUARY 20, 1970

411

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Principal of Gainesville High School, and a copy to Coach Bobby Gruhn, Gainesville High School.

HR 574. By Mr. Salem of the 51st:
A RESOLUTION
Commending the Vidalia High School Football Team; and for other purposes.
WHEREAS, the Vidalia High School Indians are the State Class "B" football champions; and
WHEREAS, during their successful season recently concluded, each and every member of this fine athletic team displayed the admirable attributes of fine athletic and sportsman prowess; and
WHEREAS, it is the desire of this body to recognize the outstand ing accomplishments of each and every member of the 1969 Vidalia High School Football Team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to each and every member of the Vidalia High School Football Team and to their coach and staff its warmest congratulations upon winning the State Class "B" football championship.

HR 575. By Mr. Salem of the 51st:
A RESOLUTION
Commending the Lyons High School Debating Team; and for other purposes.
WHEREAS, the Lyons High School Debating Team has won the South Georgia debating championship and is presently competing for the State championship; and
WHEREAS, each and every member of this outstanding debating team has done an outstanding job in representing their school; and
WHEREAS, it is the desire of this body to recognize the outstand ing accomplishments of each individual member of the Lyons High School Debating Team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to each and

412

JOURNAL OF THE HOUSE,

every member of the Lyons High School Debating Team its warmest congratulations upon their achieving the distinction of being named the South Georgia champions and does hereby extend to them its every good wish for their continued success.

HR 580. By Mr. Barber of the 15th and all members of the House:
A RESOLUTION
Commending the Georgia School Food Service Program, the Geor gia Federation of Women's Clubs, and Radio Station WSB; and for other purposes.
WHEREAS, Miss Josephine Martin, the Director of the Georgia School Food Service Program, initiated a project of collecting funds for school lunches for Georgia school children who are unable to purchase their own lunches; and
WHEREAS, the Georgia Federation of Women's Clubs, through its. President, Mrs. M. B. Mitchell, and one of its outstanding members, Mrs. Barbara Stanford, sponsored this most worthwhile program; and
WHEREAS, Radio Station WSB, through its General Manager, Elmo Ellis, and its Director of News, Aubrey Morris, promoted and publicized this program under the name of Santa's Lunch Box Fund; and
WHEREAS, this is one of the most worthwhile projects to be under taken in this State in many years and will enable many school children who would otherwise go hungry during the day to have a hot lunch while attending school; and
WHEREAS, the developing child needs a nutritionally adequate lunch each day, and
WHEREAS, there are approximately 240,000 children in school from low-income homes, and
WHEREAS, 71,000 of these children in November did not have a lunch because of inadequate funding of the school lunch program, and
WHEREAS, federal school lunch funds are limited to helping schools buy food, many schools cannot utilize federal funds as there are no funds to pay labor costs, and
WHEREAS, Radio Station WSB and the Georgia Federation of Women's Clubs recognized the existence of 70-80,000 hungry children in school and the need for additional funds, and
WHEREAS, the campaign was designed to make the citizens of Georgia aware of the hungry children in Georgia schools and to provide

TUESDAY, JANUARY 20, 1970

413

them with an opportunity to contribute funds for "lunches to needy children for the rest of the school year" pending more adequate public funding, and

WHEREAS, $21,000 contributed to the Santa Claus Lunch Box campaign will make it possible for an additional 1,150 children in 19 schools in 14 school systems to have a school lunch for the remainder of the 1969-70 school year.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES, that the Georgia General Assembly does hereby extend its congratulations and appreciation to Radio Station WSB and the Georgia Federation of Women's Clubs for recognizing the problem and developing a program to make Georgia citizens aware of the prob lem, and

BE IT FURTHER RESOLVED that Elmo Ellis, General Manager, WSB Radio Station, and Mrs. W. B. Mitchell, President, the Georgia Federation of Women's Clubs, be extended our appreciation for their leadership in making the Santa Claus Lunch Box campaign a success, and

BE IT FURTHER RESOLVED that the Georgia General Assembly recognizes the contributions of staff members of WSB and the Georgia Federation of Women's Clubs in implementing the campaign to a successful finish, and

BE IT FINALLY RESOLVED that the General Assembly would urge all citizens to take cognizance of the needs of the children in their communities and to work with us to the end that there shall be no hungry child in school in Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the above persons.

HR 581. By Mr. Toles of the 9th:
A RESOLUTION
Welcoming Dr. Grady Wilson; and for other purposes.
WHEREAS, the General Assembly has convened in joint session for the purpose of being addressed by Dr. Grady Wilson, one of this nation's most oustanding and renowned ministers and orators; and
WHEREAS, it is indeed a high and distinct honor and privilege to have the opportunity to listen to the informed thoughts which Dr. Wil son will present to this body; and
WHEREAS, Dr. Wilson is a world-renowned speaker, having spoken to large groups on every continent of this earth; and

414

JOURNAL OF THE HOUSE,

WHEREAS, the thoughts and messages conveyed by Dr. Wilson have always been of great inspiration and benefit to his audiences.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, convened in joint session, that this body does hereby express its deepest appreciation for the distinct honor and pleasure in having as its guest Dr. Grady Wilson, a distinguished mem ber of the Billy Graham Evangelistic Team for the purpose of addressing this body.

BE IT FURTHER RESOLVED that this body does hereby extend to Dr. Wilson its warmest commendation for the outstanding contri butions which this distinguished citizen has made toward the furtherance of Christian principles and ideals.

HR 582. By Mr. Caldwell of the 39th:
A RESOLUTION
Creating the State Employees' Health Insurance Plan Study Com mittee; and for other purposes.
WHEREAS, the State of Georgia has provided for the compulsory purchase of group health, hospitalization and medical insurance for the employees of the various departments, agencies, and institutions of State Government and their families, with premiums for same to be contributed partly by the State from tax funds and partly from payroll deductions from such employees; and
WHEREAS, bids for said health, hospitalization and medical in surance coverage are not required to be obtained from all insurance companies desiring to bid on same; and
WHEREAS, in the past year the premiums required to be con tributed by the State and by such employees for the cost of such in surance have been raised drastically; and
WHEREAS, it is the desire of the General Assembly of Georgia to provide for the best available medical and health coverage for the employees of the various departments, agencies and commissions, and their spouses and families at the lowest possible cost to each employee and to the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA:
That there is hereby created the State Employees' Health Insurance Plan Study Committee to be composed of six (6) members of the House of Representatives appointed by the Speaker of the House; three (3) of said members shall be members of the Appropriations Committee of the House of Representatives and three (3) shall be members of the Insur-

TUESDAY, JANUARY 20, 1970

415

ance Committee of the House of Representatives. For the purpose of calling the organizational meeting of the Committee, the Speaker of the House shall designate one of his appointments to the Committee as Temporary Chairman. At the organizational meeting of the Committee, the Committee shall elect its own Chairman and such other officers as the Committee deems necessary or desirable.

BE IT FURTHER RESOLVED that the Committee shall be au thorized to study all matters relating to health and medical insurance programs for the employees and families of the State of Georgia; in order to make a determination as to whether or not the best available medical and health coverage is being provided at the lowest possible cost to the employees and to the State of Georgia. The Committee shall consult with persons knowledgeable in the field of health and medical insurance, and is hereby authorized to study the laws of other states relative to this subject and the administration thereof in such states.

BE IT FURTHER RESOLVED that the Committee shall submit a report setting forth its findings and recommendations, to be accompanied by any proposed legislation as might be recommended by the Committee within twenty (20) days from the adoption of this Resolution.

Mr. Dodson of the 82nd arose to appoint a personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Com mittee on Rules:
HR 588. By Messrs. Busbee of the 61st and Lewis of the 37th:
A RESOLUTION
WHEREAS, in the past sixteen years, the Federal Government has, through decisions of the Courts, Acts of Congress, and the implementa tion of said Court decisions and Acts of Congress through the Execu tive Branch of government, brought about a situation in the State of Georgia and various other Southern States whereby the various school systems are to be totally integrated during the current year by the im position of racial quota requirements;
AND WHEREAS, the State of Georgia has undertaken to comply with all court orders for integrating its public schools heretofore en tered;
AND WHEREAS, the State of Georgia in many of its schools faces mid-year massive transfer of teachers and pupils to effectuate such arbitrary racial quotas;

416

JOURNAL OF THE HOUSE,

AND WHEREAS, this situation has resulted in Georgia being compelled to adopt a unitary school system while many States in the Union are not being compelled so to do;

AND WHEREAS, the State of Georgia has itself been sued to compel racial quotas among teachers and students and such has not been done by the Justice Department in any other State;

AND WHEREAS, the people of the State of Georgia feel that, as one of the fifty States of this Union, they have rights co-equal to that of citizens of the other States and should not be part of an isolated social experiement;

AND WHEREAS, the above situation can result in a great weaken ing and possible destruction of the public education system in Georgia unless the citizens of this State know that the laws are being equally enforced throughout the several States and that they are not being discriminated against for political expediency;

NOW THEREFORE, BE IT RESOLVED BY the House of Repre sentatives, the Senate concurring, that the General Assembly of the State of Georgia, as the chosen representatives of the people of this State, asks the following of the Federal Government:

That the President of the United States, the Honorable Richard Milhous Nixon, be and he is hereby urged to order the Justice Depart ment to immediately file suit in every State in the Nation to insure a unitary school system so that all citizens are treated equally under the Constitution and laws of the United States;

BE IT FURTHER RESOLVED, that the Congress of the United States be called upon to enact any and all laws to insure that the Jus tice Department enforce the unitary school laws equally in each of the several States;

BE IT FURTHER RESOLVED that copies of this Resolution be delivered to the President, the Honorable Richard Milhous Nixon, and to the Attorney General, the Honorable John N. Mitchell, and that copies be mailed to the members of the Congress.

HR 589. By Messrs. Busbee of the 61st and Lewis of the 37th:
A RESOLUTION
WHEREAS, the General Assembly of Georgia has adopted a resolu tion calling upon the President, the Attorney General and the Congress of the United States, to insure that a unitary school system is established throughout the several States of this Nation;
AND WHEREAS, the Attorney General of the State of Georgia, as the chief legal officer of the State of Georgia, can maintain a suit to

TUESDAY, JANUARY 20, 1970

417

protect the interest of the people of this State and insure that they have equal protection under the Constitution and laws with the residents of the other States;

NOW THEREFORE, be it resolved by the General Assembly of Georgia, the House and Senate concurring, as follows:

That the Attorney General of Georgia be and he is hereby requested to inform himself as to the action, if any, initiated by the Attorney General of the United States in any of the several States of this Nation to compel a unitary school system in such States;

BE IT FURTHER RESOLVED, that the Attorney General of Geor gia, be and he is hereby directed to institute such suit as may be needed, for and in behalf of the citizens of the State of Georgia against appro priate parties to insure that the people of the State of Georgia receive equal treatment under the laws by the federal government;

BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Attorney General of the State of Georgia.

Under the special and continuing order of business, HR 514-1028 was again taken up for consideration.

Mr. Murphy of the 19th moved that the House reconsider its action in adopt ing the Floyd Amendment to the Murphy Amendment to Article 3, Section 7, Paragraph 4.

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

Those voting in the affirmative were Messrs.:

Atherton Barber Battle Berry Black Bostick Bowen Brantley, H. L. Bray Brooks Brown, C. Burruss Busbee Caldwell Collins, M.

Conger Connell Conner Cooper Crowe Dailey Dean, N. Dent Dixon Dodson Dorminy Edwards Fallin Felton Funk

Gaynor Gignilliat Grahl Griffin Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Holder Horton Housley Howell

418
Hudson Hutchinson Johnson Jones, M. Jordan Knowles Kreeger Lambert Lane, W. J. Lee, W. S. Marcus Mason Mauldin McClatchey McDaniell Moate

JOURNAL OF THE HOUSE,

Mullinax Murphy Nash Northcutt Nunn Pafford
Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Pickard Pinks ton Potts Rainey

Roach Rush Salem Scarlett Shanahan
Sims Smith, J. R.
Snow Sweat Thompson, R. Vaughn Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams Alexander
Bell Blalock Bohannon Brantley, H. H. Brown, B. D.
Carnes Gates Collier Collins, S. Daugherty Davis, E. T.
Davis, W. Dean, J. E. DeLong Dickinson Egan

Farmer Farrar Floyd, L. R. Gary Geisinger Graves Hamilton Hawes Higginbotham Hill, B. L. Hill, G. Hood Jones, C. M. Jones, Herb Jordan, G. Knapp Lane, Dick Lee, W. J. (Bill)

Leonard Lewis Longino Matthews Morris Nessmith Odom Phillips, W. R. Shepherd Sherman Simkins Sorrells Thomason
Toles Townsend Westlake Whaley Wilkerson

Those not voting were Messrs.:

Anderson Ballard Barfield Bennett Bond Buck Chandler Clarke Cole Colwell Cook Douglas

Ellis Evans Ezzard Floyd, J. H. Gunter Hale Harris, J. F. Joiner Keen Keyton Levitas Lowrey

Matthews, C. Maxwell McCracken Melton Merritt Miles Milford Miller Moore Peterson Phillips, G. S. Poole

Reaves Ross Rowland Russell

TUESDAY, JANUARY 20, 1970

419

Scarborough Simmons Smith, V. T. Thompson, A. W.

Wamble Ware Winkles Mr. Speaker

On the motion to reconsider, the ayes were 93, nays 54.

The motion prevailed.

The Floyd amendment having been defeated by the reconsideration thereof, Article 3, Section 7, Paragraph 4, as amended by the Murphy amendment, was adopted.

Article 3, as amended, was again adopted.

The following paragraph was read:
ARTICLE 4
EXECUTIVE BRANCH
SECTION 1
EXECUTIVE OFFICERS
Paragraph 1. Elected Executive Officers, Terms of Office, Salaries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, and Comptroller General, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, perqui site or compensation other than their salaries as prescribed by law ex cept their necessary expenses when absent from the seat of government on business for the State.

The following amendment was read:
Mr. Bostick of the 63rd moves to amend the Committee substitute to HR 514-1028 by striking Article 4, Section 1, Paragraph 1 of said Resolution in its entirety and inserting in lieu thereof the following:
"Paragraph 1. Elected Executive Officers, Terms of Office, Salaries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney

420

JOURNAL OP THE HOUSE,

General, Treasurer, Commissioner of Labor, Commissioner of Agri culture, and Comptroller General, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government
on business for the State."

The following amendment to the Bostick amendment was read:
Mr. Collins of the 62nd moves to amend the Bostick amendment to the Committee substitute to HK 514-1028 by striking the words "Commissioner of Agriculture", from Paragraph 1, Section 1, Article 4, and inserting in lieu thereof the following: "Commissioner of Agriculture and Consumer Affairs".

On the adoption of the amendment, to the Bostick amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Barber Berry Black Bowen Brantley, H. L.
Bray Busbee Caldwell Gates Chandler Collier Collins, M. Collins, S. Colwell Conger Cooper Dailey Davis, E. T.
Davis, W. Dean Dickinson Dorminy Douglas Edwards Fallin Funk Gaynor

Grahl Graves Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill, G. Holder Housley Howell Hudson Hutchinson Johnson Joiner Jordan, G. Jordan, H. S. Keyton Knowles Lane, W. J. Leonard Lewis Lowrey Matthews, D. R. Mauldin Merritt

Miles Milford Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R.
Potts Reaves Roach Rush Salem Scarlett Simmons Smith, J. R. Smith, V. T. Sorrells Sweat

TUESDAY, JANUARY 20, 1970

421

Toles Vaughn Westlake

Wheeler, Bobby Wheeler, J. A. Wilkerson

Williams

Those voting in the negative were Messrs.:

Alexander Atherton Blalock Brown, B. D. Brown, C. Burruss
Connell Conner Crowe Daugherty DeLong Dixon Egan
Ellis Ezzard Farmer Geisinger Gignilliat

Hamilton Hawes Henderson Hill, B. L. Hood Horton Jones, Herb Jones, M. Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Marcus Mason McClatchey McDaniell

Odom Peters Phillips, G. S. Pickard Pinkston Scarborough Shanahan Sherman Simkins Sims Snow Thomason Thompson, A. W. Thompson, R. Townsend
Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Battle Bell Bennett Bohannon Bond Bostick Brantley, H. H. Brooks Buck Carnes Clarke
Cole Cook Dean, J. E.

Dent Dodson Evans Parrar Felton Floyd, J. H. Floyd, L. R. Gary Gunter Hale Higginbotham Jones, C. M. Keen Levitas Longino Matthews, C.

Maxwell McCracken Melton Miller Nash Poole Rainey Ross Rowland Russell Shepherd
Wamble Ware Whaley Winkles Mr. Speaker

On the adoption of the amendment, to the Bostick amendment, the ayes were 94, nays 53.

The amendment, to the Bostick amendment, was adopted.

422

JOURNAL OP THE HOUSE,

On the adoption of the Bostick amendment, 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 Berry Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Caldwell Gates Chandler Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas
Edwards
Ellis
Ezzard
Fallin
Farmer
Felton

Floyd, J. H. Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway 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, Herb Jordan, G. Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bil) Leonard Lewis Longino Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
McClatchey
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. Pickard Pinkston Poole Potts Reaves Roach Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T.
Snow
Sorrells
Sweat
Thompson, A. W.
Thompson, R.
Toles

TUESDAY, JANUARY 20, 1970

423

Vaughn Ware Westlake Whaley

Wheeler, Bobby Wheeler, J. A. Wilkerson Williams

Wilson Wood

Those voting in the negative were Messrs.:

Egan Hamilton Harris, J. R.

Jones, M. Lambert Lee, W. S.

Thomason Townsend

Those not voting were Messrs.:

Ballard Barfield Bell Bennett Bond Brantley, H. H. Buck Busbee Games Clarke Cole Cook

Dean, J. E. Dent Evans Farrar Floyd, L. R. Funk
Hale Higginbotham Jones, C. M. Jordan, H. S. Keen Levitas

Matthews, C. Maxwell McCracken Melton Miller Rainey Ross Rowland Russell Wamble Winkles Mr. Speaker

On the adoption of the amendment, as amended, the ayes were 151, nays 8.

The amendment, as amended by the Collins amendment, was adopted.

Mr. Dean of the 76th wished to be recorded as voting "aye" on the Bostick amendment, as amended.

Mr. Jones of the 59th wished to be recorded as voting "aye" on the Bostick amendment, as amended.

Paragraph 1, as amended, was adopted.

By unanimous consent, the Clerk was directed to correct the remaining sec tions accordingly.

424

JOURNAL OF THE HOUSE,

The following paragraph was read:

Paragraph 2. Qualifications of Elected Executive Officers. No per son shall be eligible to hold any elective executive office of this State unless he shall have been a citizen of the United States for a least fifteen years and shall have resided in this State at least six years im mediately preceding the time of the beginning of the term of office to which he was elected or the time of his appointment and shall be at least thirty years, and not more than seventy years, of age when elected or appointed. No person shall be elected or appointed Attorney General unless at the time of the beginning of the term of office to which he was elected or the time of his appointment he shall have practiced law in the State for at least ten years and shall be qualified at the time of his election or appointment to practice law in the Courts of this State. The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office.

The following amendment was read and adopted:
Mr. Douglas of the 42 moves to amend HR 514-1028 Committee Substitute, Article 4, Paragraph 2, by adding after the word "years" in line 22 the words "immediately preceding his election or appointment".
Paragraph 2, as amended, was adopted.
The following paragraphs were read and adopted:
Paragraph 3. Other Executive Officers. The General Assembly shall have the power, not inconsistent with the provisions of this Con stitution, to create other executive officers not provided for in this Constitution and prescribe each of such officer's respective qualifications, duties, authority, compensation, term, and method of appointment or selection.
Paragraph 4. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirmation as may be prescribed by law.
Section 1, as amended, was adopted.

The following paragraphs were read and adopted:
SECTION 2
DUTIES AND POWERS OF GOVERNOR
Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such

TUESDAY, JANUARY 20, 1970

425

powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.
Paragraph 2. Veto Power. Except as otherwise provided herein, the Governor shall have the right to review all bills and all resolutions intended to have the effect of law which have been passed by the General Assembly before they shall become law. He may veto, approve, or take no action on any such bill or resolution. In the event the Gover nor vetoes any such bill or resolution, the General Assembly may by a two-thirds vote, override such veto as provided in Article 2, Section 5, of this Constitution.
Paragraph 3. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor who shall be Commander-in-Chief of the militia. The General Assembly shall have the authority to provide for trial by courtsmartial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon, and rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia.
Paragraph 4. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death until the State Board of Pardons and Paroles shall have an opportunity of hear ing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason, the Governor may only suspend the execution of the sentence and re port the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve.
Paragraph 5. Law Enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the State.
Paragraph 6. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of Representatives, where such vacancy would cause a district to be without full representation in a session of the General Assembly. The General Assembly shall provide by law the procedure relative to the issuance of such writs and the election to fill such vacancies.

Paragraph 7. Information and Recommendations to the General Assembly. The Government shall give the General Assembly, at the beginning of each regular session and from time to time, information of the state of the State and recommend to its consideration such mea sures as he may deem necessary or expedient.

Paragraph 8. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary ses-

426

JOURNAL OF THE HOUSE,

sion whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session or in any amendment to such proclamation. It shall be mandatory upon the Governor to con voke the General Assembly in extraordinary session for all purposes whenever three-fifths of the members elected to each house certify to him, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to so do within three days, Sundays excluded, after receipt of such certification, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extra ordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed.
Paragraph 9. Filling Vacancies. Unless otherwise provided for in this Constitution, the General Assembly is hereby authorized to pro vide by law the manner in which a vacancy in any public office shall be filled. If no provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a per son to fill such vacancy for the unexpired term.
Paragraph 10. Information from Officers and Employees. The Governor may require information in writing from constitutional offi cers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have the authority to provide by law for the suspension of any constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable per son to discharge the duties of the same.
Paragraph 11. Appointments by Governor; Method; Rejection; Failure to Submit. The Governor shall make such appointments as he is or may be authorized to do by this Constitution or by law. All such appointments to offices or positions created by this Constitution or by law, unless otherwise specifically provided in this Constitution or by law, shall be submitted by the Governor to the Senate for confirmation or rejection within ten days after the General Assembly next convenes in regular session, or, if the General Assembly is in regular session when the appointment is made, not less than ten days before the end of such session, or if made within ten days of adjournment, then not later than the day after such appointment. No person after being re jected by the Senate shall again be appointed to the same office for a period of at least one year after the date the Senate failed to confirm such appointment. The failure of the Governor to send to the Senate the name of any person appointed to office as herein provided shall be equivalent to a rejection thereof. The failure of the Senate to confirm or reject the appointment of any person whose name is submitted to the Senate as herein provided shall be equivalent to confirmation thereof. No Governor, after his successor is elected, shall submit appointments to the Senate prior to his successor's taking office.
Section 2, in its entirety, was adopted.

TUESDAY, JANUARY 20, 1970

427

The following paragraphs and sub-paragraphs were read and adopted:
SECTION 3
ELECTION AND DUTIES OF LIEUTENANT GOVERNOR
Paragraph 1. Election of Lieutenant Governor. The Lieutenant Governor shall be elected at the same time and for the same term as the Governor.
Paragraph 2. Duties of Lieutenant Governor. The Lieutenant Governor shall be the presiding officer of the Senate and shall have no vote except to break a tie. He shall perform such other duties as may now or hereafter be prescribed by this Constitution or by law.
Paragraph 3. Exercise of Executive Power.
(a) In case of the death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which time a successor to the Governor shall be elected for the unexpired term. If such death, resignation or removal from office shall occur within thirty (30) days of the next general election, or if the term will expire within ninety (90) days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the same compensation as the Governor until the cessation of such disability. The General Assembly shall provide by law the amount of compensation which shall be received by a Governor suffering from disability.
(b) In the event the Governor-elect who is elected for a full term, because of death or other reason, does not take office as Governor, the Lieutenant Governor-elect upon becoming Lieutenant Governor, shall exercise the executive power and receive the compensation of the Gover nor until the next general election, at which time a successor to the Governor shall be elected for the unexpired term.
(c) In the event the Governor-elect who is elected to fill an unex pired term, because of death or other reason, does not take office as Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for said unexpired term.
Section 3, in its entirety, was adopted.

The following paragraphs were read and adopted:
SECTION 4
EXERCISE OP EXECUTIVE POWER BY PERSONS OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR
Paragraph 1. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker

428

JOURNAL OF THE HOUSE,

of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the next general elec tion, at which time a successor to the Governor shall be elected for the unexpired term. If such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of disability of both the Governor and Lieutenant Gover nor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the disability of one of them is removed.

Paragraph 2. Exercise of Executive Power by Others. The General Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, removal from office, or disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives. In case of disability of the Governor, Lieutenant Gov ernor, and Speaker of the House of Representatives, the person upon whom the executive power shall have devolved shall exercise such power and receive the compensation of the Governor until the disability of one of them ceases. In case of the death, resignation, or removal from office of the Governor, Lieutenant Governor, and Speaker of the House of Representatives, such person shall exercise the executive power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by law.

Section 4, in its entirety, was adopted.

The following paragraph was read:
SECTION 5
DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS
Paragraph 1. Duties and Powers of Other Elected Executive Offi cers. The Secretary of State, Attorney General, Comptroller General, Treasurer, and Commissioner of Agriculture shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and au thorities of each of such officers, and shall provide for necessary ex penses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the chief legal officer of the State and the chief legal advisor to the Governor and executive officers, and to repre sent the State in all civil and criminal cases in any Court when required by the Governor or when the State has an interest in such a case, and to perform such other services as may be required of him by law.
The following amendment was read and adopted:

TUESDAY, JANUARY 20, 1970

429

Messrs. Parker of the 44th and Collins of the 72nd move to amend the Committee Substitute to HR 514-1028, as follows:
By inserting in Article 4, Section 5, Paragraph 1 the words, "State school superintendent" after the word "Treasurer,".
Paragraph 1, as amended, was adopted.

The following paragraph was read and adopted:
Paragraph 2. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.
Section 5, as amended, was adopted.

The following paragraph was read:
SECTION 6
DISTRICT ATTORNEYS
Paragraph 1. Number, Term of Office, Vacancies. There shall be a District Attorney for each judicial circuit elected and appointed as necessary in the same manner as the respective circuit Superior Court Judges, who shall represent the State in all criminal cases in the Su perior Courts of his circuit and all criminal cases appealed from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office shall be four years and whose qualifications, limitations, other duties, and compensation shall be prescribed by the General Assembly.

The following amendment was read and adopted:
Mr. Harris of the 77th moves to amend the Committee substitute to HR 514-1028 as follows:
By adding at the end of Paragraph 1, Section 6, Article 4, on page 42 a new sentence to read as follows:
"The General Assembly may authorize and direct any county to supplement the salary of the District Attorney for the Judicial Circuit in which such county lies out of county funds; provided, however, where such salary is, at the time of the effective date of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered, changed or repealed by the General Assembly."

Paragraph 1, as amended, was adopted.

Section 6, as amended, was adopted.

430

JOURNAL OP THE HOUSE,

The following paragraph was read:

SECTION 7

ELECTIONS

Paragraph 1. First Election of Executive Officers. The first elec tion for Governor, Lieutenant Governor, Secretary of State, Attorney General, Comptroller General, Treasurer, and Commissioner of Agricul ture under this Constitution shall be held at the time of the general election in 1974 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner prescribed by the pro visions herein and such officers shall be installed in office on the Tues day following the first Monday in February following the general elec tion.

By unanimous consent, the Clerk was directed to correct the following where the same may appear in Paragraph 1 and throughout the Resolution:
Delete the words "first Monday in February" and substitute the words "second Monday in January".

Paragraph 1 was adopted.

The following paragraphs were read and adopted:
Paragraph 2. Transmission, Canvassing, and Publishing Election Returns. The returns of each election district in a gubernatorial elec tion shall be sealed by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tues day next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairmen of all standing committees of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.
Paragraph 3. Run-off Election. In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall con tinue the gubernatorial election by immediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the second Tuesday immediately following the general election

TUESDAY, JANUARY 20, 1970

431

unless the date thereof shall be changed by law. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein, and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The pro visions relating to the transmission of the returns in the general elec tion, the opening of the returns, their tabulation, canvassing, and publi cation shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Gover nor of this State.

Paragraph 4. Manner of Election of Other Executive Officers. The Secretary of State, Attorney General, Comptroller General, Treas urer, and Commissioner of Agriculture shall be elected in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation, and canvassing of the returns of the election, run-off elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers.

Paragraph 5. General Assembly May Provide Additional Pro cedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter em braced within Paragraphs 2, 3, and 4, of this section and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.

Section 7, in its entirety, was adopted.

The following paragraph was read:
SECTION 8
CONSTITUTIONAL BOARDS AND COMMISSIONS
Paragraph 1. Continuation of Existing Boards and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the ef fective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and con firmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. In addition to such powers and duties as may be prescribed in this Constitution, the General Assembly shall define by law the powers, duties, qualifications, and compensation of the mem-

432

JOURNAL OF THE HOUSE,

bers of such Boards and Commissions and of the Directors, except that the compensation of the members of the Public Service Commission and the State Board of Pardons and Paroles shall not be increased or di minished during the term of office for which such members were elected or appointed. Such Boards and Commissions shall have such other pow ers and duties as may be prescribed by law.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend the Committee substitute to HR 514-1028 as follows:
By deleting the word "increased or" from Article 4, Section 8, Para graph 1.

The paragraph, as amended, was adopted.

The following subparagraphs were read and adopted:
(a) State Board of Pardons and Paroles. The State Board of Par dons and Paroles shall be composed of not less than five members and shall be vested with and shall exercise all of the powers of executive clemency except as otherwise provided in this Constitution. The Gen eral Assembly shall provide by law for the composition of the State Board of Pardons and Paroles and the term of its members. The General Assembly shall provide by law the manner in which the Board is to exercise its powers. The Governor shall not be a member of such Board. Its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the Statewide Pro bation System.
(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Commission shall consist of five mem bers who shall be elected by the people. The terms of members shall be for six years, dating from the expiration of the previous terms of its members. A Chairman shall be selected by the members of the Com mission from its membership. In case of any vacancy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the Tuesday following the first Monday in Febru ary after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
The following subparagraph was read:
(c) State Personnel Board. The State Personnel Board shall ad minister a State Merit System under which the State personnel under

TUESDAY, JANUARY 20, 1970

433

such system shall be selected on a basis of merit, fitness, and efficiency, as may be provided by law. The Board shall be composed of three mem bers who shall serve for terms of seven years, dating from the expira tion of the previous terms of its members. No State official or em ployee shall be a member of the Board.

The following amendment was read and adopted:
Messrs. Melton of the 32nd, Floyd of the 7th, Wood of the llth and Ware of the 30th move to amend the Committee substitute to HR 5141028 as follows:
By adding at the end of subparagraph (c) of Paragraph 1 of Sec tion 8 of Article 4 the following:
" (1) Veterans Preference. Any veteran who has served as a. member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces, of the United States engaged, whether under United States com mand or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program es tablished in the State government or any political subdivision there of as may be determined by appropriate action of the General As sembly.
Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean and Vietnam conflicts and who was honorably dis charged therefrom shall be entitled to and shall receive the fol lowing preference in taking a competitive examination for em ployment with the State government or any political subdivision thereof:
a. Such veteran who has at least a ten per centum service con nected disability as rated and certified by the Veterans Adminis tration shall be entitled to and shall have ten points added to his passing score on such examination; and
b. Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination." Sub-section (c), as amended, was adopted.
The following amendment was read and adopted:
Messrs. Melton of the 32nd, Ployd of the 7th, Wood of the llth and Ware of the 30th move to amend Committee substitute to HR 514-1028 as follows:
By adding a new subparagraph at the end of Paragraph 1 of Sec tion 8 of Article 4, to be designated subparagraph (d), to read as fol lows:

434

JOURNAL OF THE HOUSE,

" (d) Veterans Service Board. The Veterans Service Board shall be composed of seven members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. Said Board shall elect a Director who shall be the executive officer of the Board and the administrative head of the State Department of Veterans Service. All members of the Board and the Director shall be veterans of some armed conflict in which the United States has engaged with some foreign power."

Paragraph 1, as amended, was adopted.

Section 8, as amended, was adopted.

Article 4, as amended, was adopted.
The following paragraph was read and adopted:
ARTICLE 5
FINANCE, TAXATION, AND PUBLIC DEBT
SECTION 1.
POWER OF TAXATION
Paragraph 1. Taxation, a Sovereign Right. The right of taxation is a sovereign right -- inalienable, indestructible -- is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said gov ernment, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every pur pose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.

The following paragraph was read:
Paragraph 2. Taxation for Public Purposes Only. The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; provided, however, a county may limit any license fee or occupational tax to businesses located in the unincorporated area thereof.

TUESDAY, JANUARY 20, 1970

435

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend HR 514-1028 as follows:

By striking in its entirety Paragraph 2 of Section 1 of Article 5 and substituting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Taxation for Public Purposes only.
(a) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise pro vided in this Paragraph and in this Constitution.

(b) Notwithstanding the requirements of uniformity provided above, the General Assembly may provide that a particular tax, license or fee may be levied or imposed only in the unincorporated areas of a county.

Paragraph 2, as amended, was adopted.

The following paragraphs were read and adopted:
Paragraph 3. Taxing Power Limited:
(a) Donations and Gratuities. Neither the General Assembly nor any municipal corporation, public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation, or association, nor grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into.
(b) The General Assembly may authorize any department, commis sion or agency of the State to receive federal funds or grants and may authorize such receiving department, commission, or agency to expend or disburse such funds in accordance with the terms and conditions, under which they were received; provided, however, no State funds may be expended or disbursed in violation of this Constitution.
(c) The levy of ad valorem taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections or defending the State in time of" war, shall not exceed one-fourth mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly, for the taxation of the shares of stock of banking corpora tions and other monied capital coming into competition with such bankingcorporations, such property may be taxed at a rate not exceeding fivemills on each dollar of the value thereof.

436

JOURNAL OF THE HOUSE,

Paragraph 4. Uniformity; Classification of Property.

(a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal proper ty including money. The General Assembly shall have the power to clas sify intangible personal property including money for taxation, and to adopt different rates and different methods for different classes of
such property.

(b) The General Assembly may treat any and all motor vehicles, including trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property and enact legislation consistent herewith to prevent any person, firm, or corporation from escaping payment of their fair share of taxes on said motor vehicles.

(c) The General Assembly may treat mobile homes as a separate class of tangible property for property tax purposes, adopt different rates, methods, or assessment dates for the taxation of such property, and may apply such provisions for homestead exemption not exceeding the homestead exemption provisions in this Constitution for real estate, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said mobile homes. The General Assembly may define by law what property shall constitute a mobile home for the purposes of this para
graph.

(d) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties, nor at a lesser basis of value nor at a lower rate of taxation than other properties.
Paragraph 5. Income Tax. The General Assembly may by law de fine the income upon which income taxes may be levied by reference to provisions of the laws of the United States in effect from time to time whether retroactive or prospective in their operation. The General Assembly may in any such law provide for exceptions or modifications to any of such provisions of the laws of the United States.

The following subparagraphs of subparagraph (a) of Paragraph 6 were read and adopted:
Paragraph 6. Property Exempt from Taxation.
(a) The General Assembly may exempt any of the following proper ty, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe.
(1) Property owned by the United States of America, the State of Georgia, any state of the United States, any foreign state, or any governmental division or instrumentality thereof.

TUESDAY, JANUARY 20, 1970

437

(2) Places of religious worship and all property owned by re ligious groups used only for a single family residential purposes and for which no payment of value for the use thereof is made.

(3) Property publicly identified as a cemetery or mausoleum and used exclusively for the burial of human remains.

(4) Property of institutions of purely public charity used ex clusively for public charity from which no income is derived.

(5) All intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational, and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person.

(6) All buildings erected for and used as a college, incorporated academy, or other seminary of learning; all funds or property held or used as an endowment by such colleges, incorporated academies,, or seminaries of learning, provided the same is not invested in real estate, and provided further that all the income and profits from such endowment is used exclusively for the purpose of maintaining and operating such institution. The exemption provided for in this subparagraph shall only apply to such colleges, incorporated acad emies or other seminaries of learning as are open to the general public, and no part of the net profit from the operation of which can inure to the benefit of any private person.

(7) The real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary kept in a public hall and not held as merchandise or for purposes of sale or gain and from which the owner derives no income.

The following subparagraph was read:
(8) Farm products grown or produced in this State, including, but not limited to livestock, poultry, and baled cotton and remaining in the hands of the producer. Farm products grown or produced in this State including, but not limited to, livestock, poultry, and baled cotton while held in the raw and natural state, regardless of owner ship, while in storage in a licensed or bonded warehouse. No such farm products may be exempted longer than for the year next after their production.

The following amendment was read:
Mr. Parker of the 46th moves to amend the Committee substitute toHR 514-1028 as follows:
By inserting between the word "poultry" and the word "and"* wherever the same may appear in subdivision (8) oof subparagraph (a)

438

JOURNAL OF THE HOUSE,

of paragraph 6 of Section 1 of Article 5 the word and comma "peanuts,", so that subdivision (8) of subparagraph (a) of paragraph 6 of Sectioon 1 of Article 5 when so amended shall read as follows:

"(8) Farm products grown or produced in this State, includ
ing, but not limited to livestock, poultry, peanuts, and baled cotton and remaining in the hands of the producer. Farm products grown or produced in this State including, but not limited to, livestock, poultry, peanuts, and baled cotton while held in the raw and natural state, regardless of ownership, while in storage in a licensed or bonded warehouse. No such farm products may be exempted longer than for the year next after their production."

The following amendment to the Parker amendment was read and adopted:
Mr. Pafford of the 64th moves to amend the Parker amendment to the Committee substitute to HR 514-1028 by adding to Article 5, Para graph 6, subparagraph A-8 after the word "livestock" on line 9 the words "corn and tobacco" and by adding after the word "livestock" on line 12 the words "corn and tobacco".

The Parker amendment, as amended, was adopted.

Subparagraph (8), as amended, was adopted.

The following subparagraphs were read and adopted:
(9) Intangible personal property owned by a trust forming a part of a pension, profit sharing, or stock bonus plan, if such a trust is ex empt from federal income tax under the Federal Internal Revenue Code.
(10) Any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution.
(11) All tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income.
(12) Personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, and tools and im plements of trade of manual laborers, except that no exemption is au thorized hereunder for motor vehicles.

The following amendment was read and adopted:
Mr. Caldwell of the 39th moves to amend the Committee substitute to HR 514-1028, Article 5, Section 1, Paragraph 6 by adding a new subparagraph to be numbered Subparagraph (13) to read as follows:

TUESDAY, JANUARY 20, 1970

439

All property held by and belonging to non-profit corporations created and opened for the purpose of providing water supply or sew erage disposal, or a combination of such service.

The following amendment was read:
Mr. Murphy of the 19th moves to amend the Committee substitute to HR 514-1028 by adding the following new Subparagraph (14) to Article 5, Section 1, Paragraph 6 (a) :
(14) The bonds and other evidence of indebtedness issued by the United States of America, the State of Georgia, any State of the United States or any governmental division or instrumentality thereof.
(b) The General Assembly may provide relief from any multi ple taxation to which intangible property may be subject by reason of its having acquired a taxable situs in more than one taxing jur isdiction.
(c) The General Assembly may provide that there shall be exempt from all ad valorem intangible taxes in this State, the com mon voting stock of a subsidiary corporation not doing business in this State, if at least ninety percent of such common voting stock is owned by a Georgia corporation with its principal place of busi ness located in this State and was acquired or is held for the pur pose of enabling the parent company to carry on some part of its established line of business through such subsidiary.

The following amendment to the Murphy amendment was read:
Mr. Levitas of the 77th moves to amend the Murphy Amendment to the Committee substitute to HR 514-1028 by deleting from the Murphy Amendment the last paragraph (Section C).

On the adoption of the Levitas amendment to the Murphy amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Ballard Barber Barfield Bell Bennett Black

Blalock Bond Brantley, H. L. Brown, B. D. Brown, C. Burruss Collier Collins, S.

Cooper Crowe Dailey Daugherty Davis, W. Dean, J. E. Dent Dixon

440
Douglas Edwards Egan Ezzard Pallin Farmer Farrar Floyd, L. R. Funk Gary Gay nor Geisinger Grahl Graves Hamilton Harris, J. F. Harris, J. R. Henderson Horton Housley Hutchinson Johnson Joiner Jones, C. M. Jones, Herb

JOURNAL OF THE HOUSE,

Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Marcus Mason Matthews, C. McDaniell Merritt Milford Moore Morris Mullinax Nash Nessmith

Nunn Odom Pafford Paris Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R. Poole Potts Scarborough Simkins Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Ware Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.:

Berry Bohannon Busbee Chandler ollins, M. Colwell Conger Connell Davis, E. T. Dean, N. Dickinson Dodson Dorminy

Felton Gignilliat Griffin Hargrett Harrison Higginbotham Hudson Lambert Lowrey Matthews, D. R. Mauldin Maxwell Miles

Moate Murphy Parker, C. A. Peters Pinkston Ross Scarlett Shanahan Sherman Simmons Smith, J. R. Westlake Whaley

'Those not voting were Messrs.:

Adams Atherton Battle Bostick Bowen Brantley, H. H. Bray Brooks

Buck Caldwell Carnes Gates Clarke Cole Conner Cook

DeLong Ellis Evans Floyd, J. H. Gunter Hadaway Hale Harrington

TUESDAY, JANUARY 20, 1970

441

Harris, R. W. Hawes Hill, B. L. Hill, G. Holder Hood Howell Keen Lane, W. J. McClatchey McCracken

Melton Miller Northcutt Phillips, G. S. Pickard Rainey Reaves Roach Rowland Rush Russell

Salem Shepherd Sims Thompson, R. Townsend Vaughn Wamble Wilkerson Winkles Wood Mr. Speaker

On the adoption of the amendment, the ayes were 99, nays 49.

The amendment to the Murphy amendment was adopted.
The Murphy amendment, as amended, was adopted.
Subparagraph (a), as amended, was adopted.
The following subparagraph of subparagraph (b) was read and adopted:
(b) Homestead Exemptions. The General Assembly may provide exemptions from ad valorem taxes on homesteads owned and occupied as residences by residents of this State and may establish classes of persons and the maximum amount of exemption therefor as follows:
(1) American veterans of any war or armed conflict who are totally disabled as a result of service connected disabilities sustained during service in the Armed Forces, in an amount not to exceed $10,000.00.
The following subparagraph was read:
(2) Persons having limited incomes as defined by law and 65 years of age or over, in an amount not to exceed $4,000.00.
The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend Committee substitute to HR 514-1028 as follows:

442

JOURNAL OF THE HOUSE,

By deleting the figure $4,000 and inserting the figure $6,000 in Article 5, Sec. 1, page 6 (b) (2).

Subsection (2), as amended, was adopted.

The following subsection was read:
(3) All other persons in an amount not to exceed $2,000.00. An exemption claimed hereunder must be claimed in the manner pre scribed by the General Assembly.

The following amendment was read and adopted:
Mr. Douglas of the 42nd moves to amend the Committee substitute to HR 514-1028 as follows:
By deleting the figure $2,000 and substituting in lieu thereof the figure $4,000 in Article 5, Paragraph 6, Subparagraph (b), (3).

Subparagraph (3) of subparagraph (b), as amended, was adopted.

Subparagraph (b), as amended, was adopted.

The following subparagraph (c) was read and adopted:
(c) All laws exempting property from taxation, other than the property enumerated in this Constitution, shall be void.

Section 1 was adopted, as amended.

The following paragraphs were read and adopted:
SECTION 2.
PURPOSES AND METHODS OP TAXATION
Paragraph 1. State Monies to General Fund; Sale of Certain State properties; Use of Proceeds.
(a) All money collected from taxes, fees, and assessments for State purposes under laws enacted by the General Assembly shall be

TUESDAY, JANUARY 20, 1970

443

paid into the general fund of the State Treasury to be appropriated therefrom solely in the manner required by this Constitution and to be expended solely for the purposes authorized by this Constitution.

(b) The State shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Authority shall sell or lease any real property owned by it except as now or here after provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any authority or public corpora tion the payment of which is secured by a contract with the State or any department or agency thereof.

Paragraph 2. Taxation, How and for What Purposes Exercised. Except as otherwise provided herein, the powers of taxation over the whole State shall be exercised by the General Assembly for any public purpose. The following are specifically declared to be public purposes, but this listing is neither exclusive nor exhaustive.

(a) For the support of the State Government and the public institu tions.

(b) To support public schools, public education, and activities neces sary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly.

(c) To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.

(d) To suppress insurrection, to repel invasion, and to defend the State in time of war.

(e) To make provision for the payment of pensions to ex-Con federate soldiers and to the widows of Confederate soldiers who are unmarried.

The following subparagraph was read:
(f) To construct and improve State-owned buildings and properties, and to construct, maintain or aid in the construction or maintenance of systems of publicly owned highways, streets, sidewalks, bridges, air ports, docks, and mass transit systems for transportation of passengers for hire as the General Assembly may consider necessary for the public interest.

444

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Carnes of the 104th moves to amend Committee substitute to HE 514-1028 as follows:

By striking Subsection (f) of Article 5, Section 2, Paragraph 2, and inserting in lieu thereof the following: To construct and improve
State-owned buildings and properties, and to plan, construct, maintain, acquire, operate or aid in the planning, construction, maintenance, ac
quisition or operation of systems of publicly owned highways, streets, sidewalks, bridges, airports, docks, and mass transit systems for the transportation of passengers for hire as the General Assembly may consider necessary for the public interest.

Subparagraph (f), as amended, was adopted.

The following subparagraphs of Paragraph 2 were read and adopted:
(g) To provide for such programs of public health and welfare as authorized by law.
(h) To provide insurance and retirement benefits compensatory in nature, for public officers and employees and public school employees, including but not limited to teachers, school bus drivers, school lunch room personnel, school maintenance personnel, and school custodial per sonnel, their dependents and survivors, and to make such employer con tributions under federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be au thorized by law.
(i) To support retirement systems which have been or which may hereafter be created by law; provided, that any retirement system created after the effective date of this Constitution shall be actuarially sound.
(j) To advertise and promote the agricultural, industrial, historic, recreational, and natural resources of the State.
(k) To make grants to municipal corporations and counties for general or special purposes as may be authorized by law.
(1) To make loans to local public industrial development agencies to be secured or guaranteed by the pledge of the full faith, credit, and taxing power of the local government to be served, in such manner as shall be authorized by law.
(m) Notwithstanding any other provisions of this Constitution, the General Assembly is hei'eby authorized to provide by law for a program or programs of loans, scholarships and grants, and the insuring of

TUESDAY, JANUARY 20, 1970

445

loans and the payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide the procedure and other matters relative to such programs. Taxes may be levied and public funds expended for such purposes.

(n) Notwithstanding any other provisions of the Constitution, the General Assembly is hereby authorized to provide by law for the indemni fication with respect to death, personal injury, or property damage susstained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such idemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the pay ment of such indemnification and for the purpose of implementing any law authorized by this subparagraph.

(o) Notwithstanding any other provisions of this Constitution, un til changed by law, the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new busi ness, industry, and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide in dustrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry, or tourism within the State. All such expendi tures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months.

(p) Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the in demnification with respect to death, personal injury, or property damage sustained and for which the State is liable, or for which immunity has been waived by the General Assembly under general law. Taxes may be levied and public funds expended for such purposes.

The following amendment was read and adopted:
Messrs. Farrar of the 77th and Barber of the 15th move to amend the Committee substitute to HR 514-1028 as follows:
By adding at the end of Paragraph 2 of Section 2 of Article 5 an additional subparagraph to be designated subparagraph (Q) and to read as follows:
"(Q) Any other provisions of this Constitution to the con trary notwithstanding, the General Assembly is hereby authorized to provide by law for the increase or decrease of retirement or pension benefits of retired persons who retired pursuant to the provisions of the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia. The authority herein

446

JOURNAL OF THE HOUSE,

granted shall not be exercised in such a manner as to adversely affect the actuarial soundness of any such retirement or pension. system."

Paragraph 2, as amended, was adopted.
Section 2, as amended, was adopted.
By unanimous consent, the House reconsidered its action in adopting Article 5, Section 1, Paragraph 1.
The following amendment was read and adopted: Mr. Simkins of the 78th moves to amend Committee substitute to
HR 514-1028 as follows: By striking the period at the end of line 16 and adding the follow
ing "except as hereinafter porvided for" in Article 5, Section 1, Para graph 1.
Paragraph 1, Section 1, of Article 5 was adopted, as amended.

By unanimous consent, the House reconsidered its action in adopting Article 5, Section 1, Paragraph 6 (c).
An amendment, offered by Mr. Simkins of the 78th, was read and lost*
Article 5, Section 1, Paragraph 6 (c) was again adopted. Paragraph 6, as amended, was again adopted. Section 1, as amended, was again adopted.

By unanimous consent, Section 3 was postponed until tomorrow. The following paragraphs were read and adopted:

TUESDAY, JANUARY 20, 1970

447

SECTION 4.

LOCAL TAXATION

Paragraph 1. Powers of Local Government. The General Assembly may authorize any county, municipal corporation, or other political subdivision to exercise the power of taxation for any public purpose as defined by general law or in this Constitution, and unless otherwise pro vided in this Constitution or by law, no levy need state the particular purposes for which the same was made, nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the
General Assembly or in this Constitution.

Paragraph 2. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an Act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authoriz ing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor.

Paragraph 3. Local Taxation for Education. The school boards of each county or area school district shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar, upon the assessed value of all taxable property within the county or district located outside any independent school system or area school district therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recom mended by the governing body of said system. The levy made by an area board of education shall be in such amount and within such limits as may be prescribed by local law applicable thereto, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education and activities necessary or incidental thereto, including school lunch pur poses. The tax shall be collected in the same manner as the State levy is collected. Provided the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions of the 1945 Constitution.

Paragraph 4. Increasing or Removing School Millage Limitation. The twenty mill limitation provided in Paragraph 3 above may be re moved or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the Court of Ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolu tion, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less

448

JOURNAL OF THE HOUSE,

than twenty nor more than thirty days from the date of the issuance of the call, and the Judge of the Court of Ordinary or the proper authori ties, as the case may be, shall have the date and purpose of the election published in the official organ of the county once a week for two weeks,
preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the countjr or area board of education may recommend any number of mills for the purposes set out in Paragraph 3 above. In lieu of recommending that the limitation be removed entirely, the county or area board of educa tion may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal, and if the proposal is favorably voted upon, the county or area board may recommend up to the specified amount. It shall be the duty of the Judge of the Court of Ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns, and to declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be.

Paragraph 5. Taxing Power and Contributions of Counties, Mu nicipal Corporations, and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation, or po litical subdivision of the State, through taxation, contribution, or other wise, to become a stockholder in any company, corporation, or associa tion, or to appropriate money for, or to loan its credit to any corpora tion, company, association, institution, or individual except for purely charitable purposes. This restriction shall not operate to prevent the sup port of schools by municipal corporations within their respective limits.

Paragraph 6. Intergovernmental Contracts.

(a) Contracts for Use of Public Facilities. The State, State institu tions, any municipal corporation, or any county of this State may con tract for any period not exceeding fifty years, with each other or with any public agency, public corporation, or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, State institutions, any municipal corporation, county, public agency, public corporation or authority, pro vided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.

(b) Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may contract with any public agency, public corporation, or authority for care, transportation, treat ment, maintenance, and hospitalization for its indigent and obligate it self to pay the costs thereof, the cost of acquisition, construction, mod ernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and main taining such buildings and facilities.

TUESDAY, JANUARY 20, 1970

449

(c) Local Taxation Authorized. Any county, municipal corpora tion, school district, or any other political subdivision, having the power to tax, may exercise such power to the extent necessary to pay the obligations contractually incurred under this Section and may also ex pend any other public funds, from whatever source derived for such purpose.

Paragraph 7. Local Debt Limitation.

(a) Debts of Counties, Municipal Corporation, and School Districts The debt of any county, municipal corporation, county school district, area school district or other political subdivisions except as in this Constitution otherwise provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district, area school dis trict, or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this paragraph, ex cept for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified electors thereof voting in an election for that purpose held as prescribed by law. Registration of electors for any such election shall be as provided for general elections and the General Assembly shall have no power to provide any form of special registration of electors for any such elec tion. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness; provided, however, the limitation herein contained shall not apply to any school system which has heretofore exempted itself from same under the provisions
of the 1945 Constitution.

Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the federal government, or any agency thereof, to aid in financing the cost of studies, plans, surveys, and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph.

Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding pro visions of this paragraph and debt created for such purposes may be incurred without any election, but the same must be repaid in equal annual installments within not more than seven years from the date of its creation, and the interest payable thereon shall not exceed an amount set by law; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith shall have been approved by the State Revenue Commissioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Commis sioner's rules and regulations.

450

JOURNAL OF THE HOUSE,

(b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision upon an addi tional three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional in debtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.

(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any out standing bonded indebtedness provided that the issuance of such re funding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refund ing bonds will reduce the total combined principal and interest pay able on such outstanding bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded.
(d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.

(e) Sinking Fund Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the gov erning authorities of such county, municipal corporation, county school district, area school district, or other political subdivision in obligations of, or unconditionally guaranteed by, the United States Government; in obligations of the State of Georgia; in obligations of any authority or public corporation, the payment of which is unconditionally guaranteed by the State of Georgia, or the payment of which is secured by a con tract, the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct gen eral obligation bonds, which have been validated as provided by law, of any county, municipal corporation, county school district, area school district or other political subdivision of this State.

(f) Temporary Loans. In addition to the other indebtedness per mitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is here by authorized to make temporary loans between January 1st and Decem ber 31st in each year to pay expenses for such year and may issue promissory notes or tax anticipation certificates to evidence any such indebtedness, and taxes anticipated to be collected may be pledged and incumbered and a lien created thereon as security for the payment of such promissory notes or of such tax anticipation certificates, provided that the aggregate of all such indebtedness outstanding shall not exceed

TUESDAY, JANUARY 20, 1970

451

seventy-five per centum of the total gross income received by such county, municipal corporation, county school district, area school dis trict, or political subdivision from taxes collected or received in the last preceding year, and all such indebtedness shall be payable on or before the close of the fiscal year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Constitution. No such temporary loan may be made in any year when there is a temporary loan then unpaid which was made in a prior year. No such county, municipal corporation, county school district, area school district or political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year.
(g) Levy of Taxes to Pay Indebtedness. Any county, municipal cor poration, county school district, area school district or other political subdivision which shall incur any indebtedness; including indebtedness incurred for property valuation and equalization programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and the in terest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitu tion for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary for such purpose. Any such taxes shall be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.

Paragraph 8. Revenue Obligations.

(a) Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the re quirements of the General Assembly such obligations shall not constitute indebtedness within the meaning of Paragraph 2 of Section 3 or Para graph 7 (a) or (b) of Section 4 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public pur pose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.

(b) Purposes for Which Authorized. Revenue obligations may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending, or improving any public property or facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage, garbage or sewage collection, treatment and disposal systems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibi tion facilities, beach erosion protection systems, public parking build ing and facilities, including parking meters, public facilities for mass

452

JOURNAL OF THE HOUSE,

transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be authorized by the General Assembly.

(c) Election Required for Gas or Electric Systems. However, be fore any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected. In other respects, such election shall be held in the same manner as an election under Paragraph 7(a). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding out standing obligations originally authorized and issued for the aforesaid purpose. After any such favorable election has been held, if counties, municipal corporations, or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the pro ceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipal corporation or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located
outside said county or counties shall be subject to taxation and regula tion as are privately owned and operated utilities.

The following sub-paragraph was read:

(d) Industrial Development Purposes. Revenue obligations may also

be issued to finance the cost of land, buildings, facilities, machinery, or

equipment to be sold or leased to a private business in the establishment

of a new plant or in the expansion of an existing facility, and also for in

dustrial development purposes as may be defined and authorized by law.

The General Assembly may authorize local taxation for industrial de

velopment purposes, as defined and authorized by law but such taxation

by any county, municipal corporation, or other political subdivision shall

not exceed two mills annually, and the proceeds of such tax shall not be

used for the repayment of any revenue obligation incurred for such

purpose.

'

An amendment, offered by Mr. Simkins of the 78th, was read and lost.

The sub-paragraph was adopted.

Paragraph 8 was adopted.

Section 4 was adopted.

Mr. Busbee of the 61st moved that the House do now adjourn until 12:15 o'clock, tomorrow afternoon and the motion prevailed.

The Speaker announced the House adjourned until 12:15 o'clock, tomorrow afternoon and HR 514-1028 was carried over as unfinished business.

WEDNESDAY, JANUARY 21, 1970

453

Representative Hall, Atlanta, Georgia Wednesday, January 21, 1970

The House met pursuant to adjournment at 12:15 o'clock, P.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Asbury Craft, Pastor, Elizabeth United Methodist Church, Chickamauga, Georgia:

Almighty God, our Heavenly Father; we gather to thank Thee for the many blessings we have received at Thy hand. We thank Thee, Heavenly Father, for the gift of life, for the privilege and opportunity of serving and especially we give Thee thanks for this great land of ours. We thank Thee for the faith of our fathers.
We thank Thee for the courage and bravery of our forefathers who braved the seas and the hard winter to establish a land where men might worship and serve Thee according to the dictates of their conscience. We thank Thee for the foundation that has been laid by our forefathers. We know Lord that our nation was founded for Thy glory and for the spread of Christianity.
We feel that we gather today under Thy care and benediction. We know that Thou art interested this day in the affairs of man. We feel that since not even a little sparrow can fall to the ground without your taking notice of it, that surely this group cannot meet without your interest.
We recognize today our humanity. We recognize that we are human and are subject to mistake. Therefore we humbly ask Thee to lend us guidance in every decision that we make. The forefathers prayed for Thy aid in building this nation. Help us to seek Thy aid in running this land.
Lord, save our land. Save us from those forces which would change our thinking on spiritual values. We recognize that our land believes in the separa tion of church and state, but Lord, save us from the separation of the morality and spirituality of religion from the state. Make us a light unto the rest of the world. Give us courage to face the uncertain future. We know not what the future holds for us, but we know that according to the Psalmist that we will be blessed if our God is the Lord. We know that if we will place our faith in Thee that all things will work together for good.
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.

454

JOURNAL OF 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1162. By Messrs. Murphy of the 19th, Paris of the 14th, Hudson of the 48th, Wheeler of the 57th, Knowles of the 22nd, Higginbotham of the 75th and others: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Beenefit Fund, so as to provide for the Fund to receive a percentage of certain fines; and for other purposes.
Referred to the Committee on Retirement.

HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1164. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 21, 1970

455

HB 1165. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st, Snow of the 1st, Levitas of the 77th, Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purpose of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions; to provide workmen's compensation for their employees; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1167. By Messrs. Bennett, Barfield and Reaves of the 71st, Pallin, Bostick and Matthews of the 63rd, and Keyton of the 70th: A Bill to be entitled an Act to provide for an Assistant District Attor ney in the Southern Judicial Circuit; to provide for his appointment, qualifications, authority and duties; and for other purposes.
Referred to the Committee on Judiciary.
HB 1168. By Messrs. Barfield and Reaves of the 71st: A Bill to be entitled an Act to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1169. By Mr. Dixon of the 65th: A Bill to be entitled an Act to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; and for other purposes.
Referred to the Committee on Agriculture.
HB 1170. By Mr. Carnes of the 104th: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers, so as to permit teachers who transferred from county school systems to the University System of Georgia to buy time and receive credit for any official leave of absence which was granted
' by the county school systems; and for other purposes. Referred to the Committee on Retirement.

456

JOURNAL OF THE HOUSE,

HB 1171. ByMr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act to as to authorize prior service credit to certain persons previously employed in private sec ondary or junior high schools or academies; and for other purposes.
Referred to the Committee on Retirement.

HB 1172. By Messrs. Pallin and Bostick of the 63rd:
A Bill to be entitled an Act to fix the terms of the Superior Court of Colquitt County; to provide an effective date; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1173. 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 establishing the State Employees' Retirement System so as to remove certain provisions re quiring reimbursement by the Department of Public Safety to the Retirement System for permanent disability allowances and supple mental benefits paid to a member during his permanent disability; and for other purposes.
Referred to the Committee on Retirement.
HR 576-1173. By Mr. Douglas of the 42nd: A Resolution compensating Mr. Robert H. Lee; and for other purposes.
Referred to the Committee on Appropriations.
HR 577-1173. By Mr. Peters of the 2nd: A Resolution compensating Mr. Aubrey M. Honeycutt; and for other purposes.
Referred to the Committee on Appropriations.
HR 578-1173. By Mrs. Merritt of the 46th: A Resolution compensating Mr. John B. Merritt; and for other purposes.
Referred to the Committee on Appropriations.
HR 579-1173. By Mr. Brown of the 32nd: A Resolution compensating Hensley Office Equipment Company; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, JANUARY 21, 1970

457

HB 1174. By Mr. Gates of the 95th:
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 city, so as to provide that the widow of any person eligible for pension benefits by said Act and amendments shall be eligible to receive reduced benefits if she is in life at the time of her husband's death; and for other purposes.
Referred to the Committee on Retirement.

HB 1175. By Mr. Gates of the 95th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments for cities having a population of 150,000 or more, so as to change certain provisions relating to the eligibility of a widow receiving benefits under said Act and amendments, so as to eliminate the requirements that a widow must have been married to a pensioner prior to his retirement from active service; and for other purposes.
Referred to the Committee on Retirement.

HB 1176. By Mr. Gates of the 95th:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid Fire Departments in cities having a population of more than 150,000, so as to change certain pro visions relating to the eligibility of a widow receiving benefits under said Act and amendments, so as to eliminate the requirements that a widow must have been married to a pensioner prior to his retirement from active service; and for other purposes.
Referred to the Committee on Retirement.

HB 1177. By Messrs. Levitas of the 77th, Ware of the 30th, Horton and Felton of the 95th, Brown of the 110th, Conger of the 68th and Housley of the 117th:
A Bill to be entitled an Act to provide for a State agency to be known as the Bureau of State Planning and Community Affairs; and for other purposes.
Referred to the Committee on Industry.

HB 1178. By Messrs. Rainey and Bowen of the 47th, Dailey of the 53rd, Black of the 45th, Rush of the 51st, Potts of the 30th, Jones of the 87th and others:
A Bill to be entitled an Act to amend an Act consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners, so as to provide that the State Board of Correc-

458

JOURNAL OF THE HOUSE,

tions shall continue to allocate prisoners which meet certain criteria; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th and Pickard of the 84th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the compensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1180. By Mr. Townsend of the 115th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Chapter 26-12, relating to abortions, so as to define criminal abortion; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1181. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Stephens County, so as to provide for 4-year terms of office for members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1182. By Messrs. Murphy of the 19th, Paris of the 114th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.
Referred to the Committee on Retirement.

HE 583-1182. By Mr. Grahl of the 40th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Au thority; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 21, 1970

459

HR 584-1182. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to Article VII, Section VII, para graph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1183. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Dean of the 19th and Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of an honorary driver's license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is per manently disabled so that he cannot drive a motor vehicle; and for other purposes.
Referred to the Committee on State of Republic.
HB 1184. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act to reincorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1185. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the compensation of the mayor and councilmen may be changed; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1186. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide that after the 1970 general elec tion, the general election in the City of Perry shall be conducted in each odd-numbered year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th, Thompson and Davis of the 86th:
A Bill to be entitled an Act to provide for a board of elections in each county of this State having a population of more than 155,000 and less

460

JOURNAL OF THE HOUSE,

than 185,000, to define its powers and duties concerning primaries and elections; to provide & method of appointment, resignation and removal of its members; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1188. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act creating a Board of Commissioners of Houston County, so as to provide a procedure whereby the compen sation of the members of the Board of Commissioners may be changed; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1189. By Messrs. Jones of the 84th and Williams of the llth:
A Bill to be entitled an Act to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be oper ated upon the public roads of this State, so as to delete therefrom the restriction on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 585-1189. By Mr. Davis of the 75th. A Resolution compensating Mr. Joe B. Hogan; and for other purposes.
Referred to the Committee on appropriations.

HR 586-1189. By Mr. Davis of the 75th: A Resolution compensating Mr. Hubert R. Wood; and for other purposes:
Referred to the Committee on Appropriations.
HR 587-1189. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Floyd of the 7th, Dean of the 19th and others: A Resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for certain disabled veterans; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 1190. By Messrs. Nunn and Peterson of the 41st: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and

WEDNESDAY, JANUARY.21, 1970

461

providing for the establishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the jointly owned Natural Gas Transmission Line; and for other purposes.
Referred to the Committee on Retirement.

HB 1191. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide that time spent as a member of the General Assembly shall be counted as a part of a member's creditable service; and for other purposes.
Referred to the Committee on Retirement.

HB 1192. By Mr. Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing 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.
Referred to the Committee on Retirement.

HB 1193. By Mr. Joiner of the 35th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Washington County, so as to change the compensation of the deputy tax commissioner and the assistants to the tax commis sioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1194. By Messrs. Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd, Phillips of the 38th, Brown of the 32nd, Scarborough of the 81st and others:
A Bill to be entitled an Act to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administration and the cost of assistance programs; and for other purposes.
Referred to the Committee on Welfare.

HB 1195. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to redefine "staff members", to include the Messenger and Doorkeeper for each of the two Houses of the General Assembly; and for other purposes.
Referred to the Committee on Retirement.

462

JOURNAL OF THE HOUSE,

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 1201. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the retirement of the Judges and Solicitor-Generals of the Criminal Court of Fulton County, the Judges of the Civil Court of Ful ton County, and the Judges of the Juvenile Court of Fulton County, so as to fix the time within which such Judges, Solicitors-General and other officers and persons eligible to qualify for participation in the Re tirement Fund may qualify to participate therein; and for other pur poses.
Referred to the Committee on Retirement.

HB 1202. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend the Act establishing the State Em ployees' Retirement System, so as to delete a provision prohibiting credit for prior service for certain members who are civilian employees of the Army or Air National Guard; and for other purposes.
Referred to the Committee on Retirement.

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st, Mullinax of the 30th, Edwards of the 45th, Peters of the 2nd, Dickinson of the 118th and Kreeger of the 117th and others.
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 change the provisions for compen sating the Director of the State Game and Fish Commission; and for other purposes.
Referred to the Committee on Retirement.

HB 1219. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof par ticularly an Act approved March 28, 1961 (Ga. L. 1961, p, 2629), so as to change certain provisions relating to payment of one year's compen sation to a widow or minor children of a person, when a person covered by the Act dies as a result of injuries incurred in line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compensation Act are paid by reason of the death of a member resulting from injuries in line of duty; and for other purposes.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 21, 1970

463

HB 1220. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend the Act approved August 13, 1924, pp. 167-173), and the several acts amendatory thereof, particularly an Act approved February 20, 1964 (Ga. L. 1964, p. 2161-2165), so as to change certain provisions relating to payment of one year's compensation to a widow or minor children of a person covered by the Act dies as a result of injuries incurred in line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compensation Act are paid by reason of the death of a member resulting from injuries in line of duty; and for other purposes.
Referred to the Committee on Retirement.

HB 1221. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain provisions relating to payment of one year's compensation to a widow or minor children of a person whon a person covered by the Act dies as a result of injuries incurred in the line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compen sation Act are paid by reason of the death of the member resulting from injuries in the line of duty; and for other purposes.
Referred to the Committee on Retirement.

HB 1222. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain provisions relating to payment of one year's compensation to a widow or minor children of a person when a person covered by the Act dies as a result of injuries incurred in the line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compen sation Act are paid by reason of the death of the member resulting from injuries in the line of duty; and for other purposes.
Referred to the Committee on Retirement.

HB 1223. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain of the provisions relating to the eligi bility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and so as to eliminate the restrictions upon officers or employees receiving pen sions when contracted when an independent contractor to perform a special or particular service; and for other purposes.
Referred to the Committee on Retirement.

464

JOURNAL OF THE HOUSE,

HB 1224. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of per sons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; so as to eliminate the restriction upon officers or employees receiving pensions when con tracted with as an independent contractor to perform a special or par ticular service; and for other purposes.
Referred to the Committee on Retirement.

HB 1225. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof, particularly an Act approved March 28, 1961 (Ga. L. 1961, p. 2777), as amended by Ga. L. 1969, p. 3393, so as to change certain of the pro visions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and so as to eliminate the restriction upon officers and employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.
Referred to the Committee on Retirement.

HB 1226. By Mr. Barber of the 15th:
A Bill to be entitled an Act establishing the Teachers' Retirement Sys tem, so as to provide that the term "earnable compensation" shall in clude the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
Referred to the Committee on Retirement.

By unanimous consent, the following Bills and Resolutions were read for the second time:

HB 1129. 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 creating the State Board of Pardons and Paroles, so as to authorize parole supervisors or parole of ficers to arrest any parolee or conditional releasee who has violated the terms and conditions of his parole or conditional release in a material respect, with or without a warrant; and for other purposes.

WEDNESDAY, JANUARY 21, 1970

465.

HB 1130. By Mr. Melton of the 32nd:
A Bill to be entitled an act to authorize the governing authorities of the City of Griffin to impose an excise tax at the rate of $5,000 on each book, magazine, film, photograph or other object of obscene material; and for other purposes.

HB 1131. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authorities of Spalding County to impose an excise tax at the rate of $5,000 on each book, magazine, film, photograph or other object of obscene material; and for other purposes.

HB 1132. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of theCity of Griffin to impose and collect an amusement tax on motion pic tures, with a graduated rate assessed in accordance with the rating ap plied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1133. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of Spalding County to impose and collect an amusement tax on motionpictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1134. By Mr. Egan of the 116th:
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 State Board of Education to open up its student honors program to pupils of privatehigh schools of this State; and for other purposes.

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd, Maxwell of the 78th, Jones of the 59th, Melton of the 32nd, Moate of the 28th and others:
A Bill to be entitled an Act to amend Chapter 13-2 of Title 13 of the Code of Ga. known as the "Banking Law of Ga.", relating to the defini tion of terms and the regulation of banks, so as to redefine the terms "Branch Bank", and "Bank Office", "Bank Facility", "Village", and to define the term "county"; and for other purposes.

466

JOURNAL OP THE HOUSE,

HB 1136. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act creating the Georgia His torical Commission, so as to remove the provision placing a ceiling on the salary of employees of the Commission; and for other purposes.

HB 1137. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that each officer and employee of local organizations of the State Civil Defense Agency shall be entitled to join the Employees' Retirement System and to obtain prior service credit for all time spent as an officer or employee of any such local organization; and for other purposes.

HB 1138. By Mr. Toles of the 9th:
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 up to $3,000 received as benefits under any Federal or State civil service, retirement or pension plan by persons who are 65 years of age or over; and for other purposes.

HB 1139. By Mr. Toles of the 9th:
A Bill to be entitled an Act to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Secretary of State shall be authorized to furnish, without cost, the various public schools of this State, State flags; and for other purposes.

HB 1140. By Mr. Hill of the 94th:
A Bill to be entitled an Act to provide for the suspension of the duty to pay rent for dwellings certified to be unfit for human habitation by the county health departments in all counties having a population of not less than 170,000 nor more than 250,000; and for other purposes.

HB 1141. By Messrs. Games of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to be come members of said fund for the purpose of receiving pension benefits only; and for other purposes.

WEDNESDAY, JANUARY 21, 1970

46T

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th, Parker of the 46th, Lane of the 44th, Floyd of the 7th, Dean of the 19th and others:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for a minimum monthlydisability retirement benefit for certain members of the Uniform Di vision of the Department of Public Safety; and for other purposes.

HR 560-1142. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.

HB 1143. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend the Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale without the necessity for advertisement and bids; and for other purposes.

HB 1144. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th,, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend the Act known as the "Urban Redevelopment Law", so as to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circum stances; and for other purposes.

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to provide that standards for certain fac tory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, housing prototypes, subsystems materials, and components for any county or municipality of this State; and for other purposes.

HB 1146. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating the State Build ing Administrative Board so as to provide that said Board shall be a

468

JOURNAL OP THE HOUSE,

budget unit of the executive branch of State Government; and for other purposes.

HB 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to authorize Area Planning and Develop ment Commissions to undertake certain activities to facilitate the de velopment of housing, and in connection therewith, to authorize and com missions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; and for other purposes.

HR 561-1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law that any county, mu nicipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelop ment work; and for other purposes.

HR 562-1147. By Mr. Harris of the 10th:
A Resolution compensating Mr. Robert Ayles and Miss Robbin Ayles; and for other purposes.

HR 563-1147. By Mr. Harris of the 10th: A Resolution to compensate Mr. A. M. Cagle; and for other purposes.

HR 564-1147. By Mr. Rush of the 51st:
A Resolution compensating Mrs. Mary E. Carter; and for other pur poses.

HB 1148. By Mr. Clarke of the 33rd:
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 that notwithstanding any other provisions of said Act or any other laws to the contrary, vehicles transporting forest products may be oper ated upon the public roads and highways of this State if such vehicles shall not exceed certain widths, heights, and length specifications; and for other purposes.

WEDNESDAY, JANUARY 21, 1970

469-

HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A Bill to be entitled an Act to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.

HB 1150. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act known as the Georgia Pub lic Assistance Act of 1965, to authorize the State Department of Family and Children Services to participate financially in the distribu tion of surplus food commodities in the same amount and to the same extent that the Department is authorized to participate in the other welfare programs; and for other purposes.

HB 1151. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse the County Com missioners or the legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the juris diction of any State institution or State Department; and for other purposes.

HB 1152. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act known as the "Aid to De pendent Children Act", so as to change the definition of the term "De pendent Child"; and for other purposes.

HB 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain: specifically described property; and for other purposes.

HB 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phil lips of the 38th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, in the County of Troup, so as to change the corporate limits of the City of West Point; and for other purposes.

470

JOURNAL OF THE HOUSE,

HB 1155. By Mr. Jones of the 59th:
A Bill to be entitled an Act to prohibit certain activities by legislators and other State officials, employees and appointees of the legislative, executive and judicial branches of the State government and to regulate the conduct of said persons; and for other purposes.

HB 1156. By Messrs. Chandler of the 34th, Lamber of the 25th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to redefine the term "security"; and for other purposes.

HB 1157. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a Court Reporter for said Cir cuit; and for other purposes.

HB 1158. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act providing that members of the General Assembly shall be entitled to count time spent as a member of the General Assembly toward service in any local pension systems, so as to make said Act applicable to any pension plan to which officers or employees of political subdivisions might belong; and for other purposes.

HR 565-1158. By Messrs. Williams and Cooper of the llth:
A Resolution to compensate Mr. Georgia Frank Cash; and for other purposes.

566-1158. By Mr. Cooper of the llth:
A Resolution to compensate Wilmont McRae Greene, Jr.; and for other purposes.

HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.

WEDNESDAY, JANUARY 21, 1970

471

HB 1160. By Mr. Sims of the 106th:
A Bill to be entitled an Act creating the Employees' Retirement System of Georgia, so as to change the provisions relating to prior service credit for certain employees; and for other purposes.

HB 1161. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act placing the district at torneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, so as to provide that any district attorney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.

HR 567-1161. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th, Bell of the 73rd, Hudson of the 48th, Wilkerson of the 103rd and others:
A Resolution relative to the preservation of local control of public educa tion; 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 Senate and has instructed me to report same back to the House with the following recommendations:
HB 1072. Do Pass. HB 1105. Do Pass. HB 1112. Do Pass. HB 1113. Do Pass. HB 1120. Do Pass. HB 1126. Do Pass. SB 295. Do Pass. SB 296. Do Pass. SB 297. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman.

472

JOURNAL OF THE HOUSE,

Mr. Busbee of the 61st, Chairman of the Committee on Rules, submitted he following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Reso lutions of the House and has instructed me to report same back to the House -with the following recommendations:
HR 528. Do Pass by Substitute.
HR 529. Do Pass.
HR 588. Do Pass.
HR 589. Do Pass.
Respectfully submitted, Busbee of the 61st, Chairman.

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

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 97-276 Do Not Pass.
HB 1064. Do Pass. HB 1029. Do Pass.
HB 1044. Do Pass. HR 269-825. Do Pass.
HR 268-825. Do Pass.
HB 241. Do Pass.

WEDNESDAY, JANUARY 21, 1970

473

HB 861. Do Not Pass.

HB 1149. Do Pass.

HB 479. Do Pass, as Amended.

HB 1104. Do Not Pass.

HB 1049. Do Pass.

Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Howell of the 60th, Vice-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 has instructed me to report same back to the House with the following recommendations:
HB 1081. Do Pass.
HB 372. Do Not Pass.
Respectfully submitted, Howell of the 31st, Vice-Chairman.

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

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

474

JOURNAL OF THE HOUSE,

HB

869. Do Pass as Amended.

HB 1038. Do Pass by Substitute.

HB 1039. Do Pass by Substitute.

HB 1040. Do Pass by Substitute.

HB 1101. Do Pass.

HR 545-1101. Do Pass.

SR

73. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

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 Bill of the House, to-wit:

HB 703. By Mr. Maxwell of the 78th:
A Bill 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.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the 3rd time:

HB 1072. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Court of Franklin County; and for other purposes.

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

WEDNESDAY, JANUARY 21, 1970

475

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1105. By Messrs. Pickard, Buck and Jones of the 84th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that Muscogee County shall provide for a permanent pension fund for present and future employees"; and for other purposes.

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

1112. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to change the terms of the Superior Court of Madison 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 1113. By Mr. Wheeler of the 18th: A Bill to be entitled an Act to abolish the office of Treasurer of Elbert 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.

476

JOURNAL OF THE HOUSE,

HB 1120. By Messrs. Shanahan of the 8th and Roach and Harris of the 10th r
A Bill to be entitled an Act to amend an Act relating to the restriction; of the use of certain devices used in hunting and trapping foxes in cer tain counties; 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 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st:
A Bill to be entitled an Act to amend the Act re-enacting the charter of the City of Macon; 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 1123. By Mr. Rush of the 51st:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend Code section 59-101 relating to the appointment, numbering, qualifica tions, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 etc.; 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, JANUARY 21, 1970

477

SB 295. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis; 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 296. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis; 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 115, nays 0.

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

SB 297. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker 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.
The following communication was received and read:

478

JOURNAL OF THE HOUSE,

HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA January 21, 1970

Honorable Glenn W. Ellard Clerk, House of Representatives 209 State Capitol Atlanta, Georgia

Dear Jack:

I am today appointing a subcommittee of the Natural Resources Com mittee to be known as the Water, Air and Environmental Pollutions to. be composed of the following members of the House:

Battle, Chairman Phillips of the 50th, Vice Chairman Mason, Secretary Hadaway Knapp

With kindest regards, I am

Sincerely yours, /&/ Geo. L. Smith II

GLS:eph CC: Honorable A. B. C. Dorminy, Chairman
Natural Resources Committee Honorable Ben W. Fortson, Jr., Secretary of State Honorable Jack B. Ray, State Treasurer Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer Each of the above members

The following Resolution of the House was read and adopted:

HR 594. By Messrs. Smith of the 43rd, Williams of the llth, McDaniell, Burruss and Wilson of the 117th and many others:

WEDNESDAY, JANUARY 21, 1970

479

A RESOLUTION

Extending congratulations to Honorable Howard Atherton; and for other purposes.

WHEREAS, Honorable Howard Atherton, a member of this body, representing District 117 composed of Cobb and Paulding Counties, has been elected as President of the Georgia Municipal Association for this year; and

WHEREAS, during his period of service in the House of Repre sentatives he has achieved an outstanding record and has likewise rendered valuable service to the Association which he now heads; and

WHEREAS, it is a distinct honor for this House that one of its members is serving in the important capacity of President of the Georgia Municipal Association.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby extend their sincerest congratulations to Honorable Howard Atherton upon his election as President of the Georgia Municipal Association, and extend their best wishes for a most successful tenure of office.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Howard Atherton.

Under the special and continuing order of business, HR 514-1028 was again taken up for consideration.

Article 5, Section 3, having been postponed until today, was taken up for consideration.

The following amendment, substituting the entire Section 3, was read:
Mr. Lambert of the 25th moves to amend the Committee Substitute to HR 514-1028, Section 3 by striking the same section in its entirety and substituting in lieu thereof the following:
"SECTION 3
PUBLIC DEBT
"Paragraph 1. Purposes for Which Debt may be Incurred; Limitations. Any other provisions of this Constitution to the con trary notwithstanding, the State may incur public debt, as follows:

480

JOURNAL OF THE HOUSE,

(a) The State may incur public debt without limit to repel invasion, suppress insurrection and defend the State in time of waiv

(b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year be cause of necessary delay in collecting1 the taxes of that year but. the debt so incurred shall not exceed, in the aggregate, five per cent of the total revenue receipts, less refunds, of the State Treas ury in the fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out. of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph.
(b).

(c) The State may incur public debt of two types pursuant to this paragraph, general obligation debt and guaranteed revenue debt. General obligation debt may be incurred by issuing obliga tions to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities for public purposes owned or to be owned by the State, State institutions, departments, agencies, authorities or instrumen talities, and guaranteed revenue debt may be incurred by guarantee ing the payment of revenue obligations issued by an instrumen tality of the State if the instrumentality is a public corporation and such revenue obligations are issued for toll bridge and toll road purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service re quirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt (whether issued pursuant to this subparagraph (c) or subparagraph (d) ), including the proposed debt, and the highest aggregate an nual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force entered into by the State, State institutions, departments and agencies of the State with any public agency, public corporation or authority and to which the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of 1945 are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. For the purposes of this paragraph, annual debt service requirements shall mean the total principal and interest com ing due in any fiscal year of the State; provided that with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from the date said issue bears to its maturity date.
General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general.

WEDNESDAY, JANUARY 21, 1970

481

or specific terms, for which such issue of debt is to be incurred, specifying1 the maximum principal amount of such issue and appro
priating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason but shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incur ring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all pay ments required to be made under contracts entitled to the pro tection of the second paragraph of Paragraph I (a), Section VI, Article VII of the Constitution of 1945, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust fund to be designated 'State of Georgia General Obligation Debt Sinking Fund' such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obligation debt payable therefrom. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the State Treasurer shall set apart from the first revenues thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure any such de ficiency and shall immediately deposit the same into the sinking fund, provided that the obligation to make such sinking fund de posits shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second para graph of Paragraph I (a) of Section VI of Article VII of the Con stitution of 1945. The State Treasurer may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, con sistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase.

Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be selfliquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropria tion shall be paid upon the issuance of said obligations into a special trust fund to be designated 'State of Georgia Guaranteed Revenue Debt Common Reserve Fund' to be held together with all other sums similarly appropriated as a common reserve for any pay-

482

JOURNAL OP THE HOUSE,

ments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the benefit of guaranteed revenue debt shall not lapse for any reason but shall continue in effect until the debt for which such appropriation was authorized shall have
been incurred but the General Assembly may repeal any such appro priation at any time prior to the payment of the same into said common reserve fund. Said common reserve fund shall be held and administered by the State Treasurer. If any payments are re quired to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of reserves, the State Treasurer shall pay from said common reserve fund the amount necessary to cure such deficiency. The State Trea surer shall then reimburse said fund from the general funds of the State within ten days following the commencement of any fis cal year of the State for any amounts so paid; provided, that the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the State pur suant to the second paragraph of Paragraph I (a) of Section VI, Article VII of the Constitution of 1945 and shall also be subordinate to the obligation hereinabove imposed upon the State Treasurer to make sinking fund deposits for the benefit of general obligation debt. The State Treasurer may be required to apply such funds as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If at the end of any fiscal year of the State said fund is in excess of the re quired amount, the State Treasurer shall transfer such excess to the general funds of the State free of said trust. The funds in the said common reserve fund shall be as fully invested as is practical, consistent with the requirements on the revenue obligations guaran teed by the State. Any such investments shall be restricted to ob ligations of the United States Government or obligations uncon ditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase.

(d) The State may incur general obligation debt or guaranteed revenue debt without limit so long as such debt is used solely to fund or refund any such debt or any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article VII of the Constitution of 1945 are applicable. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt, the same may be accomplished by resolution of the Georgia State Fi nancing and Investment Commission hereinafter created without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refund ing to the same extent and with the same effect as though the obligations to be issued had originally been authorized by action

WEDNESDAY, JANUARY 21, 1970

483

of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding: by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Para graph I (a), Section VI, Article VII of the Constitution of 1945 are applicable and the continuing appropriation required to be made under the said provisions of the Constitution of 1945 shall imme diately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obli gation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.

Paragraph 2. Transitional Provisions. Notwithstanding any other provision of this Constitution the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of the Constitution of 1945 shall continue in full force and effect as though set out in full in this Constitution and all contracts entered into prior to the date of the first delivery of general obligation debt issued hereunder shall continue to have the benefit of the protection afforded by the provisions of said second paragraph of Paragraph I (a) of Section VI, Article VII of the Constitution of 1945 for so long as any such contract shall remain in force and effect; provided, however, when any general obligation debt has first been incurred by the delivery of such debt to the purchasers thereof, then and from the date of such delivery, the State and all State institutions, departments and agencies of the State shall be prohibited from en tering into any contract (except contracts pertaining to guaranteed revenue debt) with any public agency, public corporation, authority or similar entity which such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after the date of such delivery, in the event any contract between the State, or any State institution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such con tract shall likewise be prohibited.

Paragraph 3. Faith and Credit of State Pledged Debt May be Validated. The full faith, credit and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt from taxation. Such debt may be validated by judicial pro-

484

JOURNAL OF THE HOUSE,

ceedings in the manner provided by the General Assembly and such validation shall be incontestable and conclusive.

Paragraph 4. Georgia State Financing and Investment Com mission; Duties. There is hereby created the Georgia State Fi nancing and Investment Commission. The Commission shall consist of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Attorney General and the State Budget Officer. The Commission
shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred except that the issu ance of guaranteed revenue obligations shall be the responsibility of the issuing instrumentality and the proceeds from such guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the pur poses separately but the proceeds thereof must be allocated in ac cordance with the original purpose set forth in the authorization of the General Assembly and used solely for that purpose. The Commission shall be responsible for the investment of all proceeds to be administered by it. Income earned on any such investment may be used to pay operating expenses of the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of the Constitution of 1945 are appli cable. The Commission shall have such additional responsibilities, powers and duties with respect to public debt as shall be provided by law.

Paragraph 5. State Aid Forbidden. Except as herein provided, the credit of the State shall not be pledged or loaned to any indi vidual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, com pany, association or corporation.

Paragraph 6. Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress in surrection or defend itself in time of war: Provided, however, that the amendment to the Constitution proposed by the General As sembly and set forth in the Published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assump tion by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the as sessments made against the counties of said district for the con struction and paving of the public roads or highways, including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed,

WEDNESDAY, JANUARY 21, 1970

485

is continued of full force and effect until such indebtedness as sumed by the State is paid and such certificates of indebtedness re tired.

Paragraph 7. Profit on Public Money. The receiving, directly or indirectly, by any officer of State or county, or member or offi cer of the General Assembly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from hold ing office.

Paragraph 8. Certain Bonds Not to be Paid. The General As sembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or in terest of the bonds, or other obligations which have been pro nounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have au thority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assem bly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations.

Paragraph 9. Sale of State's Property to Pay Bonded Debt. The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the pro ceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds."

The following amendment to the Lambert amendment was read:

Messrs. Russell and Keyton of the 70th and Barber of the 15th move to amend the Lambert Amendment to the Committee Substitute to HR 514-1028 as follows:
By adding at the end of Section 3 of Article 5 a new paragraph to be designated Paragraph 10 and to read as follows:

486

JOURNAL OP THE HOUSE,

"Notwithstanding any other provision of this Section or o:f this Constitution to the contrary, the State may incur public debt by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if the instrumentality is a public cor poration and such revenue obligations are issued for the purpose of making loans directly or indirectly to: (1) students in order to al low such students to acquire an education beyond the high school level; or (2) to persons for vocational rehabilitation purposes. The amount of such revenue obligations that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance and guarantee of such revenue obligations and all other matters relating to the issuance and guarantee of such reve nue obligations shall be as the General Assembly shall provide by law. Provided, however, no debt may be incurred under this Para graph at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt (whether issued pursuant to subparagraph (c) or subparagraph (d) of Paragraph I), including the proposed debt under this Para graph, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force entered into by the State, State institutions, departments and agencies of the State with any public agency, pub lic corporation or authority and to which the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of 1945 are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately pre ceding the year in which any such debt is to be incurred. For the purposes of this paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided that with regard to any issue of debt in curred wholly or in part on a term basis, annual debt service require ments shall mean an amount equal to the total principal and in terest payments required to retire such issue in full divided by the number of years from the date said issue bears to its maturity date.

"The full faith, credit and taxing power of the State are hereby pledged to the payment of the public debt incurred under this Paragraph."

On the adoption of the amendment to the amendment, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield

Battle Bell Bennett Black Blaloek Bohannon

Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Burruss

WEDNESDAY, JANUARY 21, 1970

487

Caldwell Carries Gates Cole Collins, M. Collins, S. Colwell Connell Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Edwards Egan Ellis Evans Pallin Floyd, J. H. Ployd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Harris, J. F. Harris, J. R. Harris, R. W. Harrison

Hawes Henderson Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Miles Milford Morris Mullinax

Nash Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R.
Poole Potts Reaves Roach Ross Salem Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R.
Sweat Thomason
Toles Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson

Those voting in the negative were Messrs.

Dodson Keen

Knapp Lambert

Sorrells Thompson, R.

Those not voting were Messrs.:

Ballard Berry Bond Bowen Brooks Brown, C. Buck

Busbee Chandler Clarke Collier Conger Conner Cooper

DeLong Douglas Ezzard Farmer Farrar Felton Grahl

488
Griffin Gunter Hadaway Hale Hamilton Hargrett Harrington Higginbotham Hood Hutchinson Lane, W. J. Levitas Longino

JOURNAL OF THE HOUSE,

McCracken Melton Merritt Miller Moate Moore Murphy Odom Pafford Pickard Pinkston Rainey Rowland

Rush Russell Scarborough Sherman Smith, V. T. Snow Thompson, A. W. Townsend Wamble Whaley Winkles Wood Mr. Speaker

On the adoption of the amendment to the amendment, the ayes were 129, nays 6.

The amendment to the Lambert amendment was adopted.

Mr. Brown of the 32nd requested that the Journal record his vote as "aye" on the Barber amendment.

The Lambert amendment, as amended, was adopted.

Section 3, as amended, was adopted.

Article 5, as amended, was adopted.

The following paragraphs were read and adopted:

ARTICLE 6
EDUCATION
SECTION 1
PUBLIC EDUCATION
Paragraph 1. Public Education; Support by Public Funds. An ade quate common school education for its citizens shall be a primary obli gation of the State of Georgia and its political subdivisions, the expense of which shall be borne out of public funds. The General Assembly shall

WEDNESDAY, JANUARY 21, 1970

489

by taxation or otherwise provide for such public funds and may prescribe the terms and conditions upon which State funds shall be made avail able for this purpose.

Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may prescribe.

The following paragraph was read:

Paragraph 3. Public Education; Transfer of Funds. The General Assembly shall be authorized to provide by law for the right of any child to attend any public school in this State and to provide for the transfer of State and local funds from the resident school district to the school district in which such child is enrolled.

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend the Committee Substitute to HR 514-1028, Article 6, Section 1 by striking Paragraph 3.
Section 1, as amended, was adopted.

The following paragraph was read:

SECTION 2
STATE BOARD OP EDUCATION
Paragraph 1. State Board of Education; Method of Selection. There shall be a State Board of Education to be composed of one member from each Congressional District in the State and five members from the State-at-large. The member of the Board from each Congressional District shall be elected to a caucus of the members of the Senate and the House of Representatives from the Senatorial and Representative Districts embraced or partly embraced within such Congressional Dis trict, by a majority vote of such members. The first election for such members shall be held during the regular session of the General Assem bly in 1972, and the members elected shall take office July 1, 1972. The members from the First and Second Districts shall be elected for terms of five years and until their successors are duly elected and qualified. The members from the Third and Fourth Districts shall be elected for

490

JOURNAL OF THE HOUSE,

terms of four years and until their successors are duly elected and qualified. The members from the Fifth and Sixth Districts shall be elected for terms of three years and until their successors are duly elected and qualified. The members from the Seventh and Eighth Dis tricts shall be elected for terms of two years and until their successors are duly elected and qualified. The members from the Ninth and Tenth Districts shall be elected for terms of one year and until their successors are duly elected and qualified. Thereafter all terms shall be for five years and until their successors are elected and qualified. The General Assembly shall provide by law for the manner, time, procedure, and other matters relative to the election of such members of the Board and the manner of filling vacancies. In the event of a change in the number of Congressional Districts, the General Assembly is hereby authorized to provide by law for the composition of the Board relative to the members from Congressional Districts. The five members from the State-at-large, no two of whom shall reside in the same Congressional District at the time of appointment, shall be appointed by the Gover nor by and with the advice and consent of the Senate. Such five mem bers shall be appointed prior to July 1, 1972, and shall take office on said date. The terms of such first members shall be for one, two, three, four, and five years as shall be designated by the Governor. Thereafter, all successors shall be appointed for terms of five years. Any vacancy occurring in the office of any of the aforesaid five members shall be filled by appointment by the Governor, with the advice and consent of the Senate, for the unexpired term. All such members shall hold office until their successors are appointed and qualified. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to serve on said Board, and if any person shall become so connected or employed after becoming a member of the Board, his office shall immediately become vacant. The Board shall have such powers and duties as may now or hereafter be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law. The State Board of Education in existence at the time of the effective date of this Constitution shall continue until July 1, 1972. Appointments to the Board, whether due to expiration of term of office or to fill a vacancy, shall continue to be made pursuant to the provisions of the Constitution and law relative to said Board but the terms of all members shall expire June 30, 1972. The fifteen-member Board of Education provided for herein shall be the successor to the said ten-member Board of Educa tion.

The following amendment was read:

Mr. Moore of the 6th moves to amend the Committee substitute to 514-1028 by striking Article 6, Section 2 and inserting the following:
STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education; method of selection. There

WEDNESDAY, JANUARY 21, 1970

491

shall be a state board of education to be composed of one member from each congressional district in the state, to be elected by the people. The candidate for the state school board of such districts must be elected by the people of that district in which he resides and must be able to de vote full time to the position of state school board. The state school board must be elected during the general election year and at the time that the General Assembly runs. The first election shall be held in 1972 and members elected shall take office on January 1, 1973. The can didates to the state school board from the 1st through the 5th Congres sional Districts shall be elected for a term of two years and the candi dates for the state school board from the 6th through the 10th Con gressional Districts shall be elected for a term of four years. Thereafter all state school board terms shall be for a period of four years and until their successors are duly elected and qualified. The General Assem bly shall provide by law for the manner, time, procedure, and other matters relating to the election of such members of the board and the manner of filling vacancies. In the event of a change in the number of congressional districts, the General Assembly is hereby authorized to provide by law for the composition of the board relative to the mem bers from congressional districts. Any vacancy occurring in the office of any of the aforesaid ten members shall be filled by appointment by the Governor with advice and consent of the Senate, for the unexpired term. All such members shall hold office until their successors are duly elected and qualified. No person employed in a professional capacity by a pri vate or public education institution, or by the State Department of Edu cation, shall be eligible to serve on the said board. No person who is, or has been connected with or employed by a school book publishing concern shall be eligible to serve on the said board, and if any person shall become so connected or employed after becoming a member of the board, his office shall immediately become vacant. The board shall have such powers and duties as may now or hereafter be pro vided by law. The members shall have such qualifications and receive such compensation as may be provided by law. The state board of education in existence at the time of the effective date of this Con stitution shall continue until December 31, 1972. Appointments to the board, whether due to expiration of term of office or to fill a vacancy, shall continue to be made pursuant to the provisions of the Constitu tion and law relative to the said board, but the terms of all members shall expire on December 31, 1972.

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

Those voting in the affirmative were Messrs.:

Bell Collier Collins, S. Davis, W. DeLong Dickinson Floyd, J. H. Ployd, L. R.

Geisinger Hargrett Harrison Higginbotham Holder Hudson Jones, Herb

Jordan, G. Knowles Lewis Matthews, D. R. Mauldin Milford Moore Morris

492
Phillips, W. R. Rush

JOURNAL OF THE HOUSE,

Smith, J. R. Westlake

Whaley Winkles

Those voting in the negative were Messrs.:

Adams Alexander Anderson Atherton Barber Barfield Battle Bennett Berry Black Bond Bo stick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee Games Gates Clarke Cole Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dent Dodson Dorminy Douglas Edwards

Egan Evans Ezzard Fallin Felton Funk Gary Gaynor Gignilliat Grahl Graves Griffin Hamilton Harris, J. R. Harris, R. W. Hawes Henderson
Hill, B. L. Hill, G. Horton Howell Hutchinson Johnson Jones, C. M. Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Mason

Matthews, C. Maxwell McClatchey McDaniell
Merritt
Miles Moate Mullinax
Murphy Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Reaves Roach Scarlett Sherman Sims Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wheeler, Bobby Wilkerson Williams Wilson

Those not voting were Messrs.:

Ballard Blalock Bohannon Bowen Bray Brooks Buck

Caldwell Chandler Collins, M. Conner Dean, N. Dixon Ellis

Farmer Farrar Gunter Hadaway Hale Harrington Harris, J. F.

WEDNESDAY, JANUARY 21, 1970

493

Hood Housley Joiner Lambert Lane, Dick Longino Marcus McCracken Melton Miller Nash
Nessmith

Northcutt Nunn Odom Peterson Pinkston Rainey Ross Rowland Russell Salem Scarborough
Shanahan

Shepherd Simkins Simmons Smith, V. T. Sorrells Townsend Wamble Ware Wheeler Wood Mr. Speaker

On the adoption of the amendment, the ayes were 29, nays 110.

The amendment was lost.

The following amendment was read:

Mr. Parker of the 44th moves to amend the Judiciary Committee substitute to HR 514-1028 as follows:
By striking Article 6, Section 2, relating to the State Board of Education in its entirety and substituting in lieu thereof a new Article 6, Section 2, to read as follows:
"ARTICLE 6
SECTION 2
STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education; Method of Appoint ment. The constitutional State Board of Education having heretofore been created is hereby recreated, with additional members as here inafter provided, and continued as the constitutional State Board of Education. There shall be a member of such Board from each congressional district in the State who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. In addition to the foregoing members, there shall be two members from the State at large, who shall not reside in the same congres sional district at the time of appointment, who shall be appointed by the Governor by and with the advice and consent of the Senate. The first such two additional members shall be appointed by not later than December 31, 1971, for initial staggered terms of 3 and 4, years respectively beginning on the first day of January, 1972. Thereafter, all succeeding appointments shall be for seven year

494

JOURNAL OF THE HOUSE,

terms dating from the expiration of the previous term. The first State Board of Education under this Constitution shall consist of those in office at the time this Constitution is effective, with the terms provided by law, and the 2 additional members from the State at large as hereinabove provided, Vacancies upon said Board shall be similarly filled by appointement and confirmation. All members of the Board shall hold office until their successors are appointed and qualified. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as may now or here after be provided by law. The members shall have such qualifica tions and receive such compensation as may be provided by law."

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

Those voting in the affirmative were Messrs.

Blalock Bowen Brantley, H. L. Dorminy Egan Funk Graves Hargrett Harrington Hutchinson Joiner

Lane, W. J. Lewis Matthews, D. R. Mauldin Merritt Moate Mullinax Murphy Nes smith Pafford Paris

Parker, C. A. Parker, H. W. Peterson Phillips, L. L. Potts Scarlett Smith, J. R. Toles Williams

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Barber Barfield
Battle Bell Bennett Berry Black Bond Brantley, H. H.

Brown, B. D. Brown, C. Busbee Games Gates Chandler Clarke Cole Collier Collins, M. Coiling, S. Colwell Conger

Connell Cook Cooper Crowe Dailey Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon

WEDNESDAY, JANUARY 21, 1970

495

Dodson Douglas Evans Ezzard Tallin Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Griffin Gunter Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell

Hudson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Maxwell McClatchey McDaniell Milford Moore Morris Nunn
Patterson

Peters Phillips, G. S. Phillips, W. R. Pickard Poole Reaves Roach Ross Rush Shepherd Sherman Simkins Simmons Sims Smith, V. T.
Snow Sweat Thomason
Thompson, A. W. Thompson, R. Vaughn Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles
Wilson

Those not voting were Messrs.:

Ballard Bohannon Bostick Bray Brooks Buck Burruss Caldwell 'Conner Davis, E. T.
Edwards Ellis Farmer

Farrar Hadaway Hale Lane, Dick Marcus McCracken Melton Miles Miller Nash Northcutt Odom Pinks ton

Rainey Rowland Russell Salem Scarborough Shanahan Sorrells Townsend Wamble Ware Wood Mr. Speaker

On the adoption of the amendment, the ayes were 31, nays 126.

The amendment was lost.

The following amendment was read:

496

JOURNAL OF THE HOUSE,

Mr. Collins of the 72 moves to amend the Committee substitute to HR 514-1028 by deleting "and five members from the State-at-large" and by inserting "and two members from the State-at-large" and de leting on line 21, page 72 beginning with the word "The" and through the word "term" on line 32 and by inserting the following: "The 2 members from the State-at-large, neither of whom shall reside in the same congressional district at the time of appointment, shall be ap
pointed by the Governor by and with the advice and consent of the Senate. Such 2 members shall be appointed prior to July 1, 1972, and shall take office on said date. The terms of such first members shall be for 3 and 4 years as shall be designated by the Governor. Thereafter, all successors shall be appointed for terms of 5 years. Any vacancy oc curring in the office of any of the aforesaid 2 members shall be filled by appointment by the Governor, with the advice and consent of the Senate, for the unexpired term.",

and the following:

The twelve-membered Board of Education provided for herein shall be the successor to the said ten-membered Board of Education.

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 Barfield Bell Bennett Berry Black Bostick Bowen Games Collier Collins, M.
Collina, S. Crowe Dailey Davis, W. DeLong Dixon Dodson Dorminy Evans Floyd, J. H. Floyd, L. E. Funk Gary Geisinger Graves Hargrett Harrington

Harrison Henderson Higginbotham Holder Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Lee, W. J. (Bill) Lewis Lowrey Marcus Mason Mauldin Maxwell McDaniell Merritt Miles Moate Moore

Morris Nessmith Northcutt Pafford Parker, C. A. Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pickard Rainey Reaves Roach Ross Rush Salem Scarlett Sherman Simkins Simmons Smith, J. R. Snow Sweat Thomason Thompson, R. Toles Westlake Whaley

WEDNESDAY, JANUARY 21, 1970

497"

Wheeler, Bobby Wheeler

Wilkerson Winkles

Those voting in the negative were Messrs.:

Alexander Anderson
Barber Battle Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss
Busbee Gates Clarke Cole Colwell
Connell Cook Cooper Daugherty Dean, J. E. Dean, N. Dent

Dickinson Douglas
Egan Ezzard Fallin Felton Gaynor Gignilliat Grahl Gunter Hamilton Harris, J. P. Harris, J. R. Harris, R. W. Hawes Hill, B. L. Hill, G. Hood Horton Housley Jones, C. M. Jordan, H. S. Kreeger Lambert

Lane, W. J. Lee, W. S. Leonard Levitas Matthews, C. Matthews, D. R. McClatchey Milford Mullinax Murphy Nunn Paris Patterson Peterson Phillips, G. S. Poole Potts Shepherd Sims Smith, V. T. Thompson, A. WVaughn Williams Wilson

Those not voting were Messrs.:

Atherton Ballard Bray Brooks Buck
Caldwell Chandler Conger Conner Davis, E. T. Edwards Ellis

Farmer Farrar Griffin Hadaway Hale Lane, Dick Longino McCracken Melton Miller
Nash Odom

Pinkston Rowland Russell Scarborough Shanahan Sorrells Townsend Wamble Ware Wood Mr. Speaker

On the adoption of the amendment, the ayes were 88, nays 72.

The amendment was adopted.

On the adoption of Section 2 as amended, the roll call was ordered and the vote was as follows:

498

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond, J. Bostick Bowen Brantley, H. H. Brown, B. D. Brown, C. Burruss Busbee Games Gates Chandler Clarke ole Collier Collins, M. Collins, S. Colwell Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent
Dickinson
Dixon
Dodson
Dorminy
Douglas
Egan
Evans
Ezzard
Tallin
Telton
Ployd, J. H.
Floyd, L. R.

Funk Gary Gaynor Geisinger Gignilliat Grahl Griffin Gunter Hamilton Hargrett Harrington Harris, J. F. 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. Keen, M. Keyton Knapp Knowles Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell

Merritt Miles Milford Moate Morris Mullinax Nessmith Northcutt Nunn Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rush Salem Scarlett Shepherd Sherman Simkins Simmons Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles
Vaughn
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson

WEDNESDAY, JANUARY 21, 1970

499>

Those voting in the negative were Messrs.:

Brantley, H. L. Dean, N. Graves Harris, J. R.

Harris, R. W. Lane, W. J. Moore

Murphy Paris Sims

Those not voting were Messrs.:

Atherton Ballard Bray Brooks Buck Caldwell Conger Conner Edwards Ellis Farmer

Farrar Hadaway Hale Jordan, H. S. Lane, Dick McCracken Melton Miller Nash Odom Pinkston

Rowland Russell Scarborough Shanahan Sorrells Townsend Wamble Wood Mr. Speaker

On the adoption of Section 2 as amended, the ayes were 154, nays 10.

The section, as amended, was adopted.

The following paragraph was read:

SECTION 3
STATE SCHOOL SUPERINTENDENT
Paragraph 1. State School Superintendent. There shall be a State School Superintendent, who shall be the chief administrative officer of the State Board of Education. He shall be appointed by and serve at the pleasure of the State Board of Education. No member of the State Board of Education shall be eligible for selection as State School Superintendent during the term for which he shall have been appointed.

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend the Committee substitute to HR 514-1028 as follows:
By striking Article 6, Section S, dealing with the State School

500

JOURNAL OP THE HOUSE,

Superintendent in its entirety and inserting in lieu thereof a new Article 6, Section 3, to read as follows:

"ARTICLE 6
SECTION 3
Paragraph 1. State School Superintendent; Election, Term, etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed."

Section 3, as amended, was adopted.

The following paragraph was read:

SECTION 4
BOARD OF REGENTS
Paragraph 1. Board of Regents of the University System of Geor gia. The Board of Regents of the University System having hereto fore been created as a constitutional Board, is hereby recreated and con tinued as a constitutional Board. The Board shall be composed of one member from each Congressional District in the State and five addi tional members from the State-at-large, and all members shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms here tofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appoint ments to fill vacancies shall be made for the unexpired term. Any ap pointment made while the Senate is in regular session shall be pre sented to the Senate for confirmation during such session. Any appoint ment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. All mem bers of the Board shall hold office until their successors are appointed and qualified. The Governor shall not be a member of said Board. The government, control, and management of the University System of Geor gia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall have such further powers and duties as may be provided by law. The mem bers shall have such qualifications and receive such compensation as may be provided by law.

WEDNESDAY, JANUARY 21, 1970

501

An amendment, offered by Mr. Henderson of the 117th, was read and lost. Section 4 was adopted.

The following paragraph was read:

SECTION 5
LOCAL SCHOOL SYSTEMS
Paragraph 1. School Districts. Authority is granted to counties and area school districts to establish and maintain public schools. Ex isting county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a refer endum in each separate school district or school system being consoli dated or merged. Any area school district so established shall constitute a separate political subdivision of the State. Any school district or system consolidated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district.

An amendment, offered by Mr. Atherton of the 117th, was read and lost.

Paragraph 1 was adopted.

The following paragraphs were read and adopted:

Paragraph 2. Boards of Education. Each school district or system shall have a board of education which shall have such powers and duties as may now or hereafter be provided by law, the members of which shall be elected or appointed as may now or hereafter be provided by law. School board members shall reside within the territory embraced by the school district or system.
Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as may now or hereafter be provided by law.
Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of

502

JOURNAL OF THE HOUSE,

selecting board members and school superintendents shall be as pro vided by law applicable thereto at the effective date of this Constitu tion but may be changed thereafter by general or local law, condi tioned upon approval by a majority of those voting in a referendum in the system or district affected.

Paragraph 5. Power of Boards to Contract with Each Other. Any two or more county boards of education or any two or more inde pendent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education, and transportation of pupils, and such other ac tivities as they be authorized by law to perform, not in conflict with the provisions of this Constitution.

Section 5 was adopted.
The following sections and paragraphs thereof were read and adopted:
SECTION 6
MAINTENANCE AND PROTECTION OF CERTAIN SCHOOL SYSTEMS
Paragraph 1. Maintenance of Existing Independent Systems, Au thority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by spe cial or general law. No independent school system shall hereafter be established.
Paragraph 2. Systems Established Prior to Constitution of 1877. Public school systems established prior to the adoption of the Constitu tion of 1877 shall not be affected by this Constitution.
SECTION 7
BEQUESTS, DONATIONS, AND GRANTS
Paragraph 1. Bequests, Donations, and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations, and grants of land, or other property, for the use of their respective systems of education.
SECTION 8
EDUCATIONAL GRANTS
Paragraph 1. Grants for Education. The General Assembly may by

WEDNESDAY, JANUARY 21, 1970

503

law provide for grants of State, county, or municipal funds to citizens of the State for educational purposes.

SECTION 9
SPECIAL SCHOOLS
Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts or independent school systems, or any combination thereof may estab lish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult education in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereto shall be first approved by a majority of the electors voting thereon in each of the school districts or systems affected thereby in separate referendums held in the man ner provided by law. The government, powers, and duties of boards of education participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the as sessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness of school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Educa tion pursuant to the provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.
Paragraph 2. Special Schools Heretofore Established Protected. Special schools, including vocational trade schools, established prior to the adoption of this Constitution, which were established under the pro visions of Article 7, Section 6, Paragraph (l)d of the Constitution of 1945, shall not be affected by this Constitution, and any political sub division which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all taxable property therein, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be incurred pur suant to the provisions of Article 5, Section 3, Paragraph 3, of this Con stitution and the laws of the State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addi tion to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the sup-

504

JOURNAL OP THE HOUSE,

port of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions of law.

The following amendment, adding Section 10, was read and adopted:

Messrs. Parker of the 44th and Collins of the 72nd move to amend the Committee substitute to HR 514-1028 as follows:
By adding to Article 6 a new Section, to be designated as "Section 10", to read as follows:
"SECTION 10
SCHOLARSHIPS FOR PROSPECTIVE TEACHERS
Paragraph 1. Scholarships for Prospective Teachers. The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000.00 received, and include the fur ther provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event. The General Assembly shall have the authority to ap propriate such funds to the State Board of Education as it deems wise and proper to carry out the purpose of this provision. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose."

The new Section 10 was adopted.

Article 6, as amended, was adopted.

The following paragraphs were read and adopted:

WEDNESDAY, JANUARY 21, 1970

505

ARTICLE 7 COUNTIES AND MUNICIPAL CORPORATIONS

SECTION 1

COUNTIES
Paragraph 1. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.
Paragraph 2. Counties; Number; New. There shall not be more than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of existing counties.

The following paragraph was read:

Paragraph 3. Consolidation, Merger, Division, Dissolution, Method. Upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of such county, or upon recommenda tion of two successive grand juries of such county, proposing the con solidation of two or more counties into one, or the merger of one or more counties into another, or the division of the county and the merger of portions thereof into other counties, it shall be the duty of the Judge of the Court of Ordinary to transmit a certified copy of such petition, or the recommendations of the grand juries, as the case may be, per taining to the proposal, to each Judge of the Court of Ordinary of all other counties proposed to be affected thereby, and it shall be the duty of the latter to cause to be published the proposals made by the elec tors or grand juries, as the case may be, in the newspaper in which sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years after the comple tion of the advertisements of the proposal and upon petition to the Court of Ordinary of not less than fifteen per centum of the registered electors of the other county or counties proposed to be affected there by expressing favor or approval of the proposal, or upon recommenda tion of two successive grand juries of the other county or counties proposed to be affected, expressing favor or approval of the pro posal made in the electors' petition, or recommendations of two suc cessive grand juries of the county initiating the proposal, it shall there upon be the duty of the Judges of the Courts of Ordinary of all such counties to certify the results of the action taken to the Governor, whose duty it shall be to cause the issue to be placed on the ballot in the coun ties proposed to be affected at the next regular general election held later than sixty days after the filing of the last petition or the date of the last grand jury recommendation, as the case may be, and pub-

506

JOURNAL OP THE HOUSE,

lishing notice thereof once a week for two weeks in the newspaper of each county in which the sheriff's advertisements are published. Upon ratification by a majority of the electors voting in each of the counties affected thereby, said majority to be computed separately for each, county, the General Assembly at the session next following such elec tion shall designate by law, without regard to the provisions of Para graph 5 hereof, the county site, the effective date of such merger, con solidation or division, as the case may be, subject to a limitation of two years from the action by the General Assembly, and shall provide for the election of county officers where required. The general Assembly shall have the power by law to further implement this Paragraph.

The following amendment was read and adopted:

Mr. Brantley of the 52nd moves to amend the Committee substitute to HR 514-1028 as follows:
By striking from Paragraph 3 of Section 1 of Article 7 the following:
From lines 14 and 15, page 79, the following:
", or upon recommendation of two successive grand juries of such county,";
From lines 19 and 20, page 79, the following:
", or the recommendations of the grand juries, as the case may be,";
From line 24, page 79, the following:
"or grand juries, as the case may be,";
From lines 1, 2 and 3, page 80, the following:
", or upon recommendation of two successive grand juries of the other county or counties proposed to be affected, expressing favor or approval of the proposal";
From lines 4 and 5, page 80, the following:
", or recommendations of two successive grand juries of the county initiating the proposal,";
From lines 11 and 12, page 80, the following:
"or the date of the last grand jury recommendation, as the case may be,".

WEDNESDAY, JANUARY 21, 1970

507

Paragraph 3, as amended, was adopted.

The following paragraphs were read and adopted:

Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed except as provided by general law.
Paragraph 5. County Sites Changed, Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a majority vote of the General Assembly and the ratification by a two-thirds vote of the electors of the county voting at a regular general election.

The following sub-paragraph was read and adopted:

Paragraph 6. Elections, Terms, and Compensation of Certain Of ficers.
(a) The Clerk of the Superior Court, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner where he has replaced the Tax Receiver and Tax Collector, Coroner, and Surveyor shall be elected by the electors of their county for terms of four years, Their qualifications, powers, and duties, and the grounds and procedure for their removal shall be as pro vided by general law.

The following sub-paragraph was read:

(b) Subject to Article 2, Section 7, Paragraph 4, the General As sembly, by local or general act, may abolish or consolidate any county office, except the Court of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision therefor.

The following amendments were read and adopted:

Mr. Brantley of the 52nd moves to amend the Committee substitute to HR 514-1028 by adding at the beginning of Sub-Paragraph (b) of Paragraph 6 of Section 1 of Article 7 the words:
"Subject to approval in a referendum held in the county affected", and by deleting the words:

508

JOURNAL OF THE HOUSE,

"Subject to Article 2, Section 7, Paragraph 4,".

Mr. Barfield of the 71st moves to amend the Committee substitute to HR 514-1028 as follows:

By striking the comma after the word Ordinary in subsection (b) of Paragraph 6 of Section 1 of Article 7, and inserting in lieu thereof the words and comma "and the office of Sheriff,", so that subsection (b) of Paragraph 6 of Section 1 of Article 7 when so amended will read as follows:

"(b) Subject to Article 2, Section 7, Paragraph 4, the Gen eral Assembly, by local or general act, may abolish or consolidate any county office, except the Court of Ordinary and the office of the Sheriff, and transfer the powers and duties thereof to another county office or otherwise make provision therefor."

Sub-section (b), was adopted, as amended.

The following sub-section was read and adopted:

(c) County officers shall be compensated as the General As sembly may provide.

Paragraph 6, as amended, was adopted.

The following paragraph was read:

Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local or general act, which shall include the authority to create a single county commissioner. Such commissioners shall be the governing authority of the county, and such local or general act shall provide the qualifications, terms, and com pensation and manner of election or appointment thereof. Such com missioners shall have the powers and duties provided in this Constitu tion and such other powers and duties as may be provided by law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed to fill a vacancy until the next general election, in such manner as may be provided by local or general act. Nevertheless, this provision shall not operate to prevent the General Assembly from assigning the duties of the governing authority of any county to the Court of Ordinary if it shall so elect in its discretion.

WEDNESDAY, JANUARY 21, 1970

509

The following amendment was read and adopted:

Mr. Grahl of the 40th moves to amend the Committee substitute to HR 514-1028 by deleting in its entirety the final sentence of Para graph 7, Section 1, Article 7.

Paragraph 7, as amended, was adopted.

The following sub-paragraphs of Paragraph 8 were read and adopted:

Paragraph 8. Powers of County Government. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, the governing authori ties of counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes:
(a) Pay the expenses of administration of the county government.
(b) Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, sewer and water systems, airports, docks, facilities for mass transit sys tems for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
(c) Provide for the expenses of the operation of courts, maintain and support prisoners, and direct and pay the expenses of litigation affecting the county.
(d) Establish and conduct public health, waste disposal and sanita tion programs and provide for the collection and preservation of records of vital statistics.
(e) Establish and maintain a county police department.
(f) Provide medical and other care, including hospitalization, for the indigent sick.
(g) Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
(h) Establish, conduct and participate in programs of welfare benefits and public assistance as may be provided by law.

510

JOURNAL OF THE HOUSE,

The following sub-paragraph was read:

(i) Provide fire protection for all property, including forest lands, and conserve natural resources.

The following amendment was read and adopted:

Mr. Atherton of the 117th moves to amend Committee substitute to House Resolution 514-1028 as follows:
By inserting in Article 7, Section 1, Paragraph 8, subparagraph (i) after the words "all property" the words "in the unincorporated areas"1
so that when so amended said subparagraph (i) shall read as follows:
"(i) Provide fire protection for all property in the unincor porated areas, including forest lands, and conserve natural re sources."

Sub-section (i), as amended, was adopted.

The following sub-paragraphs were read and adopted:

(j) Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for all officers and employees, their dependents and survivors, and for public school teach ers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.
(k) Establish and maintain recreation facilities and programs.
(1) Purchase liability insurance to cover damages for which the county is liable, or for which immunity has been waived by the General Assembly under general law.

The following sub-paragraph was read:

(m) In unincorporated areas a county may regulate traffic; regu late and impose licenses upon business and industry; adopt building,

WEDNESDAY, JANUARY 21, 1970

511

plumbing, and electrical codes; control air and water pollution; and in connection with any of said powers may provide a tribunal for hearing and for the punishment for infractions, provided, punishment for infrac tions shall in no event exceed that prescribed by general law for a mis demeanor, and provided further that upon conviction, any person shall have the right to appeal same to the appropriate court wherein a jury trial may be had on said infraction.

The following amendment was read and adopted:

Mr. Geisinger of the 72nd moves to amend the Committee Substitute to HR 514-1028 as follows:
By amending Article 7, Section 1, Paragraph 8 (m) Page 83, Line 17-18 (new) by deleting the words "control air and water pollution;"

Sub-paragraph (rn) as amended, was adopted.

Paragraph 8, as amended, was adopted.

Section 1, as amended, was adopted.

The following paragraph was read:

SECTION 2
MUNICIPAL CORPORATIONS
Paragraph 1. Creation. The General Assembly shall have the power to incorporate, divide and dissolve municipal corporations, and the power to merge or consolidate one or more municipal corporations with each other or with one or more counties in such manner and under such procedures as it may provide by law.

The following amendment was read:

Mr. Douglas of the 42nd moves to amend HR 514-1028, Committee Substitute Article 7, Section 2, Paragraph 1, by striking said paragraph in its entirety and inserting in lieu thereof the following:

512

JOURNAL OF THE HOUSE,

Paragraph 1. Creation. The General Assembly shall have the power to incorporate, divide and dissolve municipal corporations, and the power to merge or consolidate one or more municipal corpora tions with each other or with one or more counties in such manner and under such procedures as it may provide by law, provided no merger or consolidation as aforesaid shall be effective unless and until same is approved by a majority of those voting in a referendum in the cities and counties affected.

The following amendment to the Douglas amendment was read and adopted:

Mr. Lane of the 101st moves to amend Committee substitute to HR 514-1028 as follows:
By amending the Douglas amendment to Article 7, Section 2, Para graph 1 by adding between the words "in" and "the" in the last sen tence, the words "each of".

The Douglas amendment, as amended, was adopted.

Paragraph 1, as amended, was adopted.

The following paragraph was read and adopted:

Paragraph 2. Boundaries. The General Assembly shall have the power to alter the boundaries of municipal corporations by local law and to provide by general law the methods and procedures by which such boundaries may be altered.

The following paragraph was read:
Paragraph 3. Taxation. The General Assembly is authorized to grant the power of taxation to municipal corporations.
The following amendment was read and adopted:
Mr. Harris of the 77th moves to amend committee substitute for HR 514-1028 as follows:
By striking Paragraph 3 of Section 2 of Article 7 on page 84 in its

WEDNESDAY, JANUARY 21, 1970

513

entirety and substituting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Taxation. The General Assembly may pre scribe by general or special law the forms of taxation imposed by municipal corporations."

Paragraph 3, as amended, was adopted.

Section 2, as amended, was adopted.

The following paragraph was read:

SECTION 3
GENERAL PROVISIONS
COUNTIES AND MUNICIPAL CORPORATIONS
Paragraph 1. Home Rule. The governing authority of each county and of each municipal corporation is hereby granted the legislative power to adopt ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with this Constitution or any charter provision applicable thereto. This power shall also include the right to amend or repeal existing local legislation in the manner as may be prescribed by the General Assembly. The General Assembly is authorized to provide by law for additional powers of self-government of counties and municipal corporations and to delegate its legislative powers with respect thereto to be exercised subject only to statutes of general application pertaining to counties and municipal corpora tions.

The following amendment was read:

Mr. Conger of the 68th moves to amend Committee substitute to HR 514-1028 as follows:
By adding at the end of Paragraph 1 of Section 3 of Article 7, the following:
"The power granted to counties and municipalities shall not be construed to extend to the following matters or any other matter which the General Assembly by general law has preempted or may hereafter preempt:

514

JOURNAL OF THE HOUSE,

1. Action adopting any form of taxation beyond that au thorized by law on the effective date of this Constitution.

2. Action expanding the power of regulation over any busi ness activity regulated by the Public Service Commission be yond that authorized by local or general law on the effective date of this Constitution.

3. Action affecting the exercise of the power of eminent domain."

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 Black Bowen Brantley, H. L. Clarke Conger Davis, W. Dorminy Edwards Farmer

Griffin Harrison Hudson Hutchinson Joiner Jordan, G. Keyton Knowles Lane, W. J. Leonard

Mills Moate Murphy Nessmith Paris Parker, H. W. Poole Roach Shepherd

Those voting in the negative were Messrs.

Adams Alexander Atherton Barber Battle Bell Berry Bohannon Bond Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Cole Collins, S. Connell Cook Cooper Crowe Daugherty

Davis, E. T. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Egan Ellis Evans Ezzard Fallin Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Grahl
Graves

Gunter Hamilton Harrington Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill)

Lee, W. S. Le vitas Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Milford Moore Morris Northcutt Nunn Pafford Patterson

WEDNESDAY, JANUARY 21, 1970

515

Peters Peterson Phillips, L. L. Phillips, W. R. Pickard
Potts Rainey Reaves Ross Rush Salem Sherman Simkins Simmons Sims Smith, V. T.

Snow Sweat Thomason
Thompson, A. W. Thompson, R. Toles Townsend Vaughn Westlake Wheeler, Bobby Wilkinson Winkles Wilson Wood

Those not voting were Messrs.:

Anderson Barfield Bennett Blalock Bostick Brantley, H. H. Bray Brooks Caldwell Gates Chandler Collier Collins, M. Colwell Conner Dailey Dean, J. E. Farrar

Gignilliat Hadaway Hale Hargrett Harris, J. F. Harris, R. W. Holder Hood Lambert Lewis Longino Mason Matthews, D. R. McCracken Melton Merritt Miller Mullinax

Nash Odom Parker, C. A. Phillips, G. S. Pinkston Rowland Russell Scarborough Scarlett Shanahan Smith, J. R. Sorrells Wamble Ware Whaley Wheeler, J. A. Williams Mr. Speaker

On the adoption of the amendment, the ayes were 29, nays 112.

The amendment was lost.

Paragraph 1, was adopted.

The following paragraph was read:

Paragraph 2. Salaries and Benefits of County and Municipal Corp-

516

JOURNAL OF THE HOUSE,

oration Employees; How Fixed. The governing authority 0f each county and of each municipal corporation is authorized to fix the number, salary, compensation and expenses of all county and municipal corporation em ployees and to establish, maintain and modify retirement or pension systems, including existing retirement and pension systems, insurance, workmen's compensation, and hospitalization benefits for said em ployees.

The following amendment was read and adopted:

Mr. Felton of the 95th moves to amend Committee substitute to HR 514-1028 as follows:
By deleting the period and adding the following language to Article 7, Section 3, Paragraph 2:
"; provided, however, that the number, salary and compensation of assistant district attorney should be prescribed by the General Assembly."

Paragraph 2, as amended, was adopted.

The following paragraphs were read and adopted:

Paragraph 3. Slum Clearance and Redevelopment, Authority of Counties, Municipal Corporations, and Housing Authorities to do Slum Clearance and Redevelopment Work. The General Assembly may provide by law that any county, municipal corporation, or any housing authority now or hereafter established may undertake and carry out slum clear ance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the rehabilita tion of structures within such areas, the preparation of such areas for reuse, the acquisition of open land in undeveloped areas, 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 ex pended in furtherance thereof.
Paragraph 4. Zoning and Planning Laws. The General Assembly of the State shall have authority to grant the governing authorities of the municipal corporations and counties authority to pass zoning and planning laws whereby such municipal corporations or counties may be zoned or districted for various uses and other or different uses prohibited therein, and may regulate the use for which said zones or districts may be set apart, and may regulate the plans for development and improve ments on real estate therein. The General Assembly is further authorized

WEDNESDAY, JANUARY 21, 1970

517

to provide by law for joint planning and zoning commissions and to provide the powers and duties thereof. The governing authority of each county and municipal corporation is hereby authorized to participate in the costs of such planning commissions.

Paragraph 5. Consolidation or Transfer of Governmental Functions.

(a) The General Assembly may provide by law for the transfer by any municipal corporation to the county in which it is located any of its functions or powers and may provide for revocation of the transfer of any such function or power; and may provide for the transfer by any county to another county or to a municipal corporation within its boun daries or adjacent thereto any of its functions or powers, and may pro vide for revocation of the transfer of any such function or power.

(b) Except as limited by general law, any county or municipal corporation may agree to share the costs and responsibilities of functions and services with any one or more other governments.

Paragraph 6. Eminent Domain. Each county, municipal corporation, and school district is hereby authorized to exercise the power of eminent domain.

Section 3, as amended, was adopted.

Article 7, as amended, was adopted.

All articles having been adopted with the exception of Article 9, one section of which had been previously postponed, the Speaker announced that considera tion would now begin with the completed articles in order that any additional amendments or reconsiderations thereof might be properly considered.

ARTICLE 1.

The following amendment was read:

Mr. Dean of the 76th moves to amend the Judiciary Committee sub stitute to HR 514-1028 as follows:
By striking Paragraph 3 of Section 1 of Article 1 and inserting in lieu thereof a new Paragraph 3, to read as follows:
"Paragraph 3. No person shall be deprived of life, the means of life, liberty or property without due process of law, nor be de-

518

JOURNAL OF THE HOUSE,

nied the freedom from hunger or the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, sex, national origin, religion or ancestry."

An amendment to the Dean amendment, offered by Mr. Brown of the 110th, was read and lost.

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

Those voting in the affirmative were Messrs.

Alexander Ballard Bond Brown, B. D. Connell Daugherty

Dean, J. E. Dent Ezzard Farmer Hamilton Hill, B. L.

Horton Jordan, G. Matthews, C. Miles Moate

Those voting in the negative were Messrs.

Anderson Atherton Barber Battle Bell Berry Black Bowen Brantley, H. H. Brantley, H. L. Brown, C. Buck Burruss Busbee Chandler Cole Collier Collins, M. Collins, S. Conger Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dorminy

Douglas Edwards Egan Fallin Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Harrington Harris, J. R. Hawes Henderson Higginbotham Hill, G. Holder Howell Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mauldin Maxwell McDaniell Milford Moore Morris Mullinax
Poole Murphy Nash Nessmith Northcutt Nunn
Paris Parker, H. W.
Patterson Peters Phillips, L. L. Phillips, W. R. Potts Rainey

Reaves Roach Ross Rush Salem Scarlett Sherman Simkins

WEDNESDAY, JANUARY 21, 1970

519

Simmons Sims Snow Thomason Thompson, R.
Toles Townsend Vaughn

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wood

Those not voting were Messrs.:

Adams Barfield Bennett Blalock Bohannon Bostick Bray Brooks Caldwell Games Gates Clarke Colwell Conner Cook Dixon Dodson Ellis Evans Farrar Felton Floyd, J. H. Floyd, L. R.

Funk Hadaway Hale Hargrett Harris, J. F.
Harris, R. W. Harrison Hood Housley Johnson Joiner Keen Knapp Lambert Lewis Longino Mason Matthews, D. R. McClatchey McCracken Melton Merritt Miller

Odom Pafford Parker, C. A.
Peterson Phillips, G. S.
Pickard Pinkston Rowland Russell Scarborough Shanahan Shepherd Smith, J. R. Smith, V. T. Sorrells Sweat Thompson, A. W. Wamble Winkles Williams Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 17, nays 110.

The amendment was lost.

ARTICLE 2.

Mr. Busbee of the 61st moved that the House reconsider its action in adopt ing the following amendment to Article 2, Section 7, Paragraph 10, in order that the amendment could be removed by the reconsideration thereof:
Mr. Russell of the 70th moves to amend the Judiciary Committee Substitute for House Resolution No. 514-1028 as follows:

520

JOURNAL OF THE HOUSE,

By adding at the end of Section 7 of Article 2 a new Paragraph to be designated "Paragraph 10.", to read as follows:

"Paragraph 10. Milk and Dairy Products, Including Substitutes and Imitations. Due to the nature of the products and in order to protect the public, said products being affected with a public in terest, the General Assembly is hereby authorized to provide by law for such control and regulation as it deems advisable over milk and dairy products, including substitutes and imitations, and dele gate such of its powers in connection therewith as it deems ad visable."

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

Those voting in the affirmative were Messrs.:

Alexander Atherton Barber Battle Bell Berry Bostick Brantley, H. H. Brown, G. Buck Busbee Games Chandler Cole Collier Collins, S. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dodson Egan Ellis Evans Ezzard Fallin Farmer

Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Gunter Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger Lee, W. S.

Le vitas Marcus Mason Mauldin Maxwell McClatchey McDaniell Melton Moore Morris Mullinax Nunn Peters Phillips, W. R. Pickard Poole Rainey Rush Sherman Simkins Sims Smith, V. T. Thomason Thompson, A. W. Thompson, R. Townsend Whaley Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Anderson Ballard

Black Bowen

Brantley, H. L. Brooks

WEDNESDAY, JANUARY 21, 1970

521

Burruss Clarke Collins, M. Colwell Conger Cooper Crowe Dailey Dickinson Dixon Dorminy Douglas Edwards
Graves Griffin Hadaway Higginbotham

Hill, G. Hudson Jordan, H. S. Keyton Knowles Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Matthews, C.
Matthews, D. R. Miles Milford Moate Murphy

Nessmith Northcutt Pafford
Paris Parker, C. A. Parker, H. W. Patterson
Peterson Phillips, L. L. Potts Reaves Ross Sweat
Toles
Vaughn Wheeler, Bobby Wood

Those not voting were Messrs.:

Adams Barfield Bennett Blalock Bohannon Bond Bray Brown, B. D. Caldwell Gates Conner Dean, N. Farrar Hale Hargrett Harris, J. P.

Henderson Holder Hood Lambert Lane, Dick McCracken Merritt Miller Nash Odom Phillips, G. S. Pinkston Roach Rowland Russell Salem

Scarborough Scarlett Shanahan Shepherd Simmons Smith, J. R. Snow Sorrells Wamble Ware Westlake Wilkerson Winkles Williams Mr. Speaker

On the motion to reconsider, the ayes were 91, nays 57.

The motion prevailed, and the House reconsidered its action in adopting the Russell amendment, thereby deleting the same from Section 7 of Article 2.

Article 2, as amended, was again adopted.
ARTICLE 3.
Mr. Floyd of the 75th moved that the House reconsider Article 3, Section 7, Paragraph 4, in order that he might present an amendment thereto.

522

JOURNAL OF THE HOUSE,

The amendment was read.

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

Those voting in the affirmative were Messrs.

Adams Bell Bowen Brantley, H. EL Buck Games Chandler Collier Collins, S. Connell Cooper Davis, E. T. Davis, W. DeLong Dixon Dodson Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Gaynor

Geisinger Gignilliat Graves Gunter Harrington Harris, J. R. Higginbotham Hill, G. Hudson Jones, Herb Jones, M. Jordan, G. Keen Knapp Lane, Dick Lee, W. S. Leonard Levitas Lewis Lowrey Mauldin Maxwell

Milford Moore Morris Nessmith Pafford Rainey Shanahan Shepherd
Shernian Simkins Sims Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Wamble Westlake Whaley Winkles

Those voting in the negative were Messrs.

Alexander Anderson Atherton Ballard Barber Berry Black Bond Brantley, H. L.
Brooks Brown, B. D. Brown, C. Burruss Clarke Cole Colwell Cook Crowe Dailey Daugherty

Dickinson Dorminy Douglas Edwards Fallin Farmer Felton Gary Grahl Griffin Hadaway Hamilton Harrison Hawes Henderson Hill, B. L. Horton Housley Howell Hutchinson

Johnson Joiner Jones, C. M. Jordan, H. S.
Keyton Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Longino Marcus Matthews, C. McClatchey McDaniell Miles Mullinax Murphy Nunn Paris Parker, C. A.

WEDNESDAY, JANUARY 21, 1970

523

Parker, H. W. Patterson Peters Phillips, L. L. Poole Potts Reaves

Roach Ross Rush Salem Scarlett Simmons Smith, V. T.

Sorrells Vaughn Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs.:

Barfield Battle
Bennett Blalock Bohannon Bostick Bray Busbee Caldwell Gates Collins, M. Conger Conner Dean, J. E. Dean, N. Dent Ellis

Farrar Funk Hale Hargrett Harris, J. F. Harris, R. W. Holder Hood Lambert Mason Matthews, D. R. McCracken Melton Merritt Miller Moate Nash

Northcutt Odom Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Rowland Russell Scarborough Smith, J. R. Snow Ware Wilkerson Williams Wood Mr. Speaker

On the motion to reconsider, the ayes were 65, nays 89.

The motion was lost.

ARTICLE 4.

Mr. Lane of the 101st moved that the House reconsider Article 4, Section 8, Paragraph l(c) in order that he might present an amendment thereto.

The motion prevailed.

The following amendment was read and adopted:
Mr. Lane of the 101st moves to amend the Judiciary Committee substitute to HR 514-1028, as follows:

524

JOURNAL OF THE HOUSE,

By striking the provisions of subsection (c) of Paragraph 1 of Sec tion 8 of Article 4 and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) State Personnel Board. The State Personnel Board shall administer a State Merit System under which the State personnel under such system shall be selected on a basis of merit, fitness and efficiency. After initial appointments, the Board shall be composed of ten members who shall serve for staggered terms of office of five years each; provided, however, nothing herein shall effect the term of office of any person who is a member of said Board when this Constitution is approved, and any such member shall represent the Congressional District in which he resides for the term for which he was appointed. Each member shall represent a different Congressional District. This subsection shall be imple mented by general law. No State official or employee shall be a member of the Board."

Article 4, Section 8, Paragraph l(c), as amended, was adopted.

Article 4, as amended, was again adopted.

ARTICLE 5.

No amendments or reconsiderations thereof.

ARTICLE 6.

Mr. Connell of the 79th moved that the House reconsider Article 6, Section 5, Paragraph 6 in order that he might offer an amendment thereto.

The amendment was read.

The motion was lost.

Mr. Parker of the 44th moved that the House reconsider Article 6, Section 2, Paragraph 1, in order that he might offer an amendment thereto.

The motion prevailed and the paragraph was reconsidered.

WEDNESDAY, JANUARY 21, 1970

525

The following amendment was read and adopted:

Mr. Parker of the 44th moves to amend the Committee substitute to HR 514-1028 as follows:
By adding to the end of Paragraph 1 of Section 2, Article 6 the following:
"Notwithstanding anything in this Paragraph to the contrary, each member of the State Board of Education who is in office on the date this Constitution becomes effective who would have time re maining in his original appointment, but for the provisions in this Paragraph, shall retain his for the remainder of his term, unless he shall voluntarily vacate his seat prior to the elections provided for hereinabove."

Article 6, Section 2, Paragraph 1, as amended, was adopted.

Article 6, as amended, was again adopted.

ARTICLE 7.

No amendments or reconsiderations thereof.

ARTICLE 8.

No amendments or reconsiderations thereof.

ARTICLE 9.

The House having previously adopted Sections 1, and 3 of Article 9, the following Section 2 was read:

SECTION 2
EXISTING BOARDS, COMMISSIONS, AND AUTHORITIES
Paragraph 1. All existing boards, commissions, and authorities not specifically named in this Constitution shall remain as statutory

526

JOURNAL OF THE HOUSE,

boards, commissions, and authorities, and all existing constitutional and statutory provisions relating thereto shall remain in full force and ef fect as statutory law until changed by the General Assembly.

The following amendment was read and adopted:

Mr. Games of the 104th moves to amend HR 514-1028, Article 9, Section 2, of the proposed Constitution by adding at the end of the first sentence of Paragraph 1 the following,
"provided that where such existing boards, commissions, and authorities were authorized pursuant to existing constitutional pro visions, such boards, commissions, and authorities shall be constitu tional for all purposes until and unless altered or abolished by the General Assembly."
so that said Section when amended shall read as follows:
"SECTION 2
"EXISTING BOARDS, COMMISSIONS, AND AUTHORITIES
"Paragraph 1. All existing boards, commissions, and authori ties not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities, and all existing constitutional and statutory provisions relating thereto shall re main in full force and effect as statutory law until changed by the General Assembly, provided that where such existing boards, commissions, and authorities were authorized pursuant to existing constitutional provisions, such boards, commissions, and authorities shall be constitutional for all purposes until and unless altered or abolished by the General Assembly."

Section 2, as amended, was adopted.

The following Section 4 was read and adopted:

SECTION 4 EFFECTIVE DATE This Constitution shall become effective on July 1, 1971. Article 9, as amended, was adopted.

WEDNESDAY, JANUARY 21, 1970

527

The following referendum proviso, concluding HR 514-1028, was read and adopted.

Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the proposed new Constitution be ratified NO ( ) as the new Constitution of the State of Georgia?"

All persons desiring to vote in favor of ratifying the new Constitu tion shall vote "Yes". All persons desiring to vote against ratifying the new Constitution shall vote "No".

If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the new Constitu tion of the State of Georgia.

Mr. Busbee of the 61st moved that the House do now adjourn until 12:15 o'clock, tomorrow afternoon and the motion prevailed.

The Speaker announced the House adjourned until 12:15 o'clock, tomorrow afternoon, and HR 514-1028 was carried over as unfinished business.

528

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 22, 1970

The House met pursuant to adjournment at 12:15 o'clock, P. M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Carl M. Johnson, Pastor, Piedmont Avenue Baptist Church, Rockmart, 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.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

THURSDAY, JANUARY 22, 1970

529>

HB 1196. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Bond Law", so as to remove the provision limiting the interest rates of revenue bonds to 7% per annum; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1197. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, so. as to remove the provision limiting the interest rates of revenue cer tificates of hospital authorities to 7% per annum; and for other pur poses.
Referred to the the Committee on Banks and Banking.
HB 1198. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 57-119, relating to. interest rates on loans of $100,000 or more, so as to authorize the State of Georgia, its political subdivisions, public corporations, municipal corporations, authorities and associations to contract and act freely without legislative restriction or limitation as to interest rates in bor rowing or obtaining or using sums of $100,000 or more whether original^ ly or by renewal; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1199. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A Bill to be entitled an Act to create the Georgia Coastal Islands and Marshlands Planning Commission; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1200. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Jekyll Is land-State Park Authority Act", so as to provide an additional definition for the word "project"; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1204. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to fix the fees of the clerks of the superior courts of certain counties for certain services; and for other purposes-
Referred to the Committee on Local Affairs.

530

JOURNAL OF THE HOUSE,

HB 1205. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that no automobile license tag shall be issued to any minor unless such minor presents to the tagissuing agent a notarized statement from the minor's parent or guardian that he or she consents to the minor's buying an automobile license tag; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1206. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.
Referred to the Committee on Judiciary.

HB 1207. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 24-2612, relating to the expenses of assigned Judges, so as to provide for reimbursing judges of the superior court for expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally hold court; and for other purposes.
Referred to the Committee on Judiciary.

HB 1208. By Mr. Lee of the 61st:
A Bill to be entitled an Act to establish the Georgia Peace Officer Stan dards and Training Council; and for other purposes.
Referred to the Committee on State of Republic.

HB 1209. By Mr. Brantley of the 114th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Alpharetta, so as to change the terms of office of the Mayor, the Council, and City Recorder; and for other purposes.
Referred to the Committee on Local Affairs.

HR 590-1209. By Messrs. Clarke of the 33rd, McClatchey of the 113th, Winkles of the 96th and Farrar of the 77th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedures whereby in all counties having a population in excess of 600,000, there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each county comprising the county site of each such county; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, JANUARY 22, 1970

531

HR 591-1209. By Mr. Potts of the 30th:
A Resolution compensating1 Mr. James Elliott Kee; and for other pur poses.
Referred to the Committee on Appropriations.

HR 592-1209. By Mr. Jones of the 87th:
A Resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 593-1209. By Mr. Dodson of the 82nd: A Resolution compensating Dell D. Gledhill; and for other purposes.
Referred to the Committee on Appropriations.

HB 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the. 16th, Lee of the 21st, Miles of the 78th, McClatchey of the 113th, Pickard of the 84th, and Dean of the 19th:
A Bill to be entitled an Act to amend Code Chapter 47-10 relating1 to. lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.
Referred to the Committee on Industry.

HR 595-1210. By Mr. Johnson of the 29th:
A Resolution compensating Mr. Johnny C. Brooks; and for other pur-, poses.
Referred to the Committee on Appropriations.

HR 596-1210. By Mr. Johnson of the 29th:
A Resolution compensating Mrs. Annette Harrison; and for other poses.
Referred to the Committee on Appropriations.

HB 1211. By Messrs. Lowrey, Toles and Graves of the 9th and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing for the chain ing- or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

532

JOURNAL OF THE HOUSE,

HB 1212. By Messrs. Lewis of the 37th and Salem of the 51st:
A Bill to be entitled an Act known as the "Minimum Foundation Pro gram of Education Act", so as to change the provisions relating to the participation by the State and local governments in the cost of the Minimum Foundation Program; and for other purposes.
Referred to the Committee on Education.

HB 1213. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1214. By Mr. Collier of the 54th:
A Bill to be entitled an Act to provide an annual salary for the sheriff of Terrell County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1215. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, so as to change the method for determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1216 By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Section 79A-402, relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove certain provisions relating to the type of practical experience required by an applicant; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1217. By Mr. Dorminy of the 48th:
A Bill to be entitled an Act to provide for the regulation of community antenna television systems and companies by the Georgia Public Service Commission; and for other purposes.
Referred to the Committee on Industry.

THURSDAY, JANUARY 22, 1970

533

HB 1218. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide a uniform speed restriction for vehicles operating on the highways on this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

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

HB 1162. By Messrs. Murphy of the 19th, Paris of the 14th, Hudson of the 48th, Wheeler of the 57th, Knowles of the 22nd, Higginbotham of the 75th and others:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficer's Annuity and Benefit Fund, so as to provide for the Fund to receive a percentage of certain fines; and for other purposes.

HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes.

HB 1164. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 1165. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st, Snow of the 1st, Levitas of the 77th, Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 114-101, relating to^ the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions; to provide work men's compensation for their employees; and for other purposes.

534

JOURNAL OP THE HOUSE,

HB 1167. By Messrs. Bennett, Barfield and Reaves of the 71st, Fallin, Bostick and Matthews of the 63rd, and Keyton of the 70th:
A Bill to be entitled an Act to provide for an Assistant District Attorney in the Southern Judicial Circuit; to provide for his appointment, quali fications, authority and duties; and for other purposes.

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

HB 1169. By Mr. Dixon of the 65th:
A Bill to be entitled an Act to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; and for other purposes.

HB 1170. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers, so as to permit teachers who transferred from county school systems to the University System of Ga. to buy time and receive credit for any official leave of absence which was granted by the county school systems; and for other purposes.

HB 1171. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act so as to authorize prior service credit to certain persons previously employed in private sec ondary or junior high schools or academies; and for other purposes.

HB 1172. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to fix the terms of the Superior Court of Colquitt County; to provide and effective date; and for other purposes.

HB 1173. 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 establishing the State Employees' Retirement System so as to remove certain provisions re quiring reimbursement by the Department of Public Safety to the Re tirement System for permanent disability allowances and supplemental benefits paid to a member during his permanent disability; and for other purposes.

THURSDAY, JANUARY 22, 1970

535

HR 576-1173. By Mr. Douglas of the 42nd: A Resolution compensating Mr. Robert H. Lee; and for other purposes.

HR 577-1173. By Mr. Peters of the 2nd: A Resolution compensating Mr. Aubrey M. Honeycutt; and for other purposes.
HR 578-1173. By Mrs. Merritt of the 46th: A Resolution compensating Mr. John B. Merritt; and for other purposes.
HR 579-1173. By Mr. Brown of the 32nd: A Resolution compensating Hensley Office Equipment Company; and; for other purposes.
HB 1174. By Mr. Gates of the 95th: A Bill to be entitled an Act to amend an Act providing that cities havinga population of more than 150,000 shall furnish pensions to officers; and employees of such city, so as to provide that the widow of any person eligible for pension benefits by said Act and amendments shall be eligible to receive reduced benefits if she is in life at the time of her husband's death; and for other purposes.
HB 1175. By Mr. Gates of the 95th: A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments for cities having a population of 150,000 or more, so as to change certain provisions relating to the eligibility of a widow receiving benefits under said Act and amendments, so as to eliminate the requirements that a widow must have been married to a pensioner prior to his retirement from active service; and for other purposes.
HB 1176. By Mr. Gates of the 95th: A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Departments in cities having a population of more than 150,000, so as to change certain provisions relating to the eligibility of a widow receiving benefits under said Act and amendments, so as to eliminate the requirements that a widow must have been married to a pensioner prior to his retirement from active service; and for other purposes.

S36

JOURNAL OF THE HOUSE,

.HB 1177. By Messrs. Levitas of the 77th, Ware of the 30th, Horton and Felton of the 95th, Brown of the 110th, Conger of the 68th and Housley of the 117th:
A Bill to be entitled an Act to provide for a State agency to be known as the Bureau of State Planning and Community Affairs; and for other purposes.

1178. By Messrs. Rainey and Bowen of the 47th, Dailey of the 53rd, Black of the 45th, Rush of the 51st, Potts of the 30th, Jones of the 87th and others:
A Bill to be entitled an Act to amend an Act consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners, so as to provide that the State Board of Corrections shall continue to allocate prisoners which meet certain criteria; and for other purposes.

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th and Pickard of the 84th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the compensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.

HB 1180. By Mr. Townsend of the 115th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Chapter 26-12, relating to abortions, so as to define criminal abortion; and for other purposes.

HB 1181. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Stephens County, so as to provide for 4-year terms of office for members of the Board; and for other purposes.

HB 1182. 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 creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.

THURSDAY, JANUARY 22, 1970

537

HR 583-1182. By Mr. Grahl of the 40th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; and for other purposes.

HR 584-1182. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to Article VII, Section VII, paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.

HB 1183. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Dean of the 19th and Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of an honorary drivers' license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is perma nently disabled so that he cannot drive a motor vehicle; and for other purposes.

HB 1184. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act to reincorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; and for other purposes.

HB 1185. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the com pensation of the mayor and councilmen may be changed; and for other purposes.

HB 1186. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide that after the 1970 general elec tion, the general election in the City of Perry shall be conducted in each odd-numbered year; and for other purposes.

HB 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th, Thompson and Davis of the 86th:
A Bill to be entitled an Act to provide for a board of elections in each county of this State having a population of more than 155,000 and less

538

JOURNAL OP THE HOUSE,

than 185,000, to define its powers and duties concerning primaries and elections; to provide a method of appointment, resignation and removal of its members; and for other purposes.

HB 1188. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act creating a Board of Commissioners of Hous ton County, so as to provide a procedure whereby the compensation of the members of the Board of Commissioners may be changed; and for other purposes.

HB 1189. By Messrs. Jones of the 84th and Williams of the llth:
A Bill to be entitled an Act to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, so as to delete therefrom the restric tion on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; and for other purposes.

HR 585-1189. By Mr. Davis of the 75th: A Resolution compensating Mr. Joe B. Hogan; and for other purposes.
HR 586-1189. By Mr. Davis of the 75th: A Resolution compensating Mr. Hubert R. Wood; and for other purposes.
HR 587-1189. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Floyd of the 7th, Dean of the 19th and others: A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.
HB 1190. By Messrs. Nunn and Peterson of the 41st: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and pro viding for the establishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the jointly owned Natu ral Gas Transmission Line; and for other purposes.
HB 1191. By Mr. Johnson of the 29th: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide that time spent as a mem ber of the General Assembly shall be counted as a part of a member's creditable service; and for other purposes.

THURSDAY, JANUARY 22, 1970

539

HB 1192. By Mr. Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

HB 1193. By Mr. Joiner of the 35th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Washington County, so as to change the compensation of the deputy tax commissioner and the assistants to the tax commis sioner; and for other purposes.

HB 1194. By Messrs. Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd, Phillips of the 38th, Brown of the 32nd, Scarborough of the 81st and others:
A Bill to be entitled an Act to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administration and the cost of assistance programs; and for other purposes.

HB 1195. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to redefine "staff members", to include the Messenger and Doorkeeper for each of the two Houses of the General Assembly; and for other purposes.

HB 1201. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the retirement of the Judges and Solicitor-Generals of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County, and the Judges of the Juvenile Court of Fulton County, so as to fix the time within which such Judges, Solicitors General and other officers and persons eligible to qualify for participation in the Retirement Fund may qualify to participate therein; and for other purposes.

HB 1202. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend the Act establishing the State Employees' Retirement System, so as to delete a provision prohibiting credit for prior service for certain members who are civilian employees of the Army or Air National Guard; and for other purposes.
HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st, Mullinax of the 30th, Edwards of the 45th, Peters of the 2nd, Dickinson of the 118th and Kreeger of the 177th and others:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State

540

JOURNAL OF THE HOUSE,

Game and Fish Commission, so as to change the provisions for compen sating the Director of the State Game and Fish Commission; and for other purposes.

HB 1219. By Mr. Games of the 104th:
A Bill to he entitled an Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof par ticularly an Act approved March 28, 1961 (Ga. L. 1961, p. 2629), so as to change certain provisions relating to payment of one year's compen sation to a widow or minor child of a person, when a person covered by the Act dies as a result of injuries incurred in line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compensation Act are paid by reason of the death of a member resulting from injuries in line of duty; and for other purposes.

HB 1220. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof parparticularly an Act approved February 20, 1964 (Ga. L. 1964, p. 21612165), so as to change certain provisions relating to payment of one year's compensation to a widow or minor children of a person when a person covered by the Act dies as a result of injuries incurred in line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compensation Act are paid by reason of the death of a member resulting from injuries in line of duty; and for other purposes.

HB 1221. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain provisions relating to payment of one year's compensation to a widow or minor children of a person when a person covered by the Act dies as a result of injuries incurred in the line of duty; so as to eliminate the payment of one year's compensation to a widow or minor children if benefits under the Workmen's Compen sation Act are paid by reason of the death of the member resulting from injuries in the line of duty; and for other purposes.

HB 1222. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain provisions relating to payment of one year's compensation to a widow or minor children of a person when a person covered by the Act dies as a result of injuries incurred in the line of duty; so as to eliminate the payment of one year's compensation

THURSDAY, JANUARY 22, 1970

541

to a widow or minor children if benefits under the Workmen's Com pensation Act are paid by reason of the death of the member resulting from injuries in the line of duty; and for other purposes.

HB 1223. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain of the provisions relating to the eligibil ity of persons receiving benefits under such Act to be re-employed or reap pointed to any position in the government of such city; and so as to eliminate the restrictions upon officers or employees receiving pensions when contracted with an independent contractor to perform a special or particular service; and for other purposes.

HB 1224. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for a pension and retirement system for the officers and employees of certain cities so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-ap pointed to any position in the government of such city; so as to elimi nate the restriction upon officers or employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.

HB 1225. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof, particularly an Act approved March 28, 1961 (Ga. L. 1961, p. 2777), as amended by Ga. L. 1969, p. 3393, so as to change certain of the provi sions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and so as to eliminate the restriction upon officers or employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.

HB 1226. By Mr. Barber of the 15th:
A Bill to be entitled an Act establishing the Teachers' Retirement Sys tem, so as to provide that the term "earnable compensation" shall include the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.

542

JOURNAL OF THE HOUSE,

Mr. Murphy of the 19th, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks & Banking has had under consideration the fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1135. Do Pass, as Amended.
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 Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 555-1121. Do Pass.
HR 567-1161. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

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 of the House and has instructed me to report same back to the House with the following recommendations:
HB 1028. Do Pass, as amended.
HB 1045. Do Not Pass.
Respectfully submitted, Pickard of the 84th, Chairman.

THURSDAY, JANUARY 22, 1970

543

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 has instructed me to report same back to the House with the following recommendations:

HB 1153. Do Pass.

HB 1157. Do Pass.

HB 1159. Do Pass.

HB 1163. Do Pass.

HB 1164. Do Pass.

HB 1168. Do Pass.

HB 1172. Do Pass.

HB 1179. Do Pass.

HB 1181. Do Pass.

HB 1185. Do Pass.

HB 1187. Do Pass.

HB 1188. Do Pass.

HR 584-1182. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Edwards of the 45th, 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 Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HR 527-1072. Do Pass.

HR 543-1101. Do Pass.

SB

307. Do Pass, as amended.

Respectfully submitted, Edwards of the 45th, Chairman.

544

JOURNAL OP THE HOUSE,

Mr. Buck of the 84th, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 546-1101. Do Pass.
Respectfully submitted, Buck of the 84th, Chairman.

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

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 1052. Do Pass.

HB 706. Do Pass by Substitute.

HB 448. Do Not Pass.

HB 295. Do Not Pass.

HB 228. Do Pass, as Amended.

HR 259-788. Do Pass.

SB

7. Do Pass by Substitute.

SB

83. Do Pass.

SB

86. Do Pass, as amended.

Respectfully submitted, McClatchey of the 113th, Chairman.

THURSDAY, JANUARY 22, 1970

545

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has adopted the following Resolutions of the House, to-wit:

HR 573. By Messrs. Wood, Cooper and Williams of the llth:
A Resolution commending and congratulating the Gainesville High School Red Elephants Head Coach Bobby Gruhn and his staff; and for other purposes.

HR 581. By Mr. Toles of the 9th: A Resolution welcoming Dr. Grady Wilson; and for other purposes.

The following Resolution was read and adopted:

HR 598. By Messrs. Cole, Smith and Leonard of the 3rd:
A RESOLUTION
Congratulating Carol Wells; and for other purposes.
WHEREAS, Miss Carol Wells has recently been selected as Geor gia's Junior Miss; and
WHEREAS, Carol Wells was selected as Georgia's Junior Miss because she represents the ideal young woman of Georgia; and
WHEREAS, it is the desire of this body to express to Carol Wells, a native of Dalton, Georgia, its every wish for her continued success in representing the State of Georgia as its Junior Miss.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby extend to Carol Wells, an outstanding citizen of Dalton, Georgia, its heartiest congratulations upon her selection as Georgia's Junior Miss.
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 Miss Carol Wells.

546

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State of Republic and referred to the Committee on Local Affairs:

SB 292. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 39-1102, relating to the selection of the official organ of any county in this State, as amended, by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 271), so as to change the method of selecting the legal organ in certain counties in this State; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic and referred to the Committee on Defense and Veterans Affairs:

HB 1183. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th and Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating a 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 provide for the issuance of an honorary drivers' license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is permanently disabled so that he cannot drive a motor vehicle; to repeal conflicting laws; and for other purposes.

Under the special and continuing order of business, the proposed new Con stitution, HR 514-1028 was again taken up for consideration.

Mr. Busbee of the 61st moved the previous question.

The motion prevailed and the previous question was ordered.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.

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

THURSDAY, JANUARY 22, 1970

547

Those voting in the affirmative were Messrs.

Alexander Atherton Barber Barfield Battle Bell Berry Black Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Chandler Clarke Collier Collins, S. Connell Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson
Douglas
Edwards
Egan
Ellis
Evans
Ezzard
Fallin
Farrar
Felton
Floyd, J. H.
Floyd, L. R.

Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson 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. Levitas Longino Lowrey
Marcus
Mason
Matthews, D. R.
Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Miller
Morris

Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

548

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams Anderson Ballard Bennett Bowen Brooks Carnes Cole Collins, M. Colwell Conger Crowe

Dorminy Farmer Griffin Gunter Hargrett Harris, J. F. Higginbotham Hill, B. L. Hill, G. Jordan, G. Lane, W. J. Leonard

Lewis Mauldin Milford Moate Moore Peters Reaves Simmons Smith, J. R. Whaley

Those not voting were Messrs.:

Blalock Conner Hadaway Hale

Matthews, C. McCracken Rowland Salem

Sorrells Townsend Mr. Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 150, nays 34.

The Resolution, by substitute, as amended, having received the requisite twothirds constitutional majority, was adopted.

Mr. Farmer of the 16th requested that, pursuant to House Rule 198, the following explanation of his vote on the proposed new State Constitution appear in the Journal:
"I, Leon Farmer of the 16th District, voted 'nay' on the adoption of HR 514-1028 for the following reason:
While there is a great need for a new Constitution for the State of Georgia, the proposed new Constitution does not substantially correct the deficiencies of the present Constitution. The Constitution of the State of Georgia should be the basic document of government --containing general principles and provisions for the protection of the people of Georgia. The proposed new Constitution contains material of a statutory nature, and the document does not represent the best interests of the people of Georgia."
Mr. Sorrells of the 24th requested that the Journal record him as voting "aye" on the adoption of HR 514-1028, by substitute, as amended.

THURSDAY, JANUARY 22, 1970

549

The following Resolution of the House was read and adopted:

HR 602. By Messrs. Smith of the 43rd and Busbee of the 61st:
A RESOLUTION
Commending Representative Robin Harris; and for other purposes.
WHEREAS, Representative Robin Harris has labored many long and arduous hours overseeing the preparation of a proposed new Con stitution for this State; and
WHEREAS, in addition to the considerable time devoted to such project prior to the convening of the General Assembly, Robin Harris has devoted untold hours toward the study, explanation and presentation of the proposed new Constitution to the members of this body; and
WHEREAS, Robin Harris has demonstrated a statesman-like de meanor and courteous manner to each and every member of this body during the long hours which he has supervised the marshalling of the new Constitution through this House.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express and extend to Representative Robin Harris its deepest and sincerest appreciation and commendation for the outstanding manner in which he has con ducted himself during the preparation and presentation of the proposed new Constitution to this body.

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

HB 658. 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 "Georgia Building Authority (Hospital) Act", so as to increase the amount of bonds which the authority may issue at any one time; 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:

550

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Buck Gates Clarke Cole Colwell Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson
Douglas
Edwards
Egan
Ellis
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Gary
Gaynor
Geisinger
Gignilliat

Grahl Gunter Hadaway Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson 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.
Leonard
Longino
Marcus
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
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, W. R. Pickard Poole Potts Reaves Roach Ross Rush Russell Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Thomason Thompson, A. W.
Thompson, R.
Toles
Townsend
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

THURSDAY, JANUARY 22, 1970

551

Those voting in the negative were Messrs.:

Ballard Burruss

Dixon Jordan, G.

Those not voting were Messrs.:

Atherton Barfield Bennett Brantley, H. H. Brooks Brown, C. Busbee Caldwell Carnes Chandler Collier Collins, M. Collins, S. Conger Conner

DeLong Dorminy Evans Punk Graves Griffin Hale Harrington Harris, R. W. Howell Johnson Levitas Lewis Lowrey Mason

Matthews, C. McCracken Melton Nash Phillips, G. S. Phillips, L. L. Pinkston Rainey Rowland Salem Scarborough Sorrells Sweat Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 4.

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

Messrs. Levitas of the 77th, Graves and Lowrey of the 9th stated that they had been called from the floor of the House when the roll was called on the passage of HB 658, but had they been present would have voted "aye".

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; 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:

552

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Buck Burruss Games Gates Chandler Clarke Cole Collins, M. 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 Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harrison Hawes Henderson Higgibotham Hill, B. L. 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
Longino
Lowrey

Marcus Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Mullinax Murphy Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, W. R. Pickard Poole Potts Roach Rush Russell Scarlett Shanahan
Shepherd
Sherman
Simkins
Simmons
Sims
Smith, J. R.
Smith, V. T.
Snow
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Town send
Wamble

THURSDAY, JANUARY 22, 1970

553

Ware Westlake Whaley Wheeler, Bobby

Wheeler, J. A. Wilkerson Winkles Williams

Wilson Wood

Those not voting were Messrs.:

Barfield Bennett Bell Blalock Brooks Brown, B. D. Brown, C. Busbee Caldwell Collier Collins, S. Farrar Felton

Funk Hale Harris, J. R. Harris, R. W. Hill, G. Howell Lewis Mason Matthews, C. McCracken Morris Nash Northcutt

Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ross Rowland Salem Scarborough Sorrells Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 0.

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

By unanimous consent, HB 1029 was ordered immediately transmitted to the Senate.

HB 1038. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amuse ment tax on each admission to motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture

554

JOURNAL OF THE HOUSE,

by the Motion Picture Coding Association of America; to repeal con flicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. The governing authority of each municipality in the State of Georgia is hereby authorized to impose and collect an amuse ment tax on each admission to motion pictures, which tax shall be progressively graduated in accordance with the ratings applied to each motion picture by the Motion Picture Coding Association of America, i.e., a motion picture with a rating of "G" shall be assessed at a lower tax rate than a motion picture with a rating of "M"; a motion picture with a rating of "M" shall be assessed at a lower tax rate than a motion picture with a rating of "R"; and a motion picture with a rating of "R" shall be assessed at a lower tax rate than a motion picture with a rating of "X". All monies collected pursuant to this Section shall go to the municipal treasury or other fiscal depository of
the municipality.

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. Melton of the 32nd moves to amend the Committee substitute to HB 1038 as follows:
By inserting after the word "America", on line 13: "or as may be applied in the future, i.e., under the present system," and by striking "i.e."
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

Ballard Barber Battle Bell

Bennett Berry Black Bohannon

THURSDAY, JANUARY 22, 1970

555

Bostick Bowen Brantley, H. L. Brown, C. Buck Burruss Caldwell Oarnes Gates Chandler Clarke Cole Collins, M. Colwell Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas
Egan
Ellis
Evans
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Geisinger
Gignilliat
Grahl
Graves
Griffin

Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, G. Holder Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Longino
Lowrey
Marcus
Matthews, D. R.
Mauldin
Melton
Merritt
Miles
Milford
Moate
Moore
Morris
Mullinax
Murphy

Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell Scarlett Shanahan Shepherd Sherman Simkins
Simmons
Sims
Smith, V. T.
Thomason
Thompson, R.
Toles
Townsend
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams

Those voting in the negative were Messrs. :

Bond Hill, B. L.

Hood Leonard

Thompson, A. W.

556

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Blalock
Brantley, H. H. Bray Brooks Brown, B. D. Busbee Collier
Collins, S. Conner Cook Cooper Crowe Dean, J. E. Edwards

Gaynor Hale
Hamilton Harris, R. W. Hawes Housley Jones, M. Knapp
Lewis Mason Matthews, C. Maxwell McClatchey McCracken McDaniell

Miller Northcutt
Peterson Phillips, G. S. Rowland Salem Scarborough Smith, J. R.
Snow Sorrells Sweat Vaughn Wilson Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 5.

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

Messrs. Sweat of the 65th and Maxwell of the 78th wished to be recorded as voting "aye" on the passage of HB 1038, by substitute, as amended.

Mr. Ware of the 30th stated that his machine had been voted inadvertently and that he wished to be recorded as voting "nay" on HB 1038, by substitute, as amended.

HB 1039. By Mr. Melton of the 32nd: A Bill to be entitled an Act to authorize the governing authority of each county in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to authorize the governing authority of each county in the State of Georgia to impose and collect an amusement tax on each admission to motion pictures, with a graduated rate assessed

THURSDAY, JANUARY 22, 1970

557

in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The governing authority of each county in the State of Georgia is hereby authorized to impose and collect an amusement tax on each admission to motion pictures, which tax shall be progressively graduated in accordance with the ratings applied to each motion picture by the Motion Picture Coding Association of America, i.e., a motion picture with a rating of "G" shall be assessed at a lower tax rate than a motion picture with a rating of "M"; a motion picture with a rating of "M" shall be assessed at a lower tax rate than a motion pic ture with a rating of "R"; and a motion picture with a rating of "R" shall be assessed at a lower tax rate than a motion picture with a rating of "X". All monies collected pursuant to this Section shall go to the county treasury or other fiscal depository of the county.

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. Melton of the 32nd moves to amend the Committee substitute to HB 1039 as follows:
By inserting after the word "America", on line 13:
"or as may be applied in the future, i.e., under the present system," and by striking "i.e."

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 Atherton Ballard

Barber Barfield Battle Bell

Bennett Berry Black Bostick

558
Bowen Brantley, H. L, Brown, C. Buck Burruss Caldwell Carnes Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Cook Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas
Edwards
Egan
Ellis
Evans
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. E.
Funk
Gary
Geisinger
Gignilliat
Grahl
Graves
Gunter

JOURNAL OF THE HOUSE,

Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, G. Holder Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. 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.
Le vitas
Longino
Lowrey
Mason
Matthews, D. R.
Mauldin
Maxwell
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moore
Morris

Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell Scarborough Scarlett Shepherd Sherman Simkins
Simmons
Sims
Smith, V. T.
Snow
Sweat
Thomason
Thompson, R.
Toles
Townsend
Wamble
Westlake
Whaley
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wood

Those voting in the negative were Messrs.:

Bond Dean, J. E.

Ezzard Hill, B. L.

Hood Marcus

THURSDAY, JANUARY 22, 1970

559

Those not voting were Messrs.:

Alexander Blalock Bohannon Brantley, H. H. Bray Brooks Brown, B. D. Busbee Conger
Conner Cooper Daugherty Dorminy Gaynor

Griffin Hale Hamilton Harris, R. W. Hawes Housley Jones, M. Leonard Lewis
Matthews, C. McClatchey McCracken Moate Northcutt

Peterson Phillips, G. S. Pickard Rowland Salem Shanahan Smith, J. R. Sorrells Thompson, A. W.
Vaughn Ware Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 6.

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

HB 1040. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to impose a tax on obscene materials; to de fine terms; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby imposed a tax of $5,000.00 on the sale, or renewal of each individual film, book, magazine, photograph or other object of obscene material, which tax shall be returned and paid by the seller or lessor to the State Revenue Commissioner in accordance with the time requirements of Code Section 92-5908, relating to time of pay ment of taxes, as that section now provides or may hereafter be amended to provide.
Section 2. The term "obscene material", as used in this Act, shall apply to each copy of each film, book, magazine, photograph, or other

560

JOURNAL OF THE HOUSE,

object, as defined by Code Chapter 26-21, relating to distribution of ob scene material.

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 Anderson Ballard Barber Barfield
Battle Bell Bennett Berry Black Bohannon
Bostick Bowen Brantley, H. L. Brown, G. Buck Burruss Caldwell Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong

Dickinson Dixon Dodson 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. Harrison Henderson Higginbotham
Hill, G. Holder Horton 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 Mason Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris

THURSDAY, JANUARY 22, 1970

561

Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach

Rush Russell Scarlett Shepherd
Sherman Simkins Simmons Sims Smith, V. T.
Snow Sweat Thomason

Thompson, R. Toles Wamble Ware Westlake Whaley
Wheeler, J. A. Wilkerson Winkles Williams Wood

Those voting in the negative were Messrs.

Bond Dean, J. E.

Ezzard Hill, B. L.

Townsend

Those not voting were Messrs.:

Alexander Atherton Blalock Brantley, H. H. Bray Brooks Brown, B. D. Busbee Carnes Conger Conner Cook
Dent
Dorminy
Egan
Griffin
Hale

Hamilton Harris, J. R. Harris, R. W. Hawes Hood Housley Howell Jones, C. M. Jones, M. Le vitas Lewis Marcus
Matthews, C.
McClatchey
McCracken
Miller
Moate

Nunn Peterson Phillips, G. S. Pickard Ross Rowland Salem Scarborough Shanahan Smith, J. R. Sorrells Thompson, A. W.
Vaughn
Wheeler, Bobby
Wilson
Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 5.

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

Mr. Levitas of the 77th stated that he had been called from the floor of the House when the roll was called on the passage of HB 1040, by substitute, and that he wished to be recorded as voting "nay".

562

JOURNAL OF THE HOUSE,

HB 1064. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with the construction, alteration, repair or maintenance of a building structure appurtenances and appliances which undertake to hold the promisee free from liability for his own negligence shall be void and unenforceable as against public policy; 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 Barber Battle Bell Berry Black Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Carnes Gates 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 Douglas Egan Ellis Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison

Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, C. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mauldin

Maxwell McClatchey Melton Merritt Miles Milford Moate Moore Moore Mullinax Murphy Nunn Odom Pafford Paris Patterson Peters Peterson

THURSDAY, JANUARY 22, 1970

563

Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Roach Ross
Rush Russell Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Snow

Sweat Thomason
Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Ballard Dorminy

Parker, C. A. Whaley

Those not voting were Messrs.:

Barfield Bennett Blalock
Bowen Brantley, H. L. Brooks Busbee Caldwell Collier Collins, S. Dean, N. Edwards Felton Funk

Grahl Hale Hill, G.
Jordan, H. S. Lewis Mason Matthews, C. Matthews, D. R. McCracken McDaniell Miller Morris Nash Nessmith

Northcutt Parker, H. W. Phillips, G. S. Rainey Reaves Rowland Salem Smith, J. R. Smith, V. T. Sorrells Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A Bill to be entitled an Act to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property

564

JOURNAL OF THE HOUSE,

and take title thereto in the name of the partnership; and for other purposes.

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend HB 1149 by adding a new sentence at the end of the quoted paragraph 2, Section 1 to read as follows:
"The specification of this power shall not be construed to limit any other power which such limited partnership may have."

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 Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Caldwell Games Gates 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 Douglas Edwards Ellis Evans Ezzard Fallin Farmer
Farrar Felton Floyd, J. H.

Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb

THURSDAY, JANUARY 22, 1970

565

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 Mason Matthews, D. B. Mauldin Maxwell McClatchey McDaniell Melton Merritt

Miles Milford Moore Morris Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. E. Pinkston Poole Potts Rainey Reaves Rush

Russell Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T.
Snow Sweat Thomason Thompson, A. W. Toles Wamble Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Blalock Brantley, H. H. Brown, B. D.
Busbee Chandler Conger DeLong Dorminy Egan Punk Griffin Hale Harris, J. R. Harris, R. W.

Holder
Horton Jordan, H. S. Lewis Marcus Matthews, C.
McCracken Miller Moate Mullinax Pafford Phillips, G. S. Pickard Roach

Ross Rowland Salem Shanahan Simnions Sorrells Thompson, R. Townsend Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 0.

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

HB 1081. By Messrs. Lane of the 101st and Collins of the 72nd:
A Bill to be entitled an Act to create the Georgia Driving Instructors Examining Board; etc.; to repeal conflicting laws; and for other pur poses.

566

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Mr. Burruss of the 117th moves to amend HB 1081, Section 4, Para graph (a) by striking from line 16 the number "21" and inserting in lieu thereof the number "18".

Mr. Collins of the 72nd moves to amend HB 1081 as follows:

By striking from line 8, page 1, the word "qualified".

By striking from line 30, page 1, the word "two" and inserting in lieu thereof the word "three".

By striking from lines 2 and 3, page 2, the following: "the Georgia State Scuba Diving Instructors Association" and inserting in lieu there of the following: "National Association of Underwater Instructors".

By striking from line 3, page 2, the words "Scuba" and "Stores" and inserting in lieu thereof the words "Skin" and "Schools", respectively.

By striking from line 4, page 2, the following: "Professional As sociation of Diving Instructors".

By striking from line 5, page 2, the word "eight" and inserting in lieu thereof "nine".

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 Ballard Barber Barfield Battle Bennett Bohannon
Bostick Bowen Brantley, H. H. Burruss Carnes Clarke

Collins, M. Collins, S. Connell Cooper Daugherty Davis, E. T. Davis, W. Dent Douglas Edwards Farmer Floyd, L. R. Gary
Gaynor

Geisinger Gignilliat Grahl Hargrett Harris, J. R. Harrison Hill, G. Hood Housley Howell Hudson Hutchinson Jones, C. M. Jones, Herb

THURSDAY, JANUARY 22, 1970

567

Jordan, G. Jordan, H. S. Keyton Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Marcus Matthews, D. R.

Maxwell McDaniell Merritt Miles Nessmith Northcutt Parker, C. A. Patterson Peters Phillips, W. R. Poole Rainey Rush

Russell Scarlett Shepherd Simkins Sims Smith, V. T. Wamble Westlake Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.

Bell Berry Black Brantley, H. L. Brown, C. Buck Busbee Cole Colwell Crowe Dailey Dean, N. DeLong Dickinson Evans Fallin Farrar Floyd, J. H. Funk

Graves Gunter Harrington Hawes Henderson Holder Horton Johnson Joiner Jones, M. Knowles Lambert Mauldin Melton Milford Moore Morris Mullinax Murphy

Nunn Parker, H. W. Peterson Phillips, L. L. Pickard Potts Reaves Roach Ross Scarborough Shanahan Smith, J. R. Snow Thomason Toles Whaley Wilkerson Winkles

Those not voting were Messrs.:

Anderson Atherton Blalock Bond Bray Brooks Brown, B. D. Caldwell Gates Chandler Collier Conger Conner Cook Dean, J. E.

Dixon Dodson Dorminy Egan
Ellis Ezzard Felton Griffin Hadaway Hale Hamilton Harris, J. F. Harris, R. W. Higginbotham Hill, B. L.

Keen Knapp Levitas Lewis Mason Matthews, C. McClatchey McCracken Miller Moate Nash Odom Pafford Paris Phillips, G. S.

568
Pinkston Rowland Salem Sherman Simmons

JOURNAL OF THE HOUSE,

Sorrells Sweat Thompson, A. W. Thompson, R. Townsend

Vaughn Ware Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 80, nays 56.

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

Mr. Lane of the 101st 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 1081, as amended.

The following Resolution was read and adopted:

HR 607. By Messrs. Ross of the 26th, Davis of the 86th, Brantley of the 114th, Colwell of the 5th, Bell of the 73rd, Morris of the 73rd and Westlake of of the 75th:
A RESOLUTION
Congratulating Honorable Tom Shanahan; and for other purposes.
WHEREAS, the distinguished and able Representative from the 8th District is celebrating his 39th birthday today; and
WHEREAS, like so many other famous and outstanding personages Tom Shanahan has reached that enviable age at which he will never grow older due to the fact that he is 39 years of age and holding; and
WHEREAS, on this his birthday the members of this body wish to express to Honorable Tom Shanahan their appreciation for the oppor tunity of serving with so distinguished and able a legislator.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations on this the 39th birthday of Honorable Tom Shanahan, the distinguished and able Representative of the 8th District.

Leave of absence was granted to Mr. Matthews of the 16th because of illness.

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.

FRIDAY, JANUARY 23, 1970

569

Representative Hall, Atlanta, Georgia Friday, January 23, 1970

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. Gordon H. Mann, Rector, Episcopal Diocese of Atlanta, Georgia.

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

Mr. Collins of the 62nd, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

570

JOURNAL OF THE HOUSE,

HB 1227. By Messrs. Williams of the llth, Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd, Winkles of the 96th and Egan of the 116th:
A Bill to be entitled an Act to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as to prohibit the use of radar speed detection devices; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 597-1227. By Messrs. Williams of the llth, Gaynor of the 88th, Connell of the 79th, Anderson of the 49th, Barber of the 15th, Wilson of the 117th, Colwell of the 5th and Ellis of the 92nd: A Resolution proposing an amendment to the Constitution so as to exempt from taxation the tangible personal property, including motor vehicles, owned by or irrevocably held in trust for the exclusive benefit of private educational institutions; and for other purposes.
Referred to the Committee on Ways and Means.
HR 599-1227. By Mr. Battle of the 90th: A Resolution compensating Mrs. Docia Cox; and for other purposes.
Referred to the Committee on Appropriations.
HB 1228. By Messrs. Evans, Scarborough, Dodson and Knapp of the 81st and Miller of the 83rd: A Bill to be entitled an Act to amend Code Section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, so as to provide that executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; and for other purposes.
Referred to the Committee on Judiciary.
HB 1229. By Mr. Brooks of the 17th: A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HR 600-1229. By Mr. Mauldin of the 12th: A Resolution compensating Willie James Rucker; and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, JANUARY 23, 1970

571

HR 601-1229. By Mr. Potts of the 30th:
A Resolution compensating Mr. Greg Barrows; and for other pur poses.
Referred to the Committee on Appropriations.

HB 1230. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of com pensation, so as to provide that the budget covering the cost of operat ing the office of Ordinary shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1231. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1232. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1233. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget ap proved for the calendar year 1970; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1234. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to provide that the budget covering the

572

JOURNAL OF THE HOUSE,

cost of operating the office of the sheriff of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1235. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Chapter 9-1 and related laws to provide for the appointment of the State Board of Bar Ex aminers by the Supreme Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1236. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an an nual salary, so as to change the provisions relating to the salary and compensation and expenses of the sheriff of Calhoun County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 603-1236. By Messrs. Mason and Nash of the 13th:
A Resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County to enact ordinances for the policing and governing of said county and enforcement of all duties and powers now or hereafter vested in said Board and to pro vide penalties for violation of such ordinances; and for other purposes.
Referred to the Committee on Local Affairs.

HR 604-1236. By Mr. Johnson of the 29th:
A Resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.
Referred to the Committee on Appropriations.

HR 605-1236. By Messrs. Chandler and Harrington of the 34th:
A Resolution compensating Mrs. Juanita W. Worsham; and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, JANUARY 23, 1970

573

HR 606-1236. By Messrs. Chandler and Harrington of the 34th: A Resolution compensating Mrs. A. 0. Hodges; and for other purposes.
Referred to the Committee on Appropriations.

HB 1237. By Messrs. Hudson of the 48th, Rainey of the 47th, Phillips of the 38th, Holder of the 49th, Rush of the 51st and Scarborough of the 81st: A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for additional members of the State Water Quality Control Board; and for other purposes.
Referred to the Committee on Natural Resources.
By unanimous consent, the following bills and Resolutions of the House were read for the second time:

HB 1196. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Bond Law", so as to remove the provision limiting the interest rates of revenue bonds to 1% per annum; and for other purposes.

HB 1197. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, so as to remove the provision limiting the interest rates of revenue cer tificates of hospital authorities to 7% per annum; and for other purposes.

HB 1198. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 57-119, relating ing to interest rates on loans of $100,000 or more, so as to authorize the State of Georgia, its political subdivisions, public corporations, municipal corporations, authorities and associations to contract and act freely 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; and for other purposes.

HB 1199. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A Bill to be entitled an Act to create the Georgia Coastal Islands and Marshlands Planning Commission; and for other purposes.

574

JOURNAL OP THE HOUSE,

HB 1200. By Messrs. Nesstnith of the 44th, Battle of the 90th and Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act as the "Jekyll IslandState Park Authority Act", so as to provide an additional definition for the word "project"; and for other purposes.

HB 1204. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to fix the fees of the clerks of the superior courts of certain counties for certain services; and for other purposes.

HB 1205. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that no automobile license tag shall be issued to any minor unless such minor presents to the tabissuing agent a notarized statement from the minor's parent or guardian that he or she consents to the minor's buying an automobile license tag; and for other purposes.

HB 1206. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.

HB 1207. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 24-2612, relating to the expenses of assigned Judges, so as to provide for reimbursing judges of the superior court for expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally hold court; and for other purposes.

HB 1208. By Mr. Lee of the 61st: A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.
HB 1209. By Mr. Brantley of the 114th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Alpharetta, so as to change the terms of office of the Mayor, the Council, and City Recorder; and for other purposes.

FRIDAY, JANUARY 23, 1970

575

HR 590-1209. By Messrs. Clarke of the 33rd, McClatchey of the 113th, Winkles of the 96th and Parrar of the 77th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedures whereby in all counties having a population in excess of 600,000, there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each county comprising the county site of each county; and for other purposes.

HR 591-1209. By Mr. Potts of the 30th: A Resolution compensating Mr. James Elliott Kee; and for other pur poses.
HR 592-1209. By Mr. Jones of the 87th: A Resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.
HR 593-1209. By Mr. Dodson of the 82nd: A Resolution compensating Dell D. Gledhill; and for other purposes.
HB 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the 16th, Lee of the 21st, Miles of the 78th, McClatchey of the 113th, Pickard of the 84th, and Dean of the 19th: A Bill to be entitled an Act to amend Code Chapter 47-10 relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.

HR 595-1210. By Mr. Johnson of the 29th:
A Resolution compensating Mr. Johnny C. Brooks; and for other pur poses.

HR 596-1210. By Mr. Johnson of the 29th:
A Resolution compensating Mrs. Annette Harrison; and for other pur poses.

HB 1211. By Messrs. Lowrey, Toles and Graves of the 9th and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State; and for other purposes.

576

JOURNAL OF THE HOUSE,

HB 1212. By Messrs. Lewis of the 37th and Salem of the 51st:
A Bill to be entitled an Act known as the "Minimum Foundation Pro gram of Education Act", so as to change the provisions relating to the participation by the State and local governments in the cost of the Minimum Foundation Program; and for other purposes.

HB 1213. By Mr. Collier of the 54th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; and for other purposes.
HB 1214. By Mr. Collier of the 54th: A Bill to be entitled an Act to provide an annual salary for the sheriff of Terrell County; and for other purposes.
HB 1215. By Mr. Collier of the 54th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, so as to change the method for determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.

HB 1216. By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Section 79A-402, relating to the qualifications of applicants for registration as a licensed pharma cist, so as to remove certain provisions relating to the type of practical experience required by an applicant; and for other purposes.

HB 1217. By Mr. Dorminy of the 48th:
A Bill to be entitled an Act to provide for the regulation of com munity antenna television systems and companies by the Georgia Public Service Commission; and for other purposes.

HB 1218. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide a uniform speed restriction for vehicles operating on the highways of this State; and for other purposes.

FRIDAY, JANUARY 23, 1970

577

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 1034. By Mr. Howell of the 60th:
A Bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.

HB 1035. By Mr. Howell of the 60th:
A Bill to repeal an Act entitled "An Act to amend the charter of the City of Blakely . . .", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; and for other purposes.

HB 1036. By Mr. Howell of the 60th:
A Bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the requirements for separate and distinct accounts relating to revenues and disbursements pertaining to the operation and maintenance of said city's public utilities; and for other purposes.

HB 1037. By Mr. Howell of the 60th:
A Bill to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.

HB 1068. By Mrs. Merritt of the 46th:
A Bill to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensa tion, so as to change the compensation of the Clerk of the Superior Court of Schley County; and for other purposes.

578

JOURNAL OF THE HOUSE,

HB 1069. By Mrs. Merritt of the 46th:
A Bill to abolish the present mode of compensating the Ordinary of Sehley County, known as the fee system; to provide an annual salary; and for other purposes.

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

SB 324. By Senator Searcey of the 2nd:
A Bill to amend an Act revising, altering and consolidating into a com prehensive Act all laws relating to the Municipal Court of Savannah, etc.; so as to define the civil jurisdiction of said court in cases exceeding $500.00 etc.; to repeal conflicting laws; and for other purposes.

SB 344. By Senator Kidd of the 25th:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Baldwin County and providing a salary in lieu thereof, ap proved March 1, 1966 (Ga. Laws 1966, p. 2981), so as to change the compensation of the Sheriff and to provide for automatic raises; and for other purposes.

SB 345. By Senator Kidd of the 25th:
A Bill to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof, so as to change the compensation of the said tax collector and tax receiver and to provide for automatic salary increases; and for other purposes.
SB 346. By Senator Kidd of the 25th:
A Bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1967 (Ga. Laws 1967, p. 2006), so as to change the com pensation of said ordinary and to provide for automatic salary in creases; to repeal conflicting laws; and for other purposes.
SB 311. By Senators Plunkett of the 30th, Gillis of the 20th, Webb of the llth, and Young of the 13th:
A Bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of en gaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and serv ices to its members; etc.; to repeal conflicting laws; and for other purposes.

FRIDAY, JANUARY 23, 1970

579

SB 321. By Senator Smalley of the 28th:
A Bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing that such compensation may be paid from time to time as the condi tion of the trust or the trust estate permits; and for other purposes.

SB 334. By Senator Adams of the 26th:
A Bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness be included within the scope of coverage hospital care rendered on account of mental illness and hospital care when rendered by any psychiatric hospital duly licenses by the State of Georgia, etc.; to repeal conflicting laws; and for other purposes.

SB 340. By Senator Holloway of the 12th:
A Bill to amend Code Section 92-4611, relating to the duties of tax receivers, so as to provide that it shall be the duty of the tax receiver to enter upon the digest prepared by him an itemization of all proper ties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; and for other purposes.

SB 341. By Senator Holloway of the 12th:
A Bill to amend an Act providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to de termine that the valuation of the various classes of property are rea sonably uniform between the counties; to repeal conflicting1 laws; and for other purposes.

SB 223. By Senator Rowan of the 8th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick leave expenses not otherwise provided in said Act; to repeal conflicting laws; and for other purposes.

SB 224. By Senator Carter of the 14th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the par ticipation by the State government and local governments in the cost of the Minimum Foundation Program of Education; to repeal conflicting laws; and for other purposes.

580

JOURNAL OF THE HOUSE,

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A Bill to implement the provisions of the Federal Intergovernmental Corporation Act of 1968 etc.; to change the name of the State Planning and Programming Bureau; and for other purposes.

SB 310. By Senator Chapman of the 32nd:
A Bill to amend an Act, relating to a health insurance plan for State Employees, etc.; so as to increase the maximum permissible participation and contribution in the health insurance plan for employees by the State of Georgia; to provide an effective date, to repeal conflicting laws; and for other purposes.

SB 320. By Senator Smalley of the 28th:
A Bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates sharll apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.

SB 333. By Senator Webb of the llth:
A Bill to change the name of the "Southwestern State Hospital" to "Bainbridge State Hospital"; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 196. By Senator Miller of the 43rd: A Resolution commending Robert J. Castellani; and for other purposes.
SR 197. By Senator Smith of the 18th, Holloway of the 12th and Adams of the 26th: A Resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Commission; to provide for the submission of the amendment for rati fication or rejection; and for other purposes.
SR 216. By Senator Holloway of the 12th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property

FRIDAY, JANUARY 23, 1970

581

comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property or upon the basis of the average annual inventory maintained by the taxpayer; and for other purposes.

SR 217. By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may exempt from all taxation property used exclusively for the burial or interment of human remains if such, property is not held for the purpose of sale or lease; to provide for the submission of this amendment for ratification or rejection; 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:

SB 223. By Senator Rowan of the 8th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act"; and for other purposes.
Referred to the Committee on Education.

SB 224. By Senator Carter of the 14th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act"; so as to change the provisions relating to the par ticipation by the State government and Minimum Foundation Program of Education; to repeal conflicting laws; and for other purposes.
Referred to Committee on Education.

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A Bill to implement the provision of the Federal Intergovernmental Cooperation Act of 1968, etc.; and for other purposes.
Referred to Committee on Judiciary.

SB 310. By Senators Chapman of the 32nd and Kidd of the 25th:
A Bill to amend an Act, relating to a health insurance plan for State Employees, etc.; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

582

JOURNAL OF THE HOUSE,

SB 311. By Senators Plunkett of the 30th, Gillis of the 20th and others.
A Bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry.

SB 320. By Senator Smalley of the 28th:
A Bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provision of the Georgia Code with reference to administrators of estates shall apply to executors; and for other purposes.
Referred to Committee on Judiciary.

SB 321. By Senator Smalley of the 28th:
A Bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees; and for other purposes.
Referred to Committee on Special Judiciary.

SB 324. By Senator Searcey of the 2nd:
A Bill to amend an Act revising, altering and consolidating into a com prehensive Act all laws relating to the Municipal Court of Savannah, etc.; to repeal conflicting1 laws, and for other purposes.
Referred to Committee on Local Affairs.

SB 333. By Senator Webb of the llth:
A Bill to change the name of the unit of the Southwestern State Hos pital located at Bainbridge, Decatur County, Georgia, to the "Bainbridge State Hospital"; to repeal conflicting laws; and for other purposes.
Referred to Committee on State Institutions and Property.

SB 334. By Senator Adams of the 26th:
A Bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness insurance provide benefits for hospital care; and for other purposes.
Referred to Committee on Insurance.

FRIDAY, JANUARY 23, 1970

583

SB 340. By Senator Holloway of the 12th:
A Bill to amend Code Section 92-4611, relating to the duties of tax receivers, so as to provide that it shall be the duty as the tax receiver to enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; and for other purposes.
Referred to Committee on Ways and Means.

SB 341. By Senator Holloway of the 12th:
A Bill providing that the State Revenue Commission shall examine the tax digests of the several counties in order to determine the valuation of various classes of property are reasonably uniform between the counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Ways and Means.

SB 344. By Senator Kidd of the 25th:
A Bill abolishing the free system of compensating the Sheriff of Baldwin County and providing a salary in lieu thereof; so as to change the com pensation of the Sheriff and to provide for automatic raises; and for other purposes.
Referred to Committee on Local Affairs.

SB 345. By Senator Kidd of the 25th:
A Bill to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof; and for other purposes.
Referred to Committee on Local Affairs.

SB 346. By Senator Kidd of the 25th:
A Bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation; so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.
Referred to Committee on Local Affairs.

SR 196. By Senator Miller of the 43rd: A Resolution commending Robert J. Castellani; and for other purposes.
Referred Committee on Rules.

584

JOURNAL OP THE HOUSE,

SR 197. By Senators Smith of the 18th, Holloway of the 12th, and Adams of the 26th:
A Resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Com mission of the amendment for ratification or rejection; and for other purposes.
Referred to Committee on Ways and Means.

SR 216 By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation; and for other purposes.
Referred to Committee on Ways and Means.

SR 217. By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from all taxation real property used exclusively for the burial or interment of human remains if such real property is not held for the purpose of sale or lease; and for other purposes.
Referred to Committee on Ways and Means.

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

HB 1157. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers 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.

FRIDAY, JANUARY 23, 1970

585

HB 1168. By Messrs. Barfield, Bennett and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Section 21-105, relating to fees paid coroners, as amended, so as to change the compensation of the coroner in certain counties; 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 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the mayor and aldermen of said city to grant, bargain, sell and convey upon such sums as may be agreed upon, certain 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 110, nays 0.

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

HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Adel, so as to create the office of the city manager; 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.

586

JOURNAL OF THE HOUSE,

HB 1163. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, as amended, to increase the corporate limits 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 1164. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Emanuel County, etc; to provide an annual salary; to provide for the employment of assistants and personnel; 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 1172. By Messrs. Fallin and Bostick:
A Bill to be entitled an Act to fix the terms of the Superior Court of Colquitt 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.

FRIDAY, JANUARY 23, 1970

587

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th; Berry and Thompson of the 85th; Thompson and Davis of the 86th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus; and for other purposes.

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

On the passag-e of the Bill, the ayes were 110, nays 0.

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

HB 1187. By Messrs. Jones and Pickard of the 84th, Berry and Thompson of the 85th; Thompson and Davis of the 86th:
A Bill to be entitled an Act to provide for a board of elections in each county in this state having a certain population; 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 1181. By Mr. Moore of the 6th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Stephens County, so as to provide for 4-year terms; 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.

588

JOURNAL OF THE HOUSE,

HB 1185. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry; so as to provide the procedures under which the compensation of the mayor and councilmen may be changed; 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 1188. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act creating a Board of Commissioners of Houston County; to provide a procedure whereby the method of com pensation of said commissioners may be changed; 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.
The following Resolution of the Senate was read and adopted:
SR 210. By Senators Plunkett of the 30th, Rowan of the 8th, Webb of the llth and Gillis of the 20th:
A RESOLUTION
Commending the Honorable John H. Venable, M. D., Director of the Georgia Department of Public Health; and for other purposes.
WHEREAS, the Honorable John H. Venable, M. D., Director of the Georgia Department of Public Health for the past ten years, was re cently presented the Distinguished Service Award for outstanding work in the field of public health by the American Association of Public Health Physicians, an honor heretofore bestowed only on five men; and

FRIDAY, JANUARY 23, 1970

589

WHEREAS, Dr. Venable is well known to and admired by the members of the General Assembly, as the members of these Halls have relied for years on his informed and valuable counsel, a reliance which has never been misplaced; and

WHEREAS, the honorable gentleman is so highly thought of among his peers that they elected him President of the Conference of State and Provincial Health Authorities of North America in 1965; and

WHEREAS, a Phi Beta Kappa recipient from Emory University, Dr. Venable is regarded as a pursuasive factor in having Central State Hos pital transferred from the State Welfare Department to the Georgia Department of Public Health in 1960, a move which enabled mental health services in Georgia to become unified with physiological and environmental health services; and

WHEREAS, he, in 1963, reorganized his department in order to keep pace with technological and scientific advances and with the dy namic changes in social and economic affairs, and for seven years his pattern of reorganization has been regarded as the model administra tive organization for State Health Departments; and

WHEREAS, it has been said, and truthfully so, that the Honorable John H. Venable has done more than any other individual toward de veloping an effective Statewide comprehensive health service for all Georgians; and
WHEREAS, we, in Georgia, are privileged and grateful for having a man of Dr. Venable's experience, ability, integrity and vision at the reins of what many consider to be the State's most important agency.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby congratulates the Honorable John H. Venable, M. D., for being named the sixth recipient of the Distinguished Service Award of the American Association of Public Health Physicians, and commends him for having the ability and fortitude to implement his marvelous visions, and thus render to Geor gians a service which shall never be forgotten.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit this Resolution to the Honorable John H. Venable.

The following Resolutions of the House were read and adopted:
HR 608. By Messrs. Smith of the 43rd, Busbee of the 61st, Lambert of the 25th and chairmen of standing committees:
A RESOLUTION
Commending the students of the Yarborough Vocational Rehabilita tion Center at Central State Hospital; and for other purposes.

590

JOURNAL OP THE HOUSE,

WHEREAS, students from the Yarborough Vocational Rehabilita tion Center at Central State Hospital recently presented a gavel and block set to the Speaker of the House of Representatives, to each of the leaders of the House and to each of the chairmen of the standing com mittees of the House; and

WHEREAS, these gavel and block sets are beautifully made, being of excellent quality and outstanding craftsmanship; and

WHEREAS, these gavel and block sets were made of wood over 100 years old which was salvaged from very old buildings at Central State Hospital that have been replaced; and

WHEREAS, these students should be commended for their very kind and generous gesture and for the skills they have so clearly demon strated.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend the stu dents of the Yarborough Vocational Rehabilitation Center for an out standing display of their skill and craftsmanship in making said gavels and blocks, and sincere appreciation is hereby expressed to them for their generosity.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward appropriate copies of this Resolution to Honorable Jack P. Nix, State Superintendent of Schools; Honorable John H. Venable, Director, Department of Health; Honorable John Prickett, Director, Division of Vocational Rehabilitation, Depart ment of Education; Honorable J. B. Craig, Director, Central State Hos pital; Honorable W. C. Petty, Director of Vocational Rehabilitation Service, Central State Hospital; and to Honorable K. E. Donaszewski, Instructor in Woodcraft, Yarborough Vocational Rehabilitation Center.

HR 609. By Messrs. Pafford of the 64th, Nessmith of the 44th, Anderson of the 49th, Wheeler of the 57th, Phillips of the 50th, Hargrett of the 58th, Hudson of the 48th and many others:
A RESOLUTION
Urging the Commissioner of Agriculture to initiate a program of research to find profitable substitute crops for tobacco; and for other purposes.
WHEREAS, tobacco is the Number One money crop of a majority of the farmers in South Georgia; and
WHEREAS, tobacco has provided the funds to feed, clothe and educate the children of tobacco farmers and tobacco warehousemen and their employees; and

FRIDAY, JANUARY 23, 1970

591

WHEREAS, the fate of tobacco farmers is uncertain primarily be cause of the efforts and advertising of the American Cancer Society on television and in other news media; and

WHEREAS, tobacco farmers must be in a position to replace to bacco with other crops which are profitable in order to maintain their present standard of living; and

WHEREAS, it is in the best interest of the citizens of this State to assist the tobacco farmers in this effort.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby request and urge the Commissioner of Agriculture of the State of Georgia to im mediately initiate a program of research and call upon all other govern mental agencies to cooperate with him to find profitable substitute crops for tobacco.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolu tion to the Commissioner of Agriculture of the State of Georgia.

HR 610. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th and Cook of the 95th:
A RESOLUTION
Expressing regrets at the passing of the Honorable William Hewlette "Tubby" Walton; and for other purposes.
WHEREAS, the Honorable William Hewlette Walton passed away on January 18, 1970, at the age of 72; and
WHEREAS, Mr. Walton was affectionately known as Tubby by his many fans; and
WHEREAS, he was born in Corinth Community near Hogansville, Georgia; and
WHEREAS, he was a baseball player, manager, promoter, and scout of exceptional ability; and
WHEREAS, he discovered, recruited and developed dozens of major league players for the St. Louis Cardinals--such as Luke Appling, Cecil Travis, Johnny Mize and Jo Jo White; and
WHEREAS, he was a story-teller of great renown, having thrilled and entertained thousands with his boundless knowledge of baseball; and
WHEREAS, his life was characterized by his generosity and phi lanthropy towards those less fortunate than himself; and

592

JOURNAL OF THE HOUSE,

WHEREAS, during his long and eventful life he provided an in spiration to his community, the State, and the nation through his many outstanding contributions to the enjoyment of his beloved baseball and to the civic, religious, economic and political life of his State; and

WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by his passing.

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 one of this State's most out standing and distinguished citizens, the Honorable William Hewlette "Tubby" Walton.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit ap propriate copies of this Resolution to the widow and son of the Honor able William Hewlette "Tubby" Walton.

HR 611. By Mr. Johnson of the 29th:
A RESOLUTION
Commending the Honorable Mrs. Roy R. (Vinnie) Williams, one of Georgia's finest novelists and biographers; and for other purposes.
WHEREAS, the purple pen of the Honorable Mrs. Roy R. (Vinnie) Williams, of Thomson, McDuffie County, Georgia, has produced four magnificent novels, all of which depict Georgia and Georgians with an exactness and clarity heretofore missing from the modern world of letters; and
WHEREAS, the Honorable Vinnie Williams, owner of one of Tom Watson's homes, was made famous by her first novel, THE FRUIT TRAMP, which was published in 1957 and later made a Readers' Digest Condensed Novel, and her further successes were insured when she authored WALK EGYPT; I RESIGN YOU, STALLION; and GREENBONES; and
WHEREAS, WALK EGYPT was a Book-of-the-Month Club Selection in 1961; and
WHEREAS, the Honorable Vinnie Williams received a B.S. degree in journalism from Florida State University, and later an honorary Ph.D. from that institution, and she was chosen Author of the Year by the Dixie Council of Authors and Journalists, the Women's Club Council and the Georgia Writers' Association; and
WHEREAS, she has been vigorously acclaimed for her biography of the Honorable Randall Evans, Jr., which appeared in the Atlanta Journal-Constitution Sunday Magazine in the waning days of 1969; and

FRIDAY, JANUARY 23, 1970

593

WHEREAS, in addition to her manifold talents as a novelist and journalist, the Honorable Vinnie Williams excels as a mother and wife, catering to her daughter, Maridee, and husband, Roy, who was born in Dublin, Georgia, and who is a World War II veteran.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby commends the Honor able Vinnie Williams for excellence as a novelist, biographer, wife and mother, and wishes that she will continue, as she wishes, to get better.

BE IT FURTHER RESOLVED that the Clerk of the House is in structed to transmit a copy of this Resolution to the Honorable Vinnie Williams, 229 Lumpkin Street, Thomson, Georgia 30824.

HR 612. By Messrs. Mullinax, Blalock and Potts of the 30th, Bray of the 31st, Lewis of the 37th, Westlake of the 75th and Nessmith of the 44th:
A RESOLUTION
Commending Honorable Spiro T. Agnew, Vice President of the United States of America; and for other purposes.
WHEREAS, Honorable Spiro T. Agnew, Vice President of the United States of America is one of the most influential statesmen of our time; and
WHEREAS, he has recently cautioned the nation as to the dangers of concentration of control over the reporting of news; and
WHEREAS, he has fought unceasingly to preserve the right of all citizens to obtain factual information on the major issues of our time so as to better enable the people to make informed judgments on said issues; and
WHEREAS, he is an advocate for the preservation of the rights of the citizens of Georgia and the nation; and
WHEREAS, it is only befitting and proper that Honorable Spiro T. Agnew be recognized and commended for his many contributions to the people of Georgia and to the people of the United States of America.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend and congratulate the Honorable Spiro T. Agnew for the outstanding contri bution he has made to the preservation of the principles upon which our freedoms are based.

594

JOURNAL OP THE HOUSE,

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 the Honorable Spiro T. Agnew.

HR 613. By Mr. Brown of the 32nd:
A RESOLUTION
Commending the Honorable John S. "Jack" Langford, Sr.; and for other purposes.
WHEREAS, the Honorable John S. "Jack" Langford, Sr. has re cently retired from his position as City Manager of the City of Griffin, Georgia; and
WHEREAS, he was graduated from Boys High School in Atlanta in 1924 and attended Emory University; and
WHEREAS, he is a dedicated husband and the father of three fine sons; and
WHEREAS, he is a veteran of World War II, having served in the Army Signal Corps; and
WHEREAS, he is a member of the First Methodist Church of Griffin, having served said Church as Chairman of the Fund Raising Committee to raise funds for building the New First Methodist Church, a member of the Commission of Stewardship and Finance, a member and Vice-Chairman of the Board of Stewards; and
WHEREAS, he was a charter member and second President of the Griffin Kiwanis Club, a member and a Director of the Chamber of Commerce, which he served as Secretary to the Traffic and Parking Ad visory Committee during 1964; and
WHEREAS, he has been active in the American Legion, having served as State Commander in 1954-55, Adjutant of the State of Geor gia during 1955-56 and 1956-57, and National Executive Committeeman from Georgia and Chairman of the State Finance Committee in 196263; and
WHEREAS, he has served the City of Griffin, Georgia as its City Manager from 1946 to 1950 and from 1957 to 1970, and has performed his duties with selfless devotion; and
WHEREAS, the dedication and spirit of the Honorable John S. "Jack" Langford, Sr. have been a primary factor contributing to the growth and development of the City of Griffin, Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends the Honorable

FRIDAY, JANUARY 23, 1970

595

John S. "Jack" Langford, Sr. for his dedicated devotion to his duties and for his many years of civic, religious, economic and political service to his community, county and State.

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 John S. "Jack" Langford, Sr.

Mr. Busbee of the 61st moved that the House do now adjourn until 12:15 o'clock, Monday afternoon, January 26, 1970, and the motion prevailed.

The Speaker announced the House adjourned until 12:15 o'clock, Monday afternoon.

596

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 26, 1970

The House met pursuant to adjournment at 12:15 o'clock, P.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Inman Gerald, Pastor, First Baptist Church, Adrian, Georgia:
We thank Thee our heavenly Father for the great privilege of prayer, that men everywhere, as finite as we are, can beseech Thee anywhere, at any time.
We thank Thee for the rich heritage of the American way of life, bequeathed to us by men whose passion was liberty, not security, whose passion was freedom, not subsidy, their passion, principle, not ex pediency.
Help us not to forget that our foundation, the foundation of democ racy, was the foundation of the Word of God.
Help us not to forget that the gospel of Jesus Christ is responsible for every noble enterprise that blessed the people of our land.
Help us not to forget that our strength in international and na tional affairs has always been our allegience to Almighty God, and that "Righteousness exalteth a nation and sin is a reproach to any people".
Save us from violence, discord and confusion. Remove from us the sophistication of our age, and the skepticism that has come, like frost, to blight our faith and to make it weak.
Bring us back to a faith that makes us great and strong, a faith that enables us to love and live, and the faith by which we alone can walk with Thee. We pray for a return of that simple faith, that old fashioned trust in God, that made strong and great the homes of our ancestors, who built this good land, and who in building, left us our heritage.
Help us to restore to the seat of authority the Christian conscience, and revitalize those spiritual ideals that went first in the making of our great land.
Bless, we pray, these noble men and direct the councils of this honorable assembly.
We pray this humbly in the name of the Prince of Peace who shed His blood on the cross that men might have eternal life. Amen.

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

MONDAY, JANUARY 26, 1970

597

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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee on Agriculture:

HB 1238. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; to repeal 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 1227. By Messrs. Williams of the llth, Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd, Winkles of the 96th and Egan of the 116th:
A Bill to be entitled an Act to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as to prohibit the use of radar speed detection devices; and for other purposes.

598

JOURNAL OP THE HOUSE,

HR 597-1227. By Messrs. Williams of the llth, Gaynor of the 88th, Connell of the 79th, Anderson of the 49th, Barber of the 15th, Wilson of the 117th, Colwell of the 5th and Ellis of the 92nd:
A Resolution proposing an amendment to the Constitution so as to exempt from taxation the tangible personal property, including motor vehicles, owned by or irrevocably held in trust for the exclusive benefit of private educational institutions; and for other purposes.

HR 599-1227. By Mr. Battle of the 90th: A Resolution compensating Mrs. Docia Cox; and for other purposes.

HB 1228. By Messrs. Evans, Scarborough, Dodson and Knapp of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, so as to provide that executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; and for other purposes.

HB 1229. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; and for other purposes.

HR 600-1229. By Mr. Mauldin of the 12th:
A Resolution compensating Willie James Rucker; and for other pur poses.

HR 601-1229. By Mr. Potts of the 30th: A Resolution compensating Mr. Greg Barrows; and for other purposes.

HB 1230. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of com pensation, so as to provide that the budget covering the cost of operating the office of Ordinary shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

MONDAY, JANUARY 26, 1970

599

HB 1231. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 1232. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1233. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1234. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the sheriff of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1235. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Chapter 9-1 and related laws to provide for the appointment of the State Board of Bar Examiners by the Supreme Court; and for other purposes.

HB 1236. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an an nual salary, so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun County; and for other purposes.

600

JOURNAL OF THE HOUSE,

HR 603-1236. By Messrs. Mason and Nash of the 13th:
A Resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County to enact ordinances for the policing and governing of said county and enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.

HR 604-1236. By Mr. Johnson of the 29th:
A Resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.

HR 605-1236. By Messrs. Chandler and Harrington of the 34th:
A Resolution compensating Mrs. Juanita W. Worsham; and for other purposes.

HR 606-1236. By Messrs. Chandler and Harrington of the 34th: A Resolution compensating Mrs. A. 0. Hodges; and for other purposes.

HB 1237. By Messrs. Hudson of the 48th, Rainey of the 47th, Phillips of the 38th, Holder of the 49th, Rush of the 51st and Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for additional members of the State Water Quality Control Board; and for other purposes.

SB 223. By Senator Rowan of the 8th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act"; and for other purposes.

SB 224. By Senator Carter of the 14th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act"; so as to change the provisions relating to the participa tion by the State government and Minimum Foundation Program of Education; to repeal conflicting laws; and for other purposes.

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A Bill to implement the provision of the Federal Inter-governmental Cooperation Act of 1968, etc.; and for other purposes.

MONDAY, JANUARY 26, 1970

601

SB 310. By Senators Chapman of the 32nd and Kidd of the 25th:
A Bill to amend an Act, relating to a health insurance plan for State Employees, etc.; to repeal conflicting laws; and for other purposes.

SB 311. By Senators Plunkett of the 30th, Gillis of the 20th and others:
A Bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, to repeal conflicting laws; and for other purposes.

SB 320. By Senator Smalley of the 28th:
A Bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provision of the Georgia Code with reference to administrators of estates shall apply to executors; and for other pur poses.

SB 321. By Senator Smalley of the 28th:
A Bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees; and for other purposes.

SB 324. By Senator Searcey of the 2nd:
A Bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, etc.; to repeal conflicting laws; and for other purposes.

SB 333. By Senator Webb of the llth:
A Bill to change the name of the unit of the Southwestern State Hospital located at Bainbridge, Decatur County, Georgia, to the "Bainbridge State Hospital"; to repeal conflicting laws; and for other pur poses.
SB 334. By Senator Adams of the 26th:
A Bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness insurance provide benefits for hospital care; and for other purposes.

602

JOURNAL OF THE HOUSE,

SB 340. By Senator Holloway of the 12th:
A Bill to amend Code Section 92-4611, relating to the duties of tax receivers, so as to provide that it shall be the duty of the tax receiver to enter upon the digest prepared by him an itemization of all proper ties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; and for other purposes.

SB 341. By Senator Holloway of the 12th:
A Bill providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine the valua tion of various classes of property are reasonably uniform between the counties; to repeal conflicting laws; and other purposes.

SB 344. By Senator Kidd of the 25th:
A Bill abolishing the fee system of compensating the Sheriff of Bald win County and providing a salary in lieu thereof; so as to change the compensation of the Sheriff and to provide for automatic raises; and for other purposes.

SB 345. By Senator Kidd of the 25th:
A Bill to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof; and for other purposes.

SB 346. By Senator Kidd of the 25th:
A Bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation; so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.
SR 196. By Senator Miller of the 43rd:
A Resolution commending Robert J. Castellani; and for other pur poses.
SR 197. By Senators Smith of the 18th, Holloway of the 12th, and Adams of the 26th: A Resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Com mission; to provide for the submission of the amendment for ratifica tion or rejection; and for other purposes.

MONDAY, JANUARY 26, 1970

603

SR 216. By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation; and for other purposes.

SR 217. By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from all taxation real property used exclusively for the burial or interment of human re mains if such real property is not held for the purpose of sale or lease; and for other purposes.

Mr. Ware of the 30th, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 587-1189. Do Pass by Substitute.
Respectfully submitted, Ware of the 30th, Chairman.

The following communications were received and read:

HOUSE OF REPRESENTATIVES Atlanta, Georgia January 26, 1970
Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia
Dear Jack:
Pursuant to the provisions of House Resolution No. 529, I am here by appointing Honorable George Busbee, District 61 to serve as Chair-

604

JOURNAL OF THE HOUSE,

man of the Rules Committee and Honorable E. Roy Lambert, District 25 to serve as Vice-Chairman of the Rules Committee.
With kindest regards, I am Sincerely yours, /a/ Geo. L. Smith II
GLS:eph CC: Honorable Ben W. Fortson, Jr., Secretary of State
Honorable Jack B. Ray, State Treasurer Honorable Gary Bond, Fiscal Officer Honorable Frank Edwards, Legislative Counsel Honorable George Busbee Honorable E. Roy Lambert

HOUSE OF REPRESENTATIVES Atlanta, Georgia January 26, 1970

Honorable Glenn W. Ellard Clerk, House of Representatives Room 309, State Capitol Atlanta, Georgia

Dear Jack:

This is to advise you that I am making the following appointments to committees to fill the vacancy of Mr. Emory Rowland.

INDUSTRIAL RELATIONS (Standing Committee) Mullinax, Vice Chairman Brown of the 110th, Secretary

Employment Services (Subcommittee) Sims, Chairman
APPROPRIATIONS (Standing Committee) Law, Legislative & Regulatory Agencies Dodson, Chairman

With kindest regards, I am

GLS:eph

Sincerely yours, /s/ Geo. L. Smith II

CC: Honorable William J. Lee, Chairman, Industrial Relations Honorable James Floyd, Chairman, Appropriations Honorable Jack B. Ray, State Treasurer Honorable Ben W. Fortson, Jr., Secretary of State Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer, General Assembly Each of above members

MONDAY, JANUARY 26, 1970

605

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 326. By Senator Smalley of the 28th:
A Bill to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settler and the trustee; and for other purposes.

SB 343. By Senator Kidd of the 25th:
A Bill to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, as amended, so as to provide for the issuance of an honorary driver's license to the spouse of any disabled veteran who otherwise eligible for an honorary driver's license but who is perman ently disabled and cannot drive a motor vehicle; to repeal conflicting laws; and for other purposes.

SB 347. By Senator Kidd of the 25th:
A Bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other veterans; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SR 233. By Senator Frank Coggins of the 35th:
A Resolution commending the Atlanta Braves Baseball Team; and for other purposes.

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

606

JOURNAL OF THE HOUSE,

SB 326. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settlor and the trustee; and for other purposes.'
Referred to the Committee on Judiciary.

SB 343. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' license, so as to provide for the issuance of an honorary driver's license to the spouse of certain disabled veterans; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

SB 347. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile tags to disabled veterans, so as to provide for the is suance of license tags to certain other veterans; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

Mr. Keen of the 81st arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Special Judiciary for further study:

HB 706. By Messrs. Lee of the 61st and Roach of the 10th:
A Bill to be entitled an Act to prohibit possession, custody or control of any revolver which is not equipped with a safety device contained between the hammer and the frame of the revolver designed to prevent forward movement of the hammer to the firing position when the trigger has not been depressed, etc.; and for other purposes.

The following communication was received and read:
TO THE GENERAL ASSEMBLY OF GEORGIA: Lieutenant Governor George T. Smith, President State Senate. Honorable George L. Smith, Speaker of the House.
Pursuant to the rights, powers and privileges granted under Sec tion 68-1003 of the Code of Georgia of 1933, as amended by the Act

MONDAY, JANUARY 26, 1970

607

of the General Assembly approved March 27, 1947, we, the members of the Georgia Public Service Commission, submit herewith as required by Section 68-1004 of the Code of Georgia of 1933 copy of a reciprocal agreement between the State of Georgia and the State of California, bearing date of December 5, 1969.

Submitted this the 19th day of January, 1970.

Respectfully submitted, /s/ William H. Kimbrough, Chairman /s/ Ben T. Wiggins, Vice Chairman /s/ Alpha A. Fowler, Commissioner /s/ Walter R. McDonald, Commissioner /s/ Crawford L. Pilcher, Commissioner

Attest: /s/ A. 0. Handall, Secretary.

RECIPROCAL AGREEMENT BETWEEN
THE STATE OP GEORGIA AND THE STATE OF CALIFORNIA

Pursuant to and in conformity with the laws of the State of Georgia and the laws of the State of California, it is hereby mutually agreed by the Multistate Reciprocal Committee, acting for and on behalf of the Georgia Public Service Commission, and the Georgia Department of Revenue, and the California Reciprocity Commission, acting for the State of California, as follows:

Paragraph 1. This agreement shall apply to commercial motor carriers who are domiciled and whose vehicles are properly licensed in either of the reciprocating jurisdictions and who operate in interstate commerce. This agreement shall apply only to commercial vehicles operating for-hire in interstate commerce from Georgia into or through California and from California into or through Georgia.

Paragraph 2. It is further provided that all for-hire operators must register their Interstate Commerce Commission authority with the appropriate State authority, the Public Service Commission in Georgia and the Public Utilities Commission in California, and pay the required non-recurring $25 filing or registration fee prior to engaging in forhire transportation in either State. The Georgia Public Service Com mission will not collect the $25 annual vehicle registration fee and the State of California agrees that it will not collect any annual per vehicle or per carrier regulatory fees which are or may be imposed by the California Public Utilities Code; provided, however, that such for-hire carriers will register all vehicles to be operated in the respective juris dictions by the purchase of a $1 registration stamp for each vehicle as provided in Public Law 89-170.

608

JOURNAL OF THE HOUSE,

Paragraph 3. This agreement shall not affect any reciprocal agree ments Georgia or California may make or enter into with any other states.

Paragraph 4. This agreement shall not be construed to authorize the operation of motor vehicles upon the highways of either of the states in excess of the maximum weight, length, width, or height allowed by the laws of such State in which such vehicle is being operated. All operators of vehicles carrying licenses of either of the States entering into this agreement, shall operate under the laws and conform to the regulations governing the operation of motor vehicles in the State where they are being operated and failure to do so shall subject operators of such motor vehicles to prosecution and fine under the laws of the State in which they are operating.

Paragraph 5. Each of the contracting parties of each State shall cooperate with each other and hereby agree to furnish such aid and as sistance to the other as may be within their statutory authority as will aid in the proper enforcement of this agreement, and to carry out the purposes of their legislative Acts pursuant to which this agreement has been made.

Paragraph 6. This agreement shall become effective upon approval and shall continue in full force thereafter until modified or cancelled by either party upon thirty (30) days written notice.

IN WITNESS WHEREOF, The State of Georgia and the State of California each acting by and through, its duly authorized officials, have executed this agreement on this the 5th day of December, 1969.

STATE OF GEORGIA GEORGIA RECIPROCITY COMMITTEE:
STATE OF CALFORNIA CALIFORNIA RECIPROCITY COMMISSION
/s/ Vern Orr, Chairman /s/ Walter R. McDonald, Chairman /s/ Peyton S. Hawes, Member /s/ Murray A. Chappell, Member

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and many others:
A Bill to be entitled an Act to provide for the reclamation of natural resources owned by public entities when the deterioration of such re sources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes; and for other purposes.

MONDAY, JANUARY 26, 1970

609

The following Committee amendment was read and adopted:

The Committee on Natural Resources moves to amend Senate Bill No. 307 as follows:

By striking the title in its entirety and inserting in lieu thereof a new title to read as follows:

"An Act to provide for the reclamation of natural resources owned by any county or municipality when the deterioration of such resources is caused by erosion, Act of God or other unforeseen event; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes."

By striking the first sentence of Section 1 and inserting in lieu thereof a new sentence to read as follows:

"Section 1. Authorization is hereby granted for the use of State funds for the purpose of reclaiming natural resources owned by any county or municipality, which resources have deteriorated due to erosion, Act of God or other unforeseen event."

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.
HB 1044. By Mr. Gaynor of the 88th: A Bill to be entitled an Act to amend Code Section 29-409, relating to the witnessing of deeds executed out of this State, so as to delete there from certain of the requirements relating to the attachment of the seal and certain certifications when out-of-state notaries have witnessed such documents; 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 1.

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

610

JOURNAL OF THE HOUSE,

Mr. Harris of the 77th requested the journal record his vote as "nay" on HB 1044.

HB 1049. By Mr. Douglas of the 42nd:
A Bill to he entitled an Act to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; 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. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnea Cates Chandler Clarke Cole Collier

Collins, M. Collins, S. Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean Dent Dickinson Dixon Dodson Dorminy Douglas Ellis Evans Ezzard Fallin Farrar Felton Floyd, L. R. Gary Geisinger Gignilliat Grahl Graves

Griffin Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Higginbotham Hill, G. Horton Housley Howell Hudson Hutchinson Joiner, F. A. Jones, Herb Jordan,G. Jordan, H. S. Keen Knapp Knowles Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lowrey Marcus Matthews, D. R. Mauldin McClatchey

Merritt Miles Milford Morris Mullinax Nessmith Pafford Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston

MONDAY, JANUARY 26, 1970

611

Poole Potts Roach Ross Salem Scarborough Shanahan Shepherd Simkins Simmons Sims Snow Sweat Thomason

Thompson, A. W. Thompson, R. Toles Vaughn Wamble "Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.: Townsend

Those not voting were Messrs.:

Blalock Caldwell Cooper Dean, J. E. DeLong Edwards Egan Farmer Floyd, J. H. Funk Gaynor Hale Hamilton Hargrett Harris, R. W. Harrison Hawes Henderson Hill, B. L. Holder

Hood Johnson Jones, C. M. Jones, M. Keyton Kreeger Lane, W. J. Lewis Longino Mason Matthews, C. Maxwell McCracken McDaniell Melton Miller Moate Moore Murphy Nash

Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Peterson Rainey Reaves Rowland Rush Russell Scarlett Sherman Smith, J. R. Smith, V. T. Sorrells Whaley Winkles Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 1.

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

612

JOURNAL OF THE HOUSE,

HB 1052. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission or tortious act within this state, etc. using or possessing real property situated within this State, etc. as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend HB 1052 by adding in the title before the words "to repeal conflicting laws" the words "to amend Section 4 of Act pertaining to venue".
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 Andersori Atherton Ballard Barber Battle Bell Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes

Gates Chandler Clarke
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 Farmer Farrar Felton Floyd, L. R. Gary Geisinger Gignilliat Graves Griffin Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham
Hill, B. L. Hill, G. Holder Horton

MONDAY, JANUARY 26, 1970

613

Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Rnowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas
Lowrey
Marcus
Matthews, C.
Matthews, D. E.
Mauldin
McClatchey

McDaniell Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Odom Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pickard
Pinkston
Poole
Potts
Roach
Ross
Rush

Salem Scarborough Shanahan Shepherd Simkins Simmons Sims Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

Those not voting were Messrs.:

Barfield Bennett Blalock Connell Dean, J. E. DeLong Ellis Fallin Floyd, J. H. Funk Gaynor Grahl Hadaway Hale Hamilton

Harris, R. W. Hawes Hood Johnson Jones, Herb Keyton Lewis Longino Mason Maxwell McCracken Melton Nash Nunn Pafford

Paris Parker, C. A. Peterson Rainey Reaves Rowland Russell Scarlett Sherman Smith, J. R. Smith, V. T. Snow Whaley 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.

614

JOURNAL OF THE HOUSE,

Mr. Hawes of the 95th requested the Journal record his vote as "aye" on the passage of HB 1052, as amended.

HB 1028. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to provide that it shall be unlawful for any person to issue, mail or otherwise deliver or attempt to deliver a credit card to any person in this State when such person has not applied therefor in writing; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Industry moves to amend H. B. No. 1028 as follows:
By striking the period at the end of the first sentence of quoted Section 26-1705.8A of Section 1 and inserting in lieu thereof a semicolon and the following language:
"provided, however, a written request shall not be required for the issuance of a renewal credit card to the holder of an expiring credit card.".

The following amendments were read and adopted:
Mr. Simkins of the 78th moves to amend HB 1028 by adding after the semi-colon in line 7 the words "and to provide an effective date";
and by adding a new Section 2 to read as follows:
"The effective date of this Act shall be April 15th, 1970.", and by renumbering Section 2 as Section 3.

Mr. Hawes of the 95th moves to amend HB 1028 by striking "to such person" beginning in line 20 of the Bill.

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:

MONDAY, JANUARY 26, 1970

615

Those voting in the affirmative were Messrs.

Adams Alexander Atherton,
Ballard Barber Barfield Bell Bennett
Berry
Bohannon
Bowen Brantley, H. H.
Brantley, H. L. Brown, C. Buck Games Chandler Clarke Cole Collier Collins, M.
Collins, S. Cook Cooper Crowe
Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dorminy Douglas Edwards Farmer Farrar Felton Floyd, L. R. Geisinger Gunter

Hadaway Hamilton Hargrett Harrington Harrison
Hawes Henderson Higginbotham
Hill, G. Holder
Hood Horton Housley Howell Hutchinson Joiner Jones, C. M. Jones, M. Jordan, H. S. Kreeger Lane, Dick
Lane, W. J. Lee, W. S. Levitas Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin Melton Merritt Milford
Moate Moore Morris Nash Nessmith Nunn

Odom Pafford
Paris Parker, H. W.
Patterson
Peters Peterson
Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard
Poole Roach Ross Rush Russell
Salem Scarborough Shanahan Shepherd Simkins
Simmons Sims Smith, V. T.
Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson
Wood

Those voting in the negative were Messrs.

Black Bray
Brown, B. D. Busbee Colwell Conger Dailey Daugherty Davis, E. T.

Dixon
Dodson Egan Ellis Evans Ezzard Gary Gignilliat Grahl

Graves Griffin Harris, J. R.
Hill, B. L. Hudson Jordan, G. Keen Keyton
Knapp

616
Knowles Lee, W. J. (Bill) Leonard Miles

JOURNAL OF THE HOUSE,

Miller Murphy Potts Townsend

Wamble Winkles

Those not voting were Messrs.:

Anderson Battle Blalock Bond Bostick Brooks Burruss Caldwell Gates Connell Conner DeLong Fallin
Floyd, J. H.

Funk Gaynor Hale Harris, J. F. Harris, R. W. Johnson Jones, Herb Lambert Lewis Longina Maxwell McClatchey McCracken
McDaniell

Mullinax Northcutt Parker, C. A. Pinkston Rainey Reaves Rowland Scarlett Sherman Smith, J. R. Thompson, A. W. Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 117, nays 37.

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

amended.

. ..

HR 543-1101. By Messrs. Knapp, Pinkston, Kenn, Scarborough and Evans of the 81st, Dodson of the 82nd, Miller of the 83rd and Dorminy of the 48th:
A Resolution authorizing the Georgia Forest Research Council to exe cute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U.S. Department of Agriculture, for a certain tract of land located in Bibb 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 Anderson Atherton Ballard

Barber Barfield Battle Bell Black

Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Caldwell Cates Chandler Clarke Cole Collier Coiling, M. Collins, S. Colwell Connell Cook Cooper Crowe D alley Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard Farmer Farrar Floyd, L. R. Gary Geisinger Gignilliat Graves Gunter Hadaway Hamilton Harrington

MONDAY, JANUARY 26, 1970

617

Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell 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. Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Morris 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 Pinkston Poole Potts Roach Rush Russell Salem Scarborough Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bennett Berry Blalock Buck

Carnes Conger Conner DeLong

Edwards Fallin Felton Floyd, J. H.

618
Funk Gaynor Grahl Griffin Hale Hargrett Harris, R. W. Hawes Hood Johnson

JOURNAL OP THE HOUSE,

Knowles Lewis Longino Maxwell McCracken Moore Mullinax Northeutt Rainey Reaves

Ross Rowland Scarlett Sherman Smith, V. T. Townsend Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 546-1101. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th, Geisinger of the 72nd, Smith of the 39th and others:
A RESOLUTION
Creating the Consolidated Retirement System Study Committee; and for other purposes.
WHEREAS, the State of Georgia has a multiplicity of State sup ported retirement and pension systems; and
WHEREAS, these systems are not centrally administered or coordi nated, which causes duplication of membership; and
WHEREAS, the benefit structures of some of the systems are not coordinated with Social Security benefits; and
WHEREAS, there is no uniformity in benefit structures or the ratio of employer and employee contributions among these systems; and
WHEREAS, it is doubtful that some of the systems are actuarially sound; and
WHEREAS, these conditions cause inefficiency in the adminis tration and investment of retirement and pension funds; and
WHEREAS, the systems are arbitrary and unfair in that some groups of employees have advantages and benefits disproportionate to the advantages and benefits of other groups of employees.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Consoli-

MONDAY, JANUARY 26, 1970

619

dated Retirement System Study Committee to be composed of nine (9) members as follows: three (3) members of the standing Committee on Retirement of the House of Representatives to be appointed by the Speaker of the House; three (3) members of the standing Retirement Committee of the Senate to be appointed by the President of the Senate; The Attorney General, ex officio; the Secretary of State, ex officio, and the State Auditor, ex officio. The Attorney General shall be authorized to call the organizational meeting of the Committee at which time the Committee shall elect, by majority vote, a chairman from among its membership and may elect such other officers from among its member ship as it deems necessary or desirable. The chairman shall be author ized to appoint such subcommittees of the Committee as he deems necessary.

BE IT FURTHER RESOLVED that said Committee shall be authorized to make a thorough study of all matters relative to the crea tion of a consolidated retirement system and draft such proposals as may be necessary for the creation of such system.

Without limiting the generality of the foregoing, said Committee shall be authorized to make studies and recomendations relative to the following factors:

1. The persons to be covered by said consolidated retirement system including the feasibility of covering officers and employees of political subdivisions.

2. The status of existing retirement and pension systems as they might relate to the consolidated system and, in connection therewith, the members, if any, of such systems who might be required to transfer to the consolidated system and the methods of voluntarily transferring from existing systems to the consolidated system.

3. The benefit structure of such consolidated system, and in con nection therewith, the funding of such system by the State, members of the system and political subdivisions.

4. The administration of the consolidated system and the investment of the funds of such system.

5. The feasibility of the centralized administration of existing sys tems in connection with the creation of the consolidated system.

BE IT FURTHER RESOLVED that, in order for said Committee to effectively carry out its duties and responsibilities, said Committee may employ consultants and contract with persons, firms or corporations to provide such research and other assistance as the Committee deems necessary. Provided, however, the amount of any funds proposed to be spent for such services shall first be approved, in writing, by the Speaker of the House and the President of the Senate.

BE IT FURTHER RESOLVED that each legislative member of said Committee shall receive such expenses and allowances as provided

620

JOURNAL OF THE HOUSE,

by law for members of interim committees for each meeting of the Committee or subcommittees thereof attended by each such member. The ex officio members of said Committee shall receive no compensa tion for service on the Committee but shall be reimbursed for expenses incurred in the performance of their duties as members of the Commit tee. The funds necessary for the reimbursement of the expenses of said ex officio members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appro priated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the members of the Committee or of subcommittees thereof shall be authorized to meet for such number of days, not to exceed twenty (20) days during any calendar year, as may be necessary for the Committee to fully and effectively carry out its duties and responsibilities.

BE IT FURTHER RESOLVED that the Committee shall be autho rized to function until the day the General Assembly convenes in regular session in January 1972, on which date the Committee shall stand abolished. The Committee may be abolished prior to that date upon a motion to that effect being made and duly adopted by a majority vote of said Committee. If its studies and recommendations are completed, the Committee shall issue its final report to the General Assembly by Janu
ary 1, 1971, and if not completed, it shall issue a preliminary report by that date and its final report by not later than January 1, 1972.

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 Bell Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray

Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates 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 Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Geisinger Gignilliat Grahl Graves Griffin Hadaway Hamilton Harrington Harris, J. R. Henderson Higginbotham Holder Horton Housley Howell Hudson Hutchinson Jones, Herb Jones, M. Jordan, H. S. Keen

MONDAY, JANUARY 26, 1970

621

Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Miles Milford Moore Morris Nash Northcutt Nunn Odom Pafford Parker, H. W. Patterson Peters

Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Roach Ross Russell Scarborough Shanahan Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, R. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Battle Bennett Blalock Brantley, H. L. Brooks Carnes Clarke DeLong Dickinson Fallin Floyd, J. H. Funk Gary Gaynor Gunter Hale Hargrett

Harris, J. F. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Hood Johnson Joiner Jones, C. M. Jordan, G. Lambert Lewis Longino Maxwell McCracken Miller Moate Mullinax

Murphy Nessmith Paris Parker, C. A. Pinkston Rainey Reaves Rowland Rush Salem Scarlett Shepherd Sherman Thomason Thompson, A. W. Townsend Vaughn Ware Mr. Speaker

622

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 138, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Pafford of the 64th arose to a point of personal privilege and addressed the House.

Mr. Hargrett of the 58th asked unanimous consent that the rules of the House be suspended in order that Mr. Ross Lindsey of Bibb County be allowed to come upon the floor of the House and address the members thereof.

There was objection and the request was denied.

The following Resolution of the House was read:

HR 528. 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 RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by striking the first paragraph in said Rule after the listing of the standing committees and inserting in lieu thereof the following:
"No member of the House shall be appointed to or serve on less than two (2) or more than three (3) standing committees of the House, with the exception of the Committee on Interstate Coopera tion. Effective, beginning with the regular 1971 session of the Gen eral Assembly, no member of the House shall be appointed to serve on more than two (2) standing committees of the House with the exception of the Committee on Interstate Cooperation."

The following Committee substitute was read and adopted:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.

MONDAY, JANUARY 26, 1970

623

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by striking the first paragraph in said Rule after the listing of the standing committees and inserting in
lieu thereof the following:

"No member of the House shall be appointed to or serve on less than two (2) or more than three (3) standing committees of the House, with the exception of the Committees on Interstate Coopera tion and Rules. Effective, beginning with the regular 1971 session of the General Assembly, no member of the House shall be appointed to serve on more than (2) standing committees of the House with the exception of the Committees on Interstate Cooperation and Rules."

The Resolution, by substitute, was adopted.

The following Resolutions of the House and Senate were read and adopted:
HR 529. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st, Jones of the 59th and Lambert of the 25th:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by striking the last three para graphs of said Rule and inserting in lieu thereof the following:
"The Speaker shall be an ex officio member of all standing committees of the House, but shall have not vote as an ex officio member except on the Committee on Rules.
The Chairman and Vice Chairman of the Committee on Appro priations shall be ex officio members of the Committee on Ways and Means, and the Chairman and Vice Chairman of the Committee on Ways and Means shall be ex officio members of the Committee on Appropriations.
Except as hereinafter provided, the Speaker shall appoint a Chairman, a Vice-Chairman, and a Secretary for all standing com mittees and for all subcommittees created by him. The Majority Leader and the Minority Leader shall be members of the Rules Committee. Each such Leader must be certified as such by his Party Caucus Chairman to the Speaker of the House and to the Clerk of the House."

624

JOURNAL OP THE HOUSE,

SR 233. By Senator Coggin of the 35th:

A RESOLUTION

Commending the Atlanta Braves Baseball Team for winning the championship of the Western Division of the National League; and for other purposes.

WHEREAS, the Atlanta Braves Baseball Team won the champion ship of the Western Division of the National League for 1969; and

WHEREAS, the Braves compiled an outstanding record during the 1969 season and brought great honor and distinction to the City of Atlanta and the entire State of Georgia; and

WHEREAS, the Braves, since coming to Atlanta, have contributed immeasurably to the economy of this region and have enhanced the already glowing reputation of the Capital City of Atlanta as the sports capital of the Southeast.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the members of this body hereby commend the Atlanta Braves Baseball Team and the entire Braves organization for winning the Western Division championship of the National League and extend their best wishes for future seasons. The members of this body look forward with eager anticipation to a World Series in Atlanta in 1970 and the passage of a resolution at the 1971 session congratulating the World Champion Atlanta Braves.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to President Bill Bartholomay, Vice President Paul Richards, Manager Luman Harris, Team Captain Hank Aaron, and to each member of the team.

HR 625. By Messrs. Parker and Lane of the 44th, Peterson of the 41st, Barber of the 15th, Parker of the 46th and Joiner of the 35th:
A RESOLUTION
Urging the State Board of Education to discontinue issuing Life Professional Certificates to teachers; and for other purposes,
WHEREAS, it is generally accepted that the classroom teacher is the single most important factor involved in the educational process; and
WHEREAS, ninety-seven percent of all school age boys and girls in Georgia are currently enrolled in the public school system; and
WHEREAS, the Constitution of the State of Georgia makes educa tion the Number One responsibility of the State; and

MONDAY, JANUARY 26, 1970

625

WHEREAS, the State Board of Education has recognized the need to upgrade the quality of classroom teachers, as evidenced by the fact that no professional certificate will be issued to a begininng teacher with less than five (5) years of college preparation after July 1, 1974.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby request and urge the State Board of Education to discontinue issuing Life Professional Certificates to teachers after July 1, 1970.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward a copy of this Resolution to the Chairman and each member of the State Board of Education and to the State Superintendent of Schools.

HR 631. By Messrs. Conger and Griffin of the 68th, Smith of the 43rd, Grahl of the 40th, Dodson of the 82nd, Jordan of the 55th, Simkins of the 78th and Fallin of the 63rd:
A RESOLUTION
Commending President Richard M. Nixon for nominating the Hon orable G. Harrold Carswell for a seat on the United States Supreme Court; and for other purposes.
WHEREAS, President Richard M. Nixon has appointed the Honor able G. Harrold Carswell for a seat on the Supreme Court of the United States; and
WHEREAS, Judge Carswell is a Georgia native, having been born in Irwinton and having attended the public schools of Irwinton, Bainbridge and Atlanta; and
WHEREAS, he attended the University of Georgia and graduated from the Walter F. George School of Law of Mercer University in Macon; and
WHEREAS, his father, George Henry Carswell, was active in the political arena of this State for many years, having served in the Georgia General Assembly for more than 30 years where he was hon ored by being elected President of the Senate, and also having served as Secretary of State of Georgia from 1928 to 1931; and
WHEREAS, it is a signal honor to his native State of Georgia that he has been nominated for this highest of judicial posts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that President Richard M. Nixon is hereby commended for nominating the Honorable G. Harrold Carswell for a seat on the Supreme Court of the United States, and the members of

626

JOURNAL OF THE HOUSE,

this body do hereby extend their sincerest congratulations to the Honorable G. Harrold Carswell.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to President Richard M. Nixon, Judge G. Harrold Carswell, Senator Richard B. Russell and Senator Herman E. Talmadge.

The following Resolution of the House was read and referred to the Com mittee on Education:

HR 626. By Messrs. Parker and Lane of the 44th, Peterson of the 41st, Joiner of the 35th, Salem of the 51st, Barber of the 15th and Parker of the 46th:
A RESOLUTION
Urging the State Board of Education to request all classroom teachers to take the Common Section of the National Teacher Examina tion as a part of their contract for the school year 1970-71; and for other purposes.
WHEREAS, the Board of Regents of the University System of Georgia requires that all students take the Scholastic Aptitude Test as a part of the admissions procedure for the colleges within the system; and
WHEREAS, the State Board of Education bases the issuance of a six-year certificate on the applicant's attaining a satisfactory score on the National Teacher Examination; and
WHEREAS, a number of local school systems throughout the nation require applicants for teacher certificates to meet certain stipulations; and
WHEREAS, there is no standard at the present time by which the State Board of Education can compare the beginning teacher with the experienced classroom teacher.
NOW, THEREFORE, BE IT RESOLVED BY THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES that the members of this Committee do hereby request and urge the State Board of Education to request all classroom teachers to take the Common Section of the National Teacher Examination as a part of their contract for the school year 1970-71, in order to establish normative data whereby new teachers entering the profession might be classified.
BE IT FURTHER RESOLVED that the Secretary of the Educa tion Committee is hereby authorized and directed to forward an appro priate copy of this Resolution to the Chairman and each member of the State Board of Education and to the State Superintendent of Schools.

MONDAY, JANUARY 26, 1970

627

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 627. By Messrs. Dean of the 76th, Brown of the 110th, Hood of the 99th, Shepherd of the 107th, Thompson of the 85th, Bond of the lllth, Ezzard of the 102nd, Hill of the 94th and Dent of the 79th:
A RESOLUTION
Creating a Study Committee of the Un-representativeness of the State Educational Policy--Decision Bodies.
WHEREAS, The Constitutions of the United States of America and the State of Georgia provide for the Country and the State to offer educational opportunities to every individual in the Country and State of Georgia regardless of race, color, sex, creed or national origin; and
WHEREAS, the public policy of our nation and state is that all persons or groups are created equal and shall have equal rights to life, liberty, and the pursuit of happiness and opportunity; and
WHEREAS, a public Consciousness exists for the desirability of establishing policy and decision--making opportunities, participation, leadership, and responsible educational programs for all people, by all people, and of all people or groups, in the State of Georgia; and
WHEREAS, the highest court of our land has ordered a fair faculty and student ratio in all public schools; and
WHEREAS, this order shall and must be carried out by all people, groups, and individuals in the State of Georgia; to the letter and
WHEREAS, all citizens whether public or private must and shall abide by this, the law of the land; and
WHEREAS, there are many groups of citizens in this state and the decision-making bodies of the State of Georgia should and must have a broader representation of all of the citizens of our State of Georgia; and
WHEREAS, this public policy of fair and equal decision-making opportunities should provide for all citizens of our State; and
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a five man Study Committee of the House and a five member component of private citi zens chosen by the Speaker of the House. The committee shall elect its own Chairman, Vice-Chairman and Secretary, and shall study the laws of Georgia and of the United States, to see that legislative actions are taken to eliminate the Un-representativeness of the state educational decision-making bodies.

628

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the members of the committee request the Attorney General of the State of Georgia to give an opinion on the un-representativeness of the state educational decision-making bodies.

The House members and private citizens shall be compensated in the same manner as members of legislative study committees, but for no longer than ten days.

The Committee shall prepare a report of its findings which shall be submitted to the Clerk of the House on or before the final day of the 1970 session of the House of Representatives, for printing and distribution, 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 State Government.

HR 628. By Messrs. Adams of the 100th, Smith of the 3rd, Carnes of the 104th, Lane of the 101st, Harris of the 77th and Jordan of the 74th:
A RESOLUTION
Creating a committee to study the fees charged by cemeteries for erecting monuments; and for other purposes.
WHEREAS, it has come to the attention of the members of this body that the owners of certain cemeteries are reluctant to authorize pur chasers of individual cemetery plots to erect their own monuments; and
WHEREAS, there does not appear to be a uniform price for the erection of monuments by cemetery owners; and
WHEREAS, certain standards should be devised to allow the pur chasers of individual cemetery plots to erect their own monuments after paying a nominal fee to the owners of the cemetery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the fees charged by cemeteries for erecting monuments, to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. 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 purposes of this Resolution. The members of the committee shall receive the allow ances authorized for legislative members of interim legislative commit tees. 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 1971 Session of the General Assembly of Georgia at which time the committee shall stand abolished.

MONDAY, JANUARY 26, 1970

629

HR 629. By Messrs. Adams of the 110th, Bostick of the 63rd, Lane of the 101st, Geisinger of the 72nd and Dean of the 19th:

A RESOLUTION

Creating the Merit System Study Committee; and for other pur poses.

WHEREAS, the State Merit System was created in 1943 and has continued in operation essentially unchanged since such time; and

WHEREAS, the State Merit System is presently administering the personnel policies and programs for approximately 28,000 State em ployees; and

WHEREAS, the State Merit System must be revamped in order to compete with the federal government and private industry; and

WHEREAS, the State Merit System must change some of its basic concepts before it can effectively administer the personnel policies and programs of a rapid growing employer; and

WHEREAS, it is the desire of the members of this body to continue the study of a similar committee which functioned during the interim between sessions of the General Assembly in 1969.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP
REPRESENTATIVES that there is hereby created the Merit System
Study Committee, to be composed of five members of the House of Rep
resentatives, to be appointed by the Speaker of the House of Represen
tatives. The Committee shall conduct a thorough study of the State
Merit System laws and the Merit System laws of other states. The Committee shall be authorized to make such inquiries and investigations as it deems necessary in completing this study, and in this connection, the department heads and personnel officers of the various departments and agencies of State government shall cooperate with the Committee. The Committee may conduct 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 purposes of this Resolution. The members of the Commit tee 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 Committee shall make a report of its findings and recommendations to the 1971 Session of the General Assembly of Georgia at which time the Commit tee shall stand abolished.

630

JOURNAL OF THE HOUSE,

HR 630. By Mr. Hargrett of the 58th:

A RESOLUTION

Creating the Committee to study the feasibility of creating a State Department of Environmental Control anti-pollution; and for other purposes.
WHEREAS, the citizens of Georgia are becoming aware of the potential dangers associated with air and water pollution; and
WHEREAS, the once clear and bubbling streams of rural Georgia are no longer quite so clear; and

WHEREAS, the air we breathe is no longer pure and fresh; and
WHEREAS, it is believed that the creation of a State Department which will devote all its energies and resources toward eliminating air and water pollution in our State would be a welcome addition to State government; and
WHEREAS, it would appear to be a good and valuable use of legis lators' time and energies to study and investigate the feasibility of creating such a Department.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to study the feasibility of creating a State Department of Environmental Control anti-pollution, which Committee shall be composed of five mem bers of the House chosen by the Speaker.

The Committee shall determine the feasibility of creating a State Department designed to combat and eliminate air and water pollution in Georgia.

The members of the Committee shall receive the expenses and allow ances authorized to legislative members of interior study committees, but for no longer than ten days, unless an extension is granted by the Speaker.
The Committee shall prepare a report of its findings and submit same to the Clerk of the House on or before December 1, 1970, 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 State Government.

Mr. Harris of the 77th 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.

TUESDAY, JANUARY 27, 1970

631

Representative Hall, Atlanta, Georgia Tuesday, January 27, 1970

The House met pursuant to adjournment at 9:15 o'clock, A.M., this day and was called to order by the Speaker.
The following prayer was offered by Dr. G. Othell Hand, Pastor, First Baptist Church, Columbus, Georgia:
Eternal God, our help in ages past, our hope for years to come, our shelter from the stormy blasts and our eternal home, lift us, we beseech Thee, into those lofty realms where one becomes aware of things superior and Divine--things we may not command because they should command us, nor master for by them we should be mastered.
Speak to us daily through the majesty of the universe in which Thou hast housed us like royal children in a palace. And let nature impose her reverential awe as we behold her beauty and law-abiding endurance.
Supremely, 0 God, speak to us through some worthy purpose, that we may be delivered from fragmented futile aimlessness and that our energies may be re-oriented about those treasures of the spirit, faith in which makes the abundant life and serving which enriches the lives of 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.

632

JOURNAL OF THE HOUSE,

4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1239. By Mr. Funk of the 92nd:
A Bill to be entitled an Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, so as to change provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1240. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1241. 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, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 614-1241. By Mr. Williams of the llth:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 27, 1970

633

HB 1242. By Mr. Leonard of the 3rd:
A Bill to be entitled an Act to reincorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to prescribe the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1243. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the clerical as sistance allowance of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1244. By Messrs. Brown of the 32nd, Townsend of the 115th and Holder of the 49th:
A Bill to be entitled an Act to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as to empower the State Board of Health to require flouridation of potable public water supplies in incorporated com munities of 5,000 or more population; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1245. By Mr. Adams of the 100th: A Bill to be entitled an Act to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide that such tags may be issued for pick up trucks and station wagons; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1246. By Mr. Moate of the 28th: A Bill to be entitled an Act creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; to prescribe the pleading and practice in said court; and for other purposes.
Referred to the Committee on Local Affairs.
HR 615-1246. By Mr. Westlake of the 75th: A Resolution compensating Mr. E. H. Hartman, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

634

JOURNAL OP THE HOUSE,

HE 616-1246. By Mr. Moate of the 28th: A Resolution compensating Mr. W. W. Walker; and for other purposes.
Referred to the Committee on Appropriations.

HR 617-1246. By Messrs. Brown and Melton of the 32nd: A Resolution proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.
Referred to the Committee on Local Affairs.
HR 618-1246. By Messrs. Brown and Melton of the 32nd: A Resolution proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.
Referred to the Committee on Local Affairs.
HR 619-1246. By Mr. Bohannon of the 20th: A Resolution compensating James Hoyt Hosey; and for other purposes.
Referred to the Committee on Appropriations,
HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other purposes.
Referred to the Committee on State of Republic.
HB 1248. By Messrs. Carnes of the 104th and Marcus of the 105th: A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities and school districts of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.

TUESDAY, JANUARY 27, 1970

635

HR 620-1248. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to remove the power of the Superior Courts to issue writs of certiorari; and for other purposes.
Referred to the Committee on Judiciary.

HR 621-1248. By Mr. Games of the 104th:
A Resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.
Referred to the Committee on Rules.

HB 1249. By Messrs. Bennett and Barfield of the 71st:
A Bill to he entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that if any person has had his driver's license suspended for cause of his failure to submit to certain chemical tests and shall subsequently be found not guilty of the charge his license shall be reinstated; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1250. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.
Referred to the Committee on Local Affairs.
HR 622-1250. By Mr. Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to provide that no person shall be eligible to offer as a candidate for election or be eligible for appointment to the office of Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Courts, District Attorney or Judge or Solicitor of any city or county court who would at the time specified for assuming such office be 70 years of age or over; and for other purposes.
Referred to the Committee on Judiciary.
HB 1251. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subse quent to the effective date of this Act and is unable to perform its con tractual obligations; and for other purposes.
Referred to the Committee on Insurance.

636

JOURNAL OF THE HOUSE,

HB 1252. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act entitled "Revenue Certicate Law of 1937", so as to provide a uniform fee of 75c per bond or certificate; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1253. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 6-805, relating to preparation of record for appeal, reporting of evidence and other matters, so as to specifically set forth that the costs referred to there in for the reporting of the proceedings and evidence are those set forth in Code Section 24-3103; and for other purposes.
Referred to the Committee on Judiciary.

HB 1254. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-3105 of the Code of Georgia relating to the duty of the court reporter to transcribe evidence, certify said transcript and presumptions as to correctness of said transcript, so as to set forth that the legal fees referred to therein are those set forth in Code Sections 24-3103; and for other purposes.
Referred to the Committee on Judiciary.

HB 1255. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees to be charged by clerks of the superior court, so as to authorize such clerks to collect fees on interest earned by Registry of Court funds deposited in interest-bearing accounts in approved banking institutions; and for other purposes.
Referred to the Committee on Judiciary.

HB 1256. By Messrs. Salem of the 51st, Hargrett of the 58th, Moate of the 28th, Phillips of the 50th, Collins of the 62nd, Howell of the 60th, Conner of the 56th, and others.
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide that any rule, regulation or policy affecting the various local systems shall be adopted by the State Board of Education only after it has consulted and advised with the various local superintendents and Boards of Education; and for other purposes.
Referred to the Committee on Education.

TUESDAY, JANUARY 27, 1970

637

HB 1257. By Messrs. Pickard, Buck and Jones of the 84th, Berry and Thompson of the 85th, and Davis of the 86th:
A Bill to be entitled an Act to amend an amendment to the Constitution of the State of Georgia creating the Columbus & Muscogee County Build ing Commission, so that said Commission shall hereafter be known as the "Columbus & Muscogee County Building Authority"; and for other purposes.
Referred to the Committee on Local Affairs.

HR 623-1257. By Messrs. Adams of the 100th, Rush of the 51st, Smith of the 39th, Bostick of the 63rd, Whaley of the 93rd, and others:
A Resolution designating the largemouth bass as the official State fish; and for other purposes.
Referred to the Committee on Game and Fish.

HR 624-1257. By Messrs. Farrar of the 77th and Barber of the 15th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.
HB 1258. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensa tion; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1259. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee basis of compensa tion; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1260. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of compensa tion; and for other purposes.
Referred to the Committee on Local Affairs.

638

JOURNAL OF THE HOUSE,

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act placing the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of com pensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1262, By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compensa tion; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1263. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon County to fix the salary of the judge and the solicitor of said Court within a certain salary range; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1264. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of com pensation; and for other purposes.
Referred to the Committee on Local Affairs.
HR 632-1264. By Mr. Ballard of the 23rd: A Resolution compensating Mr. John H. Moore; and for other purposes.
Referred to the Committee on Appropriations.

HR 633-1264. By Mr. Ballard of the 23rd:
A Resolution compensating Mr. William P. Roberts; and for other purposes.
Referred to the Committee on Appropriations.

HB 1265. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Stephens County, so as to change the salary of said Tax Commissioner and to change the method for determining his salary; to provide for employees, their compensation and necessary office expenses; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 27, 1970

639

HB 1266. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to prohibit the use of hypnotism, mesmerism, and any similar act or process except in the practice of dentistry, the practice of medicine and surgery, and in the practice of a licensed applied psychologist; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1267. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to provide that the "Georgia Official Directory of State and County Officers" shall contain the official ad dresses of the offices and officers therein, and in any administrative or judicial proceeding, or appeal therefrom, any letter addressed to an address contained in the aforesaid official directory shall be deemed to be properly addressed if the letter is addressed as set out in said directory; to provide for correct addresses to the Secretary of State; and for other purposes.
Referred to the Committee on State of Republic.

HB 1268. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Chapter 27-19, relating to demand for trial and announcement of ready or not ready, so as to provide that whenever a demand for trial is made by anyone accused of crime in any court of this State, the clerk of said court shall notify the prosecuting attorney for said court that such demand has been made; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1269. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to provide that in all civil cases tried by a jury of 12, agreement of 9 of the 12 jurors shall be sufficient for a verdict; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1270. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Chapter 38-7. relating to private writings as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; and for other purposes.
Referred to the Committee on Special Judiciary.

640

JOURNAL OF THE HOUSE,

HB 1271. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 27-903, relating to the number of times bail may be permitted for the same offense, so as to provide that the first bail shall be permitted as a matter of right and that subsequent bails shall be at the discretion of the Court; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 1238. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; to repeal conflicting laws; and for other purposes.
SB 326. By Senator Smalley of the 28th: A Biill to be entitled an Act to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settlor and the trustee; and for other purposes.
SB 343. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' license, so as to provide for the issuance of an honorary driver's license to the spouse of certain disabled veterans; and for other purposes.
SB 347. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for the issuance of automobile tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans and for other purposes.
Mr. Nessmith of the 44th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following

TUESDAY, JANUARY 27, 1970

641

Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

SR 185.

Do Pass.

SR 188.

Do Pass.

SR 186.

Do Pass.

SR 184.

Do Pass.

SR 187.

Do Pass.

SR 183.

Do Pass.

HR 524-1072. Do Pass.

HB 1169. Do Pass.

SB 291.

Do Pass.

Respectfully submitted,

Matthews of the 63rd,

Chairman.

Mr. Barber of the 15th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HB

177. Do Pass by Substitute.

HB 1134. Do Pass.

HR 549-1111. Do Pass.

Respectfully submitted, Barber of the 15th, Chairman.

The following minority report was received and read:
MINORITY REPORT OP THE EDUCATION COMMITTEE ON HB 177
The undersigned members of the Education Committee file this, their minority report on HB 177, which Bill seeks to increase the com-

642

JOURNAL OF THE HOUSE,

pensation of the State Superintendent of Schools from $22,500 to $34,000 per annum, for the following reasons:

(1) The classroom teachers of Georgia should be the subject of HE 177; not the State Superintendent of Schools, whose present salary far exceeds that of any classroom teacher in this State;

(2) It is possible, under the proposed Constitution, that the State School Superintendent will become an appointive position, thus it is premature, at this time, to adjust the salary of that position until the outcome of the proposed document is known;

(3) If the State School Superintendent deserves a raise, his raise should not be an increase of nearly $12,000.00 per annum, for neither the difficulty of the job nor the cost of living has increased enough to warrant such a raise;

(4) It will be difficult to explain to the people of Georgia why a Bill giving a State House officer a walloping raise can pass, while neeeded ad valorem tax relief, aid to cities and counties, and raises for the less fortunate and less influential members of the State government are hard to come by.

Respectfully submitted,
/s/ Kent Dickinson Representative, 118th District
/s/ L. L. Phillips Representative, 50th District
/s/ Hugh Jordan Representative, 74th District

Mr. Pickard of the 84th, 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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 201. Do Pass.
HB 1084. Do Pass.
Respectfully submitted, Pickard of the 84th, Chairman.

TUESDAY, JANUARY 27, 1970

643

Mr. Conner of the 56th District, 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 House and Senate and has instructed me to report same back to the House with the following recommendations:

SB 310. Do Pass.

HB 1047. Do Pass by Substitute.

Respectfully submitted, Conner of the 56th, Chairman.

Mr. Harris of the 77th District, 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 Senate and has instructed me to report same back to the House with the following recommendations:

HB 1161. Do Pass. HB 1042. Do Pass. SB 26. Do Pass as Amended. HB 406. Do Pass. SB 298. Do Pass. HB 1061. Do Pass. HB 179. Do Pass as Amended. HB 1062. Do Pass. HB 1063. Do Pass by Substitute. HB 589. Do Pass as Amended. HB 1092. Do Pass.

Respectfully submitted, Harris of the 77th, Chairman.

644

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 and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 1193. Do Pass. HB 1213. Do Pass. HB 1214. Do Pass. HB 1215. Do Pass. HB 1229. Do Pass. HB 1230. Do Pass. HB 1231. Do Pass. HB 1232. Do Pass. HB 1233. Do Pass. HB 1234. Do Pass. HB 1236. Do Pass. HE 583-1182. Do Pass. HR 603-1236. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman.

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 Bill of the Senate, to-wit:

SB 323. By Senator Miller of the 43rd:
A Bill to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those persons who have refused to submit to such chemical tests used to determine the alcoholic and drug content of blood and the use thereof, etc.; and for other purposes.
The Senate has adopted the following Resolutions of the House, to-wit:

TUESDAY, JANUARY 27, 1970

645

HR 611. By Mr. Johnson of the 29th:

,

A Resolution commending the Honorable Mrs. Roy R. (Vinnie) Wil

liams, one of Georgia's finest novelists and biographers; and for other

purposes.

HR 612. By Messrs. Mullinax, Blalock, and Potts of the 30th, Bray of the 31st and others:
A Resolution commending Honorable Spiro T. Agnew, Vice President of the United States of America; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st, and others:
A Bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an act of God or unforeseen events; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Motor Vehicles:
SB 323. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those persons who have refused to submit to such chemical tests used to determine the alcoholic and drug content of blood and the use thereof; and for other purposes.

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

HB 1193. By Mr. Joiner of the 35th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Washington County, etc.; so as to change the com pensation of the deputy tax commissioner and the assistants to the tax commissioner; to repeal conflicting laws; and for other purposes.

646

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 115, nays 0.

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

HB 1213. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; 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 115, nays 0.

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

HB 1214. By Mr. Collier of the 54th:
A Bill to be entitled an Act to provide an annual salary for the sheriff of Terrell County, Ga. 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 115, nays 0.

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

HB 1215. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary approved Mar. 26, 1964

TUESDAY, JANUARY 27, 1970

647

(Ga. L. 1964, p. 3231), so as to change the method for determing the compensation of the Deputy Clerk of the Superior Court of Lee County; 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 115, nays 0.

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

HB 1229. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1230. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Newton County on an annual salary in lieu of the fee system of com pensation, so as to provide that the budget covering the cost of operat ing the office of ordinary shall be same in subsequent years as the budget approved for the calendar year 1970; 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 115, nays 0.

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

648

JOURNAL OF THE HOUSE,

HB 1231. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1232. By Mr. Ballard of the 23rd: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1233. By Mr. Ballard of the 23rd: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; 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 115, nays 0.

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

TUESDAY, JANUARY 27, 1970

649

HB 1234. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the sheriff of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; 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 115, nays 0.

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

HB 1236. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, etc.; so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun Coun ty; etc.; 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 115, nays 0.

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

HR 583-1182. By Mr. Grahl of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Be it resolved by the General Assembly of Georgia:

650

JOURNAL OF THE HOUSE,

Section 1. Article VII, Section VII, Paragraph V is hereby amended by adding at the end thereof the following:

"The governing authority of Peach County is hereby authorized to levy a tax on all taxable property in Peach County not to exceed 1 mill and to donate the proceeds of such tax levy to the Peach County Industrial Development Authority for use by said Authority for the purposes for which it was created."

Section 2. The above proposed amendment to the Constitution 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 governing authority of Peach County to levy a tax
No ( ) not to exceed 1 mill for use by the Peach County Industrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote 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 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 Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Caldwell Carnes Gates

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 Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Housley Hudson Hutchinson

TUESDAY, JANUARY 27, 1970

651

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Moate 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 Pinks ton Poole Potts Reaves Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Alexander Bostick Bowen Brown, C. Busbee Clarke Dean, J. E. Dodson Dorminy

Egan Grahl Gunter Hale Hamilton Hiill, B. L. Hood Horton Howell

Johnson Keen Lee, W. S. Lewis McCracken Melton Moore Odom Phillips, G. S.

652
Rainey Rowland Salem

JOURNAL OF THE HOUSE,

Snow Townsend Vaughn

Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 160, nays 0.

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

HR 584-1182. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said county subject to taxation for bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the county to levy taxes without limitation to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage system; to provide for the submission of this amendment for ratification or rejection; to repeal the local amend ment of Article II, Section I, Paragraph I of the Constitution captioned Coweta County--Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq.; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The local amendment to Article II, Section I, Paragraph I, of the Constitution captioned Coweta County--Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq., is hereby repealed.
Section 2. Article VII, Section VII, Paragraph I of the Constitu tion of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary nothwithstanding, Coweta County is hereby authorized to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance, from time to time, of its direct general obligation water and sewerage bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all

TUESDAY, JANUARY 27, 1970

653

taxable property within the county subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Coweta County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said county is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the County for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. In addition to the foregoing, the governing authority of Coweta County is hereby authorized to levy taxes to pay the cost of operating, maintaining, repairing or otherwise im proving the water and sewerage system of said county. The pro visions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been con ferred or may hereafter be conferred upon Coweta County, under the Constitution and laws of the State of Georgia, including, but not limited to, the rights and authority of said county to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amend ment."

Section 3. When the above proposed amendment to the Constitu tion 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 repeal the local amendment to Article II, Section I, Para graph I of the Constitution captioned Coweta Coun ty--Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906 et seq., and so as to authorize Coweta County to issue its general obligation water
NO ( ) and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxa ble property therein subject to taxation for bond purpose, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now im posed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the

654

JOURNAL OF THE HOUSE,

principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, main taining, repairing and improving the water and sewerage system of said County."

All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting YES as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting NO as to the question propounded.

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, 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 mem bers 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 Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Caldwell Games Gates

Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Cbnnell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Douglas Edwards Ellis

Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson

TUESDAY, JANUARY 27, 1970

655

Higginbotham Hill, G. Holder Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

McClatchey McDaniell Merritt Miles Milford Miller Moate 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 Poole Potts Reaves Roach Ross

Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Alexander Bostick Bowen Brown, C. Busbee Clarke Dean, J. E. Dodson Dorminy Egan Grahl Gunter

Hale Hamilton Hill, B. L. Hood Horton Howell Johnson Keen Lee, W. S. Lewis McCracken Melton

Moore Odom Phillips, G. S. Rainey Rowland Salem Snow Townsend Vaughn Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 160, nays 0.

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

656

JOURNAL OF THE HOUSE,

HR 603-1236. By Messrs. Mason and Nash of the 13th:

A RESOLUTION

Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violation of such ordinances; to authorize the licensing
and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to provide the authority, jurisdiction, and powers thereof; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

Section 1. Article XI, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph, to read as follows:

"Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized:

1. To empower the Board of Commissioners of Gwinnett County, Georgia, to adopt ordinances or regulations for the govern ing 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, not in conflict with the General laws of this State and of the Uniited States, and for the im plementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Gwinnett County, Georgia, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms, and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission, and

2. To establish and create in and for the County of Gwinnett, a Recorder's Court, which shall have jurisdiction in Gwinnett County and which shall be empowered to hear and determine mis demeanor traffic cases arising under the laws of the State of Georgia, and which shall be empowered to hear and determine cases involving violations of county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punish ment and penalty for violation thereof as may be provided by law, and which shall have such other and further powers as may be prescribed by law."

TUESDAY, JANUARY 27, 1970

657

Section 2. The above proposed amendment to the Constitution 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 empower the Board of Com-
NO ( ) missioners of Gwinnett County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to provide the authority, jurisdiction, and powers
thereof?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 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 Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Caldwell Games Gates

Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe

658
Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Housley Hudson Hutchinson

JOURNAL OF THE HOUSE,

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Moate 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
Poole Potts Reaves Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Anderson Bostick Bowen Brown, C. Busbee Clarke Dean, J. E. Dodson Dorminy

Egan Grahl Gunter Hale Hamilton Hill, B. L. Hood Horton Howell

Johnson Keen Lee, W. S. Lewis McCracken Melton Moore Odom Phillips, G. S.

Rainey
Rowland Salem

TUESDAY, JANUARY 27, 1970

659

Snow
Townsend Vaughn

Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 160, nays 0.

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

Mr. Scarborough of the 81st arose to a point of personal privilege and addressed the House.

Mr. Busbee of the 61st assumed the Chair.

Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1067. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be con sidered by parole authorities; and for other purposes.
A substitute, offered by the Committee on Special Judiciary, was read and withdrawn by unanimous consent.
The following substitute, offered by Mr. Jordan of the 55th, was read and adopted:
A BILL
To be entitled an Act to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be considered by parole authorities; to provide exceptions; to clarify that this Act applies to all courts having criminal jurisdiction, except juvenile courts; to require the custodian of the defendant to furnish the clerk of the superior court with an affidavit specifying the number of days the defendant has spent in jail prior to trial if the defendant is convicted; to provide that the Board of Corrections shall give the defendant credit for each day spent in jail prior to his conviction and sentence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

660

JOURNAL OF THE HOUSE,

Section 1. Each criminal defendant convicted of a crime in this State shall be given full credit for each day spent in confinement awaiting trial; such credit shall be applied toward the convicted de fendant's sentence and shall also be considered by parole authorities when determining the eligibility for parole.

Section 2. The provisions of Section 1 shall apply to sentences for all crimes, whether classified as violations, misdemeanors or felonies, and to all courts having criminal jurisdiction located within the boundaries of Georgia, except juvenile courts.

Section 3. The custodian of the defendant shall be required to make an affidavit specifying the number of days which the defendant has spent in jail prior to trial and furnish such affidavit to the clerk of the court within five days after sentence is imposed if the defendant is convicted. The affidavit of the custodian of the defendant shall be made a part of the official record of the trial. The clerk of the court shall transmit a copy of the custodian's affidavit to the State Board of Corrections, when applicable. The Board of Corrections shall give the defendant credit for each day he spent in jail prior to his conviction and sentence before forwarding the record to the Board of Pardons and Paroles.

Section 4. Where the defendant has been sentenced to the custody of an official other than the Board of Corrections, the clerk shall transmit the custodian's affidavit to the proper authority who shall give the defendant credit for each day the defendant spent in jail prior to conviction and sentence.

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, 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 Barfield 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 Gates Chandler Cole

TUESDAY, JANUARY 27, 1970

661

Collier Collins, S. Colwell Conger Connell Conner Cook Crowe
D alley Daugherty Davis, E. T. Davis, W. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Ezzard Pallin Farrar Ployd, J. H. Floyd, L. R. Funk Gaynor Geisinger Graves Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder

Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Key ton Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Moate Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A.

Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard
Poole Potts Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smiith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.

Hill, G.

Lee, W. S.

Those not voting were Messrs.:

Atherton Battle

Busbee Caldwell

Clarke Collins, M.

662
Cooper Dean, J. E. Dean, N. Egan Evans Farmer Felton Gary Gignilliat Grahl Gunter

JOURNAL OF THE HOUSE,

Hale Hamilton Howell Knapp Lane, Dick
Lewis Mason Matthews, D. R. McCracken Melton Moore

Nash Odom Phillips, L. L. Pinkston Rainey Reaves Rowland Salem Snow Town send Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 2.

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

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit system; to define urban transit systems under the terms thereof; and for other purposes.

A substitute, offered by Mr. Carnes of the 104th, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:
Mr. Wamble of the 69th moves to amend House Bill 1101 as folfollows:
By inserting between the words "charter" and "service" as they appear in lines 5 and 18 of page 1 the following:
"and sight-seeing".

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:

TUESDAY, JANUARY 27, 1970

663

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Clarke Cole Collins, S. Colwell Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Egan
Ellis
Ezzard
Pallin
Farmer
Farrar
Felton
Floyd, J. H.
Gary

Gaynor Geisinger Gignilliat Grahl Graves Griffin Hadaway Hamilton Hargrett Harrington Haris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, G. Holder Hood Horton 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 Longino Lowrey Marcus Mason Matthews, C. Mauldin
Maxwell
McClatchey
Melton
Merritt
Miles
Milford
Miller
Moate

Morris Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Ross Russell Salem Scarborough Scarlett Shanahan Shepherd Shernian Simkins Simmons Sims Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

664

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Conger Jordan, G.

Moore Smith, J. R.

Those not voting were Messrs.:

Barfield
Bennett Bohannon Bray Brooks Burruss Busbee Chandler Collier Collins, M, Dean, N. Edwards Evans

Floyd, L. R. Funk Gunter Hale Henderson Hill, B. L. Housley Howell Johnson Lambert Lewis, F. B. Matthews, D. R. McCracken

McDaniell
Mullinax Patterson Peters Phillips, W. R. Rainey Rowland Rush Smith, V.T. Whaley Mr. Speaker

On the passage of the Biill, as amended, the ayes were 154, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lambert of the 25th wished to be recorded as voting "aye on the passage of HB 1101, as amended.
HR 545-1101. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th and others: A Resolution to ratify, approve and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.
The report of the Commiittee, 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:

TUESDAY, JANUARY 27, 1970

665

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Caldwell Games 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 Dodson Douglas Edwards Egan
Ellis
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.

Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham Hill, G. Holder Hood Horton Hudson Hutchinson Jones, C. M. 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 Mason
Matthews, C. Mauldin Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Miller

Moate Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, G. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Reaves Roach Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

666

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Bennett Bohannon Bray
Brooks Buck Burruss Busbee Gates Dean Dixon Dorminy Evans Funk

Hadaway Hale Harris, J. R. Henderson
Hill Housley Howell Johnson Joiner Jones, Herb Lambert Lewis Matthews, D. R. McCracken

Morris Patterson Phillips, W. R. Pickard
Rainey Ross Rowland Scarborough Simkins Smith, W. T. Snow Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 479. By Mr. Alexander of the 108th: A Bill to be entitled an Act to provide that it shall be unlawful for any law enforcement officer to physically abuse or injure any person when it is unnecessary; to provide penalty; to provide for an investigation by the Attorney General; to provide for a cause of action by the victim against the violator and the governmental unit employing such violator; and for other purposes.
The following Committee amendment was read and adopted:
The Special Judiciary Committee moves to amend HB 479 as fol lows:
By striking from the title the following:
"to provide a penalty; to provide for an investigation by the Attorney General;".
By striking in their entirety Sections 2 and 3 and by renumbering Sections 4 and 5 as Sections 2 and 3, respectively.

The following amendment was read and adopted:
Mr. Alexander of the 108th moves to amend HB 479 by deleting from Section 4 of the Bill before amended the words "and the governmental unit or agency employing the violator".

TUESDAY, JANUARY 27, 1970

667

The following amendment was read:

Mr. Lane of the 101st moves to amend HB 479, Paragraph 1 by adding proper language to say that a person that falsely accuses a police officer of physical abuse will be guilty of a misdemeanor and responsible for court costs.

On the adoption of the amendment, the ayes were 94, nays 14.

The amendment was adopted.

The following amendment was read and adopted:
Mr. Gunter of the 6th moves to amend HB 479 by inserting the word "suspected" between the words "a" and "lawbreaker" in Paragraph 1, Section 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Barber Battle Bohannon Bond Brown, B. D. Brown, C. Games Connell Daugherty Dean, J. E. Dent Dodson Douglas Egan Ellis

Ezzard Farrar Gaynor Gunter Hadaway Hamilton Harris, J. F. Hill, B. L. Hood Horton Housley Hutchinson Jones, M. Jordan, G. Keyton Knowles Lane, Dick

Matthews, D. R. Maxwell McClatchey Merritt Miller Moate Pafford Phillips, L. L. Phillips, W. R. Russell Sims Thompson, A. W. Townsend Wamble Winkles

668

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Anderson Atherton Ballard Berry Black Blalock Bowen Brantley, H. H. Brantley, H. L. Bray Burruss Clarke Cole Collier Collins, M. Collins, S. Colwell Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dixon Dorminy Edwards Fallin Farmer Floyd, J. H. Floyd, L. R.

Gary Geisinger Gignilliat Grahl Graves Hargrett Harrington Harrison Henderson Higginbotham Hill, G. Holder Hudson Johnson Joiner Jones, C. M. Jones, Herb Keen Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Matthews, C. McDaniell Moore Mullinax

Murphy Nessmith Northcutt Odom Paris Parker, C. A. Parker, H. W. Poole Potts Reaves Roach Ross Rush Salem Scarlett Shanahan Sherman Simkins Simmons Sorrells Thompson, R. Toles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wood

Those not voting were Messrs.:

Barfield Bell Bennett Bostick Brooks Buck Busbee Caldwell Gates Chandler Conger Conner Cook Dickinson Evans Felton Funk Griffin

Hale Harris, J. R. Harris, R. W. Hawes Howell Jordan, H. S. Knapp Lambert Lewis Mason Mauldin McCracken Melton Miles Milford Morris Nash Nunn

Patterson Peters Peterson Phillips, G. S. Pickard Pinkston Rainey Rowland Scarborough Shepherd Smith, J. R. Smith, V. T. Snow Sweat Thomason Vaughn Wilson Mr. Speaker

TUESDAY, JANUARY 27, 1970

669

On the passage of the Bill, as amended, the ayes were 49, nays 92.

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

Mr. Alexander of the 108th served notice that at the proper time he would ask the House to reconsider its action in failing to pass HB 479, as amended.

HR 259-788. By Messrs. Mason and Nash of the 13th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett 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 Anderson Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Caldwell Games Gates

Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis

Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham

670

JOURNAL OF THE HOUSE,

Hill, G. Holder Hood Horton Housley 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. Leonard Levitas 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 Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Poole Potts Reaves Roach

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

Voting in the negative was Mr. Simmons

Those not voting were Messrs.:

Ballard Bostick
Bowen Busbee Conger Cook Dean Egan Pelton Geisinger

Griffin Hale Hill, B. L.
Howell Knapp Lewis McCracken Northcutt Nunn Phillips

Pinkston Rainey Rowland Scarborough Townsend Whaley Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, JANUARY 27, 1970

671

Mr. Geisinger of the 72nd requested the Journal record his vote as "aye" on the adoption of HR 259-788.

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 many 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.

The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HB 869 by changing the figure "1968" to "1970" in Section 2.

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
Barber Battle Bell Berry Black Blalock Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Caldwell

Carnes Gates Chandler Clarke
Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent

Dickinson Dixon Dodson Dorminy
Douglas Edwards Egan Ellis Evans Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Griffin

672
Hadaway Hamilton Hargrett Harrington Harris, J. P. Harris, J. R. 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

JOURNAL OF THE HOUSE,

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard, G. H. Le vitas Lewis Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miles Moate Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, H. W. Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole

Potts Roach Ross 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 Townsend Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Bohannon Bostick Busbee Conner Dean, J. E. Ezzard Felton Gary Gunter

Hale Harris Longino Mason McCracken Merritt Milford Miller Moore Morris Pafford Parker, C. A.

Patterson Pinkston Rainey Reaves Rowland Russell Scarborough Vaughn Wamble Mr. Speaker

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.

TUESDAY, JANUARY 27, 1970

673

Mr. Pafford of the 64th wished to be recorded as voting "aye" on the pas sage of HB 869, as amended.

Mr. Moore of the 6th asked unanimous consent that the following Resolu tion of the House be indefinitely postponed:

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.

The consent was granted, and HR 312-923 was indefinitely postponed.

Mr. Salem of the 51st arose to a point of personal privilege and addressed the House.

Under the general order of business, the following Resolutions of the House were taken up for consideration and read the third time:

HR 276-843. By Messrs. Gunter and Moore 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.

The following amendment was read and adopted:
Mr. McClatchey of the 113th moves to amend HR 276-843 by adding at the end of the sentence after the words "necessary internal wiring" the following words: "and the lessee is authorized to assign said lease as security for a loan or loans".

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

Alexander Anderson Ballard Barber Barfield Battle

Bell Bennett Berry Black Blalock Bond

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck

674
Burruss Caldwell Carnes Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Graves
Griffin
Gunter
Hadaway
Hamilton
Hargrett
Harrington

JOURNAL OF THE HOUSE,

Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen 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
McDaniell
Melton
Merritt
Miles
Miller
Moate
Moore
Morris

Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow
Sorrells
Sweat
Thomason
Thompson
Toles
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

Voting in the negative were Messrs. Atherton and W. R. Phillips.

TUESDAY, JANUARY 27, 1970

675

Those not voting were Messrs.:

Adams Bohannon Bostick Bowen Brooks Busbee Conner Dean, J. E. Egan Fallin

Grahl Hale Harris, J. R. Hill, G. Keyton Knapp McCracken Milford Patterson Peterson

Rainey Reaves Rowland Russell Scarlett Thompson Townsend Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 163, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 587-1189. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Floyd of the 7th, Dean of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to provide 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 IV of the Constitution is hereby amended by striking the figure "10,000.00" from the seventh paragraph of Article VII, Section I, Paragraph IV and inserting in lieu thereof the figure "12,500.00", so that the seventh paragraph of Article VII, Section I, Paragraph IV, when so amended, shall read as follows:

"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school pur poses. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled as a result of such service in the

676

JOURNAL OP THE HOUSE,

armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple schlerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph 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 increase the homestead exemption for disabled veterans who
NO ( ) have been disabled as a result of service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or para plegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the defini tion of the term "disabled veteran"; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA.
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by striking the figure "10,000.00" from the seventh paragraph of Article VII, Section I, Paragraph IV and inserting

TUESDAY, JANUARY 27, 1970

677

in lieu thereof the figure "12,500.00", so that the seventh paragraph of Article VII, Section I, Paragraph IV, when so amended, shall read as follows:

"Each disabled veteran,--as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation from State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled veteran', as used herein, means a disabled American Veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or other wise, and who is disabled as a result of such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the func tions of balance or propulsion as to preclude locomotion without resort to a wheelchair."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph 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 increase the homestead exemption for disabled veterans who
NO ( ) have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower ex tremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote 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.

678

JOURNAL OF THE HOUSE,

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 Anderson Atherton Ballard
Barber Barfield Battle Bell Bennett Berry Black Blalock Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes Gates 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 Dorminy Douglas Edwards Ellis Evans Farmer Farrar Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hamilton 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 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 McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Phillips, G. S. Phillips, L. L. Phillips, W. R.

Pickard Pinkston Poole Potts Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman

TUESDAY, JANUARY 27, 1970

679

Simkins 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. Wilkerson Winkles
Williams Wilson Wood

Those not voting were Messrs.:

Bohannon Bostick Brooks Busbee Dean, J. E. Egan
Ezzard Fallin Pelton Funk

Gary Hale Howell Keyton Knapp McCracken
Miller Patterson Peters Peterson

Rainey Reaves Rowland Russell Scarlett Vaughn
Wamble Mr. Speaker

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

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

Mr. Floyd of the 7th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Acting Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

680

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 28, 1970

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Guy Smith, Pastor, Bethel Primitive Baptist Church, Swainsboro, Georgia:
O Lord God Almighty, we pause and humble ourselves before Thee, and call upon Thee in the blessed and exalted name of the Lord, Jesus Christ, Thy son, by whom all things exist and consist. We are the crea tures; Thou art the creator; we are very limited in our abilities, but Thou art unlimited, for Thou art infinite.
Therefore, in behalf of these, composing this assembly, elected by the people, to represent the people, whose burdens and responsibilities are great, we do humbly beseech Thee to give wisdom to discern clearly right from wrong, strength to stand for right and against wrong, and guidance by thy unerring Spirit, that they may be assured of the right course to pursue. Grant that they may be devoted to the high office to which they have been elected, and at all times be conscious of thou omni presence, and of the importance of rendering services acceptable to Thee; which services will also be beneficial to the people.
We thank Thee for this fruitful land and for the rich heritage Thou hast given us; for the great State of Georgia and for these United States of America, with the freedoms and blessings, both temporal and spiritual. There are those within and without that would destroy us and Constitutional Government from our State and Nation; there fore, O Lord, grant us grace and fortitude to persevere in the cause of freedom.
We confess that sin and iniquity abounds in our State and Nation, and as Thy chastening rod falls upon us, may it bring forth fruit of correction in our lives, and in Thy tender love, mercy and grace, save our State and Nation.
We humbly pray in the name of the Lord, Jesus Christ.
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.

WEDNESDAY, JANUARY 28, 1970

681

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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in order that he desires.

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

HE 1272. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1273. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriffs; to authorize the sheriff to appoint four deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1274. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act relating to the Board of Regents and the State Board of Education; providing for rules and regulations to govern approval of student groups that wish to use the facilities of the State university system or of a junior college; and for other purposes.
Referred to the Committee on University System of Georgia.

682

JOURNAL OF THE HOUSE,

HB 1275. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act making it unlawful for any person to will fully interfere with any fireman, policeman or other peace officer in the lawful discharge of his duties or with any doctor, nurse or ambulance attendant while on emergency calls; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1276. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to void any contract of sale, or sale of Georgia real estate to any person representing, or who is a member of any organization which advocates separation from the existing sovereign state or national governments; and for other purposes.
Referred to the Committee on Judiciary.

HB 1277. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Georgia Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to provide that it shall be a felony for any person to intentionally fire or discharge a gun, pistol, rifle or shotgun or other firearm, at or into a house; and for other purposes.
Referred to the Committee on Judiciary.

HB 1278. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to make it unlawful for any person, with a malicious or mischievous intent, to trespass upon the property or an other, whether private, business or public property; and for other pur poses.
Referred to the Committee on Judiciary.

HB 1279. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act granting to each municipality the power to provide services of its law enforcement officers to other such munici palities under stated conditions; and for other purposes.
Referred to the Committee on Judiciary.

HB 1280. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Part XXX of Title 22 of the Code of Georgia, entitled "Crimes" which is contained in Part IV of said Title, so as to provide that it shall be illegal for any corporation in corporated under the laws of, or doing business in this State to make or authorize any contributions from corporate funds to campaign funds

WEDNESDAY, JANUARY 28, 1970

683

or for political purposes, in any election or primary election held in this State for the purpose of influence; and for other purposes.
Referred to the Committee on State of Republic.

HB 1281. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act granting to the Governor or the governing authority of any city or town the power, under stated conditions, to declare a state of emergency; and for other purposes.
Referred to the Committee on Judiciary.

HB 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th, Bray of the 31st, Nunn of the 41st, Marcus of the 105th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturdays; to provide that the Department may close its facilities on any Monday, if it so chooses; and for other purposes.
Referred to the Committee on State of Republic.

HB 1283. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Treutlen County on a salary system in lieu of the fee system of com pensation, so as to change the compensation of the sheriff and his deputy, and to change his car allowance; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1284. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide that each District Attorney shall be authorized to appoint an Assistant District Attorney to assist him in the discharge of official duties and responsibilities of such Assis tant District Attorney; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1285. By Mr. Roach of the 10th:
A Bill to be entitled an Act to amend Code Section 38-415, relating to the right of a defendant in a criminal case to testify or make a statement in his own behalf, so as to provide that the defendant shall be competent, but not compellable to testify in his own behalf; and for other purposes.
Referred to the Committee on Judiciary.

684

JOURNAL OF THE HOUSE,

HB 1286. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide that, in both civil and criminal cases where a jury shall be necessary, the court shall ensure that such procedures are employed in the processes of selecting those jurors who will serve as such during the trial of each case that, at the time a juror shall be struck, it will be impossible for the juror to determine and ascertain which party has caused him to be struck; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A Bill to be entitled an Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sun glasses are fitted with heat treated glass lenses, plastic lenses or laminated lenses; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1288. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Chapter 9-2, relating to the admission of attorneys from other States to the Bar of this State, so as to authorize the admission to the Bar of Georgia, without examination, certain members of the Bar of another State or the District of Colum bia; and for other purposes.
Referred to the Committee on Judiciary.

HR 634-1288. By Mr. Hargrett of the 58th:
A Resolution proposing an amendment to the Constitution so as to provide that owner-occupied real property owners who send children to private schools may deduct from their ad valorem taxes such amounts as would have been used for educational purposes; and for other pur poses.
Referred to the Committee on Ways and Means.

HR 635-1288. By Mr. Hargrett of the 58th:
A Resolution proposing an amendment to the Constitution so as to pro vide a ceiling on the total amount of ad valorem millage which may be levied upon real property which is owner occupied; and for other pur poses.
Referred to the Committee on Ways and Means.

WEDNESDAY, JANUARY 28, 1970

685

HR 636-1288. By Messrs. Colwell of the 5th, Clarke of the 33rd, Paris of the 14th, Poole of the 10th, Dailey of the 53rd, Edwards of the 45th and others:
A Resolution compensating Honorable Howard Simmons; and for other purposes.
Referred to the Committee on Appropriations.

HR 637-1288. By Mr. Sorrells of the 24th:
A Resolution designating the District Attorneys Association of Georgia as the appropriate State agency for the purpose of receiving grants and donations; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 638-1288. By Messrs. Jordan of the 74th and Bell of the 73rd:
A Resolution proposing an amendment to the Constitution so as to authorize any local board of education to levy and collect, a one-time only license fee, not to exceed $100 per bedroom, for each new resi dential home or apartment constructed; and for other purposes.
Referred to the Committee on Ways and Means.

HR 639-1288. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County, which lies outside the cor porate limits of the Cities of LaGrange, Hogansville and West Point; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1289. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-2720, relating to the authority of the clerks of the superior courts, so as to permit such clerks to deposit Registry of Court funds in interest-bearing ac counts in approved banking institutions; and for other purposes.
Referred to the Committee on Judiciary.
HB 1290. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-3103 of the Code of Georgia, relating to the compensation of court reporters or stenog raphers in civil cases, so as to raise the rate to be paid for taking and recording stenographic notes and recording the evidence; and for other purposes.
Referred to the Committee on Judiciary.

686

JOURNAL OF THE HOUSE,

HR 640-1290. By Messrs. Matthews of the 63rd, Black of the 45th, Dailey of the 53rd, Wheeler of the 57th, Hadaway of the 27th, Reaves of the 71st, and Collins of the 62nd:
A Resolution creating the Hog Cholera Study Committee; and for other purposes.
Referred to the Committee on Agriculture.

HR 641-1290. By Mr. Jones of the 59th:
A Resolution authorizing the conveyance of real property located in Liberty County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 642-1290. By Messrs. Keyton and Russell of the 70th: A Resolution compensating Mr. D. R. Corley; and for other purposes.
Referred to the Committee on Appropriations.

HB 1291. By Mr. Jones of the 59th:
A Bill to be entitled an Act 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 change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1292. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that whenever the last day prescribed for the exercise of any privilege or the discharge of any duty shall fall on a Saturday, a Sunday, or legal holiday, the period for the exercise of such privileges shall be held the next succeeding day which is not a Saturday or legal holi day; and for other purposes.
Referred to the Committee on State of Republic.

HB 1293. By Mr. Rush of the 51st:
A Bill to be entitled an Act to authorize the board of commissioners or other governing authority of each county in this State to provide for the closing of all county offices, one day each week, in addition to closing on Sundays and legal holidays, and also for closing such offices on days designated by the board of commissioners or other governing authority as a special day of mourning, celebration or rest; and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, JANUARY 28, 1970

687

HB 1294. By Mr. Shanahan of the 8th:
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 Gordon, so as to change the compensation of the said commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1295. By Messrs. Carnes of the 104th, Lane of the 101st, Gates of the 95th, Longino of the 98th and others:
A Bill to be entitled an Act to create the South Fulton Coliseum Au thority; and for other purposes.
Referred to the Committee on Industry.

HB 1296. By Messrs. Salem and Lewis of the 50th:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to change the method of determining the financial ability of each local unit of administration; and for other purposes.
Referred to the Committee on Education.
HB 1297. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Floyd of the 75th, Miller of the 83rd, Battle of the 90th and others:
A Bill to be entitled an Act to regulate the bail bond business in the State of Georgia; to provide for a short title; to provide for definitions; to provide for the powers and duties of the State Insurance Commis sioner; to provide for license fees; and for other purposes.
Referred to the Committee on Judiciary.

HB 1298. By Messrs. Smith and Cole of the 3rd:
A Bill to be entitled an Act to create the Legislative Commission on Administrative Procedure; and for other purposes.
Referred to the Committee on Rules.

HB 1299. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month to $20.00 per month; and for other purposes.
Referred to the Committee on Local Affairs.

688

JOURNAL OF THE HOUSE,

HB 1300. By Messrs. Westlake, Davis and Floyd of the 75th, Davis of the 86th and Collins of the 72nd:
A Bill to be entitled an Act to confer upon the chairman of any com mittee of the General Assembly the power to compel the attendance of witnesses, require the production of documents and compel the giving of evidence under oath before his committee; and for other purposes.
Referred to the Committee on Rules.

HR 643-1300 By Mr. Grahl of the 40th:
A Resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Library of the Superior Court of Peach County; and for other purposes.
Referred to the Committee on Judiciary.

HB 1301. By Mr. Conger of the 68th:
A Bill to be entitled an Act to reenact Section 13 of an Act approved March 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, main tain and operate at any of the seaports of this state, terminal facili ties of all kinds; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1302. 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 authorize counties to levy a local retail tax; to authorize municipalities to levy such tax under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1303. By Messrs. Wheeler of the 18th, Graves of the 9th, Mauldin of the 12th, Smith of the 3rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the State Board of Dispensing Opticians, and providing the authority, duties, powers and jurisdiction of said Board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1304. By Messrs. 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, relating to elections, so as to place the conduct of primaries under the

WEDNESDAY, JANUARY 28, 1970

689

supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.
Referred to the Committee on State of Republic.

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

HB 1239. By Mr. Funk of the 92nd:
A Bill to be entitled an Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, so as to change provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; and for other purposes.

HB 1240. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.

HB 1241. 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, revoca tion and cancellation of driver's licenses, so as to provide that the Di rector of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other purposes.
HR 614-1241. By Mr. Williams of the llth: A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
HB 1242. By Mr. Leonard of the 3rd: A Bill to be entitled an Act to reincorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to pre scribe the corporate limits of said city; and for other purposes.

690

JOURNAL OF THE HOUSE,

HB 1243. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 1244. By Messrs. Brown of the 32nd, Townsend of the 115th and Holder of the 49th:
A Bill to be entitled an Act to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in incorporated communities of 5,000 or more population; and for other purposes.

HB 1245. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide that such tags may be issued for pick-up trucks and station wagons; and for other purposes.

HB 1246. By Mr. Moate of the 28th:
A Bill to be entitled an Act creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; to prescribe the pleading and practice in said court; and for other purposes.

HE 615-1246. By Mr. Westlake of the 75th:
A Resolution compensating Mr. E. H. Hartman, Sr.; and for other purposes.

HE 616-1246. By Mr. Moate of the 28th: A Resolution compensating Mr. W. W. Walker; and for other purposes.

HE 617-1246. By Messrs. Brown and Melton of the 32nd:
A Eesolution proposing an amendment to the Constitution so as to pro vide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.

WEDNESDAY, JANUARY 28, 1970

691

HR 618-1246. By Messrs. Brown and Melton of the 32nd:
A Resolution proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.

HR 619-1246. By Mr. Bohannon of the 20th: A Resolution compensating James Hoyt Hosey; and for other purposes.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other purposes.

HB 1248. By Messrs. Games of the 104th and Marcus of the 105th:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities and school districts of Georgia; and for other purposes.

HR 620-1248. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to re move the power of the Superior Courts to issue writs of certiorari; and for other purposes.

HR 621-1248. By Mr. Games of the 104th:
A Resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.

HB 1249. By Messrs. Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that if any person has had his driver's license suspended for cause of his failure to sub mit to certain chemical tests and shall subsequently be found not guilty of the charge his license shall be reinstated; and for other purposes.

692

JOURNAL OF THE HOUSE,

HB 1250. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.

HR 622-1250. By Mr. Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to pro vide that no person shall be eligible to offer as a candidate for election or be eligible for appointment to the office of Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Courts, District Attorney or Judge or solicitor of any city or county court who would at the time specified for assuming such office be 70 years of age or over; and for other purposes.

HB 1251. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obligations; and for other purposes.

HB 1252. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act entitled "Revenue Certifi cate Law of 1937", so as to provide a uniform fee of 75$ per bond or certificate; and for other purposes.

HB 1253. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 6-805, relating to preparation of record for appeal, reporting of evidence and other mat ters, so as to specifically set forth that the costs referred to therein for the reporting of the proceedings and evidence are those set forth in Code Section 24-3103; and for other purposes.

HB 1254. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-3105 of the Code of Georgia relating to the duty of the court reporter to transcribe evidence, certify said transcript and presumptions as to correctness of said transcript, so as to set forth that the legal fees referred to therein are those set forth in Code Sections 24-3103; and for other purposes.

HB 1255. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees to be charged by clerks of the Superior Court, so as to authorize

WEDNESDAY, JANUARY 28, 1970

693

such clerks to collect fees on interest earned by Registry of Court funds deposited in interest-bearing accounts in approved banking institutions; and for other purposes.

HB 1256. By Messrs. Salem of the 51st, Hargrett of the 58th, Moate of the 28th, Phillips of the 50th, Collins of the 62nd, Howell of the 60th, Con ner of the 56th, and others.
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide that any rule, regulation or policy affecting the various local systems shall be adopted by the State Board of Education only after it has consulted and advised with the various local superintendents and Boards of Education; and for other purposes.
HB 1257. By Messrs. Pickard, Buck and Jones of the 84th, Berry and Thompson of the 85th, and Davis of the 86th:
A Bill to be entitled an Act to amend an amendment to the Constitu tion of the State of Georgia creating the Columbus & Muscogee County Building Commission, so that said Commission shall hereafter be known as the "Columbus & Muscogee County Building Authority"; and for other purposes.

HR 623-1257. By Messrs. Adams of the 100th, Rush of the 51st, Smith of the 39th, Bostick of the 63rd, Whaley of the 93rd, and others:
A Resolution designating the largemouth bass as the official State fish; and for other purposes.

HR 624-1257. By Messrs. Parrar of the 77th and Barber of the 15th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; and for other purposes.

HB 1258. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensa tion; and for other purposes.

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee basis of compen sation; and for other purposes.

694

JOURNAL OF THE HOUSE,

HB 1260. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of com pensation; and for other purposes.

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act placing the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of compensa tion, and for other purposes.

HB 1262. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compen sation; and for other purposes.

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon County to fix the salary of the judge and the solicitor of said Court within a certain salary range; and for other purposes.

HB 1264. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of com pensation; and for other purposes.

HR 632-1264. By Mr. Ballard of the 23rd: A Resolution compensating Mr. John H. Moore; and for other purposes.

HR 633-1264. By Mr. Ballard of the 23rd:
A Resolution compensating Mr. William P. Roberts; and for other purposes.

HB 1265. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Stephens County, so as to change the salary of said Tax Commissioner and to change the method for determining his salary; to provide for employees, their compensation and necessary of fice expenses, and for other purposes.

WEDNESDAY, JANUARY 28, 1970

695

HB 1266. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to prohibit the use of hypnotism, mes merism, and any similar act or process except in the practice of dentistry, the practice of medicine and surgery, and in the practice of a license applied psychologist; and for other purposes.

HB 1267. By Mr. Gunter of the 6th:
A Bill to he entitled an Act to provide that the "Georgia Official Direc tory of State and County Officers" shall contain the official addresses of the offices and officers therein, and in any administrative or ju dicial proceeding, or appeal therefrom, any letter addressed to an ad dress contained in the aforesaid official directory shall be deemed to be properly addressed if the letter is addressed as set out in said directory; to provide for correct addresses to the Secretary of State; and for other purposes.

HB 1268. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Chapter 27-19, relating to demand for trial and announcement of ready or not ready, so as to provide that whenever a demand for trial is made by anyone accused of crime in any court of this State, the clerk of said court shall notify the prosecuting attorney for said court that such demand has been made; and for other purposes.

HB 1269. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to provide that in all civil cases tried by a jury of 12, agreement of 9 of the 12 jurors shall be sufficient for a verdict; and for other purposes.

HB 1270. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Chapter 38-7, relating to private writings as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; and for other purposes.
HB 1271. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 27-903, relating to the number of times bail may be permitted for the same offense, so as to provide that the first bail shall be permitted as a matter of right and that subsequent bails shall be at the discretion of the Court; and for other purposes.

696

JOURNAL OF THE HOUSE,

SB 323. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those person^ who have refused to submit to such chemical tests used to determine the alcoholic and drug con tent of blood and the use thereof; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture sub mitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendations.
SB 293. Do Pass by Substitute. Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 55- 128. Do Pass as Amended. HR 537-1090. Do Pass. HR 548-1105. Do Pass. HR 551-1121. Do Pass.
Respectfully submitted, Floyd of the 7th, Chairman.
Mr. Barber of the 15th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following

WEDNESDAY, JANUARY 28, 1970

697

Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 38-68. Do Pass as Amended. Respectfully submitted, Barber of the 15th, Chairman.

Mr. Clarke of the 33rd District, 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 has instructed me to report same back to the House with the following recommendations:

HB 1165. Do Pass.

HB 1184. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

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

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me to report same back to the to the House with the following recommendations:

HB 1270. Do Pass.

HB 767. Do Pass.

HB 1271. Do Pass.

HB 498. Do Pass.

SB 321. Do Pass.

Respectfully submitted, McClatchey of the 113th, Chairman

698

JOURNAL OF THE HOUSE,

Mr. Howell of the 60th District, 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 fol lowing Bills of the House and has instrutced me to report same back to the House with the following recommendations:
HB 1023. Do Pass.
HB 1139. Do Pass.
HB 1247. Do Pass.
Respectfully submitted, Howell of the 60th,
Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 86. Do Pass. Respectfully submitted, Matthews of the 16th, Chairman.

Mr. Melton of the 32nd District, 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 Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendation:
HB 1002. Do Pass. HB 1124. Do Pass. HR 544-1101. Do Pass as Amended.
Respectfully submitted, Melton of the 32nd, Chairman.

WEDNESDAY, JANUARY 28, 1970

699

Mr. Harrington of the 34th District, Chairman of the Committee on Welfare, submitted the following report:

Mr. Speaker:

Your Committee on Welfare has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1194. Do Pass by Substitute.
Respectfully submitted,
Harrington of the 34th,
Chairman

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 328. By Senator Kidd of the 25th: A Bill to provide that certain slow-moving vehicles and equipment oper ated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.
SB 332. By Senators Smalley of the 28th, Bateman of the 27th, and Hill of the 29th: A Bill to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Georgia radio station a fee or other recompense for broadcasting a play-by-play or other description of any high school athletic event, etc; to repeal con flicting laws; and for other purposes.

SB 356. By Senators Hensley of the 33rd, Smith of the 34th and Reeder of the 55th:
A Bill to amend an Act governing and regulating the Act of the Public Roads and Highways in this State, so as to provide that motor buses of any urban transit system operating under the jurisdiction of the Pub lic Service Commission may not exceed a total width of 102 inches to provide that these buses may not be operated over a route of 50 miles, and may not be operated on the National System of Interstate and De fense Highways; and for other purposes.

700

JOURNAL OP THE HOUSE,

SB 357. By Senator Hensley of the 33rd:
A Bill to amend an Act to create the office of State Highway Board, Chairman, State Highway Board, and Treasurer of the State Highway Department; to provide for this appointment; and for other purposes.

SB 366. By Senators Plunkett of the 30th and Broun of the 46th:
A Bill to amend an Act creating the Georgia State Scholarship Commis sion, and authorizing the Commission to provide for the granting of scholarships to certain students, to provide that the terms and condi tions governing award and repayment of scholarships shall include the requirement that a recipient repay his scholarship in cash or by prac ticing in a community in Georgia; etc; to repeal conflicting laws; and for other purposes.

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

SR 218. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.

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

HB 328. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide that certain slow-moving ve hicles and equipment operated upon the public roads of this State shall be required to display certain warning devices; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 332. By Senators Smalley of the 28th, Bateman of the 27th, and Hill of the 29th:
A Bill to be entitled an Act to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Georgia radio station a fee or other recompense for broad casting a play-by-play or other description of any high school athletic event; and for other purposes.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 28, 1970

701

SB 356. By Senators Hensley of the 33rd, Smith of the 34th, and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act governing and regulating the Act of the Public Roads and Highways in this State, so as to pro vide that motor buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed certain width; and for other purposes.
Referred to the Committee on Highways.

SB 357. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend an Act creating the office of State Highway Board, Chairman, State Highway Board, and Treasurer of the State Highway Department, so as to recreate the Office of the Treasurer of the State Highway Department; to provide for his ap pointment; and for other purposes.
Referred to the Committee on Highways.

SB 366. By Senators Plunkett of the 30th and Broun of the 46th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission, and authorizing the Commission to provide for the granting of scholarships to certain students; to provide for the terms and conditions governing award and repayment of scholarships; and for other purposes.
Referred to the Committee on University System of Georgia.

SB 218. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.
Referred to the Committee on Rules.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1165. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act creating and incorporating Peachtree City in Fayette County, Ga. so as to delete certain provisions relating to the police court of Peachtree City; 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.

702

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.

HB 1184. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to incorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; 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.
Mr. Funk of the 92nd asked unanimous consent that the following Bill of the House be indefinitely postponed:
HB 1079. By Mr. Funk of the 92nd: A Bill to be entitled an Act to provide for the reclamation of natural resources owned by public entities when the deterioration of such re sources is caused by an Act of God or unforeseen events; and for other purposes.
The consent was granted and HB 1079 was indefinitely postponed.
Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th: A Bill to be entitled an Act regulating the sale of flue-cured leaf to bacco in this State, as amended, so as to redefine the regular selling season; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, JANUARY 28, 1970

703

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 Ballard Barber Battle Bell Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Busbee Caldwell Carnes Gates Chandler Collins, M. Collins, S. Colwell Connell Cooper Daughtery Davis, E. T. Dean, N. Dent Dickinson Douglas Edwards Ellis Felton Floyd, L. E. Funk

Gary Gaynor Geisinger Gignilliat Graves Hadaway Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Longino Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford

Moate Morris Nash Nessmith Northcutt Nunn Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Salem Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Sorrells Thompson, A. W. Thompson, R. Toles Vaughn Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Anderson Atherton Barfield Bennett Berry Blalock

Brown, C. Burruss Clarke Cole Collier Conger

Conner Cook Crowe Dailey Davis, W. Dean, J. E.

704
DeLong Dixon Dodson Dorminy Egan Evans Ezzard Tallin Farmer Farrar Floyd, J. H. Grahl Griffin. Gunter Hale Hamilton Hargrett Harrington Harris, R. W. Henderson Higginbotham

JOURNAL OF THE HOUSE,

Johnson Jordan, H. S. Keen Knapp Lambert Lane, Dick Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken Miller Moore Mullinax Murphy Odom

Pafford Paris Parker, C. A. Phillips, G. S. Pickard Pinkston Rainey Rowland Russell Scarborough Scarlett Smith, V. T. Snow Sweat Thomason Townsend Wamble Ware Westlake Wilson, Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1061. By Mr. Harris of the 77th: A Bill to be entitled an Act to amend an Act providing retirement ben&fits for the clerks of the superior courts of Georgia, so as to include the provisions relative to delinquent payments; 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 Ballard Barber Battle Black

Blalock Bohannon Bond Bostick Bo wen Brantley, H. H.

Brantley, H. L. Bray Brooks Brown, B. D. Buck Busbee

WEDNESDAY, JANUARY 28, 1970

705

Carries Gates Chandler Collins, S. Colwell Cornell Cooper Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Douglas Edwards Ellis Parrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, G.

Holder Hood Horton Housley Howell Hudson Hutchinson 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) Longino Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Nessmith Northcutt Nunn Parker, H. W.

Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Poole Potts Reaves Roach Ross Rush Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Sorrells Thomason Thompson, A. W. Toles Vaughn Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Anderson Atherton Barfield Bell Bennett Berry Brown, C. Burruss Caldwell Clarke Cole Collier Collins, M. Conger Conner Cook Crowe Dailey

Dean, J. E. DeLong Dixon Dodson Dorminy Egan Evans Ezzard Fallin Farmer Floyd, J. H. Grahl Griffin Gunter Hale Hamilton Hargrett
Harris, R. W.

Henderson Hill, B. L. Johnson Keen Knapp Lambert Lee, W. S. Leonard Le vitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken Miller Moore

706
Morris Mullinax Murphy Nash Odom Pafford Paris Parker, C. A.

JOURNAL OF THE HOUSE,

Phillips, G. S. Pinkston Eainey Rowland Russell Salem Scarborough, Smith, V. T.

Snow Sweat Thompson, R. Townsend Wamble Ware Wilson Mr. Speaker

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

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

HB 1084. By Messrs. Parker, Lane and Nessmith of the 44th, Wheeler of the 57th and others:
A Bill to be entitled an Act to amend an Act providing forma tion of cooperative non-profit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance, etc. to its members; 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 2.

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

HB 1047. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to regulate take-over bids for the purchase of stock insurance companies; and for other purposes.
The following Committee substitute was read and adopted:
A Bill to be entitled an Act to regulate take-over bids for the pur chase of stock of insurance companies; to provide a short title; to define terms; to provide for the filing of certain disclosures; to provide for recommendations to accept or reject; to prohibit certain deceptive prac tices; to provide for injunctions; to provide for certain crimes and penalties; to provide that each take-over bid made in violation of this act shall constitute a separate offense; to provide for civil liabilities; to provide for consent to service of process; to provide for severability; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 28, 1970

707

Be it enacted, by authority of the General Assembly of Georgia:

Sec. 1. SHORT TITLE--This chapter shall be known as the "TakeOver-Bid Disclosure Act for Insurance Companies:"

Sec. 2. DEFINITIONS--As used in this chapter, unless the con text otherwise requires, the term:

(a) "Commissioner" means the Insurance Commissioner of Georgia.

(b) "Exempt offer" means, with respect to any class of equity securities of the offeree company:

(i) an isolated offer to purchase shares from individual stock holders and not made to stockholders generally;

(ii) an offer to purchase shares which are registered pursuant to an effective registration statement under the Securities Act of 1933;

(iii) an offer made by an issuer to purchase its own shares or shares of a subsidiary at least two-thirds of the voting stock of which is owned beneficially by such issuer;

(iv) an offer to purchase shares to be effected by a registered broker-dealer on a stock exchange or in the over-the-counter market.

(v) proposals for the merger, sale, or reorganization of such com panies duly voted upon by the directors and stockholders of such com panies in duly called and held regular or special meetings.

(vi) an offer which the Commissioner by order, after notice to the offerer and to the offeree company, shall exempt from the provisions of this chapter as not entered into for the purpose of, and not having the effect of, changing or influencing the control of the offeree company or otherwise as not comprehending within the purpose of this chapter.

(c) "Offeree" means a person, whether a stockholder of record or a beneficial owner, to whom a take-over bid is made.

(d) "Person" means an individual, a partnership, a corporation, an unincorporated association, or a trust.

(e) "Offeree company" means a stock insurance corporation in corporated under the laws of Georgia and doing business in Georgia whose shares are the subject of a takeover bid, and which shares are not registered under the provisions of the Securities & Exchange Act of 1934, as amended.

(f) "Offerer" means a person who makes a takeover bid, and includes two or more persons,
(i) whose take over bids are made jointly or in concert, or

708

JOURNAL OP THE HOUSE,

(ii) who intended to exercise jointly or in concert any voting rights attaching to the shares for which a take-over bid is made.

(g) "Offerer's presently-owned shares" means the aggregate num ber of shares of an offeree company (i) beneficially owned, and (ii) subject to a right of acquisition, directly or indirectly, on the date of a take-over bid by (1) the offerer and (2) each associate of the offeror.

(h) "Take-over bid" means an offer, other than an exempt offer, made by an offeror directly or through an agent by advertisement or any other written or oral communication to offerees to purchase such number of shares of any class of equity security of the offeree company that, together with the offerer's presently-owned shares, will in the aggregate exceed 10 per cent of the outstanding shares of such class.
(i) "Securities Act of 1933" and "Securities Exchange Act of 1934" mean the federal statutes of those names as now or hereafter amended.
Sec. 3. PROVISIONS OF TAKE-OVER BIDS.--The following pro visions apply to every take-over bid:
(a) The period of time within which shares may be deposited pursuant to a take-over bid shall not be less than twenty-one days nor more than thirty-five days from the date of the first invitation to deposit shares.
(b) Shares deposited pursuant to a take-over bid may be with drawn by an offeree or his attorney-in-fact by demand in writing on the offeror or the depository at any time within twenty-one days from the date of the first invitation to deposit shares.

(c) Where a take-over bid is made for less than all the shares of a class and where a greater number of shares is deposited pursuant thereto than the offeror is bound or willing to take up and pay for, the shares taken up by the offeror shall be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares de posited.
(d) Where an offeror varies the terms of a take-over bid before the expiration thereof by increasing the consideration offered, the offeror shall pay the increased consideration to each offeree whose securities are taken up even if they have been taken up and paid for before the variation of the take-over bid.
(e) Where a take-over bid is sent by mail to offerees, it shall be accompanied by a copy of the statement filed with the Commissioner pursuant to this Act.
Sec. 4 DISCLOSURE.--(a) At least ten days prior to the making of a take-over bid, the offeror shall file with the Commissioner and with the registered agent of the offeree company a statement containing the following information and such additional information as the Com-

WEDNESDAY, JANUARY 28, 1970

709

missioner may require as necessary in the public interest or for the protection of investors in the stock of life insurance companies and
policy-holders of such companies.

(i) the name, address and business experience of the offerer and each associate of the offerer;

(ii) the terms and conditions of the take-over bid, which shall in clude the applicable provisions of this Act.

(iii) the source and amount of the funds or other consideration
used or to be used in making the take-over bid, and if any part of such
funds or consideration is represented or is to be represented by funds or other consideration borrowed or otherwise obtained for the purpose of making such bid, a description of the transaction and the names of
the parties thereto, except that where a source of funds is a loan or loans made in the ordinary course of business by a bank or financial institution customarily engaged in the business of making loans, it will
be sufficient to so state;

(iv) any plans or proposals that the offerer may have to liquidate
the offeree company, to sell its assets to or merge it with any other person, or to make any other material change in its business or corporate structure;

(v) the number of offerers' presently-owned shares;

(vi) information as to any contracts, arrangements, or under
standings with any person with respect to any securities of the offeree company, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guaranties
of loans, guaranties against loss or guaranties of profits, division of losses or profits, or the giving or withholding of proxies, naming the
persons with whom such contracts, arrangements, or understandings have been entered into, and giving the details thereof.

(b) All written soliciting material used by the offerer in connec
tion with the take-over bid shall be filed with the Commissioner and the registered agent of the offeree company not later than the time copies of such material are first published or sent or given to offerees.

(c) If, pursuant to any arrangement or understanding with the offerer, any persons are to be elected or designated as directors of the offeree company, otherwise than at a meeting of security holders, and the persons so elected or designated will constitute a majority of the directors of the offeree company, then, prior to the time any such person
takes office as a director, the offerer shall file with the Commissioner, and transmit to all holders of record of securities of the offeree company who would be entitled to vote at a meeting for election of directors, in formation substantially equivalent to the information which would be
required by 14 (a) or 14 (c) of the Securities Exchange Act of 1934 to be transmitted if such person or persons were nominees for election as directors at a meeting of such security-holders.

710

JOURNAL OF THE HOUSE,

Sec. 3 RECOMMENDATIONS TO ACCEPT OR REJECT.--Any written solicitation or recommendation to offerees to accept or reject a take-over bid shall be filed with the Commissioner not later than the time copies of such solicitation or recommendation are first published or sent or given to offerees.

Sec. 6. DECEPTIVE PRACTICES.--It shall be unlawful for any person to make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not mis leading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any take-over bid, or any solicitation of offerees in opposition to or in favor of such take-over bid.
Sec. 7. INVESTIGATIONS.--The Commissioner may make such in vestigations within or outside of this State as he deems necessary to determine whether any person has violated or is about to violate the provisions of this chapter or any order or injunction of a Superior Court of this state on application of the Commissioner, and may require any person subject to the investigation to pay the actual costs of the in vestigation including fifty dollars per day for the time of the in vestigator. The Commissioner shall have power to issue subpoenas and subpoenas duces tecum to require the attendance of any person and the production of any papers for the purposes of such investigation. No person shall be excused from testifying on the ground that his testimony would tend to incriminate him, but if, after asserting his claim of the privilege, he is required to testify, he shall not be prosecuted or penal ized on account of any transactions concerning which he does testify.

Sec. 8. INJUNCTIONS.--The Commissioner shall have the power and authority to apply to a Superior of this state for temporary and per manent injunctions against violations or attempted violations of this chapter or any order issued pursuant to this chapter. If the offerer is a resident of this state, such application shall be to the Superior Court of the county of residence of the offerer; or in the case of a corporation, wherever the corporation has a place of business. If the offerer is a non resident, such application shall be to the Superior Court of Fulton County, and service of such offerer may be effected by service upon the Secretary of State as hereafter provided.

Sec. 9. CRIMES--Any person who shall knowingly make or cause to be made any false statement with respect to any matter subject to the provisions of this chapter or exhibit any false paper to the Commis sioner or who shall commit any act declared unlawful by this chapter and any offerer who shall make a take-over bid which does not comply with the provisions of this Act shall be guilty of a misdemeanor, and on conviction, be punished by a fine of not less than one hundred nor more than one thousand dollars, or by confinement in jail for not less than thirty days nor more than one year, or by both such fine and im prisonment.

Sec. 10 SEPARATE OFFENSES.--Each take-over bid made in viola tion of the provisions of this chapter shall constitute a separate offense. The Commissioner may request the offerer to rescind any such bid and to make restitution to the offeree, and if the offerer complies with the

WEDNESDAY, JANUARY 28, 1970

711

request no penalty shall be imposed on him on account of that illegal take-over bid.

Sec. 11. CIVIL LIABILITIES--(a) Any offerer who:

(1) Makes a take-over bid which does not comply with the provisions of this Act, or

(2) Makes a take-over bid by means of an oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement made, in the light of the circumstances under which they were made, not misleading (the offeree not knowing, or if, in the exercise of reasonable care he should not have known of such untruth or omission), shall be liable to any offeree whose shares are taken up pursuant to the take-over bid who may re cover such shares, together with all dividends received thereon, costs and reasonable attorneys' fees, upon the tender of the consideration received from the offerer, or such offeree may elect to recover the fair market value of such shares, together with reasonable attorneys' fees and costs, less the consideration received therefor from the offeror.

(b) Every person who materially participates or aids in a take-over bid made by an offeror liable under subsection (a) shall also be liable jointly and severally with and to the same extent as the offeror so liable.

(c) Any condition, stipulation or provision binding any offeree to waive compliance with any provision of this chapter or of any rule or order thereunder shall be void.

(d) The rights and remedies provided by this act shall be in ad dition to any and all other rights and remedies that may exist under law.

Sec. 13 CONSENT TO SERVICE OF PROCESS.--Every nonresident offeror who makes a take-over bid shall be deemed to have appointed the Secretary of State of Georgia as his agent upon whom may be served, in any matter arising under this chapter, any process, notice, order or demand. The Commissioner shall forthwith cause such process, notice or demand to be delivered to the Secretary of State, who shall send it by registered or certified mail addressed to such offeror at his last known address, and keep a record thereof. Any process, notice, order or demand issued by the Commissioner shall be served by being mailed by the Secretary of State by registered or certified mail ad dressed to such offeror at his last known address.

Sec. 14. SEVERABILITY.--If any provision or clause of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or ap plication, and to this end the provisions of this chapter are declared to be severable.

Sec. 15. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed.

712

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 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 Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Busbee Games Gates Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dent Dickinson Dorminy Douglas Edwards

Ellis Ezzard Fallin Farrar Felton Floyd, L. E. Funk Gaynor Geisinger Gignilliat Graves Griffin Hadaway Harrington Harris, J. F. Harris, J. E. Harrison Hawes Henderson Higginbotham Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Marcus

Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miles Morris Mullinax Murphy Nessmith Northcutt Paris Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. E. Pickard Pinkston Poole Potts Eeaves Eoach Boss Eush Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells Thomason Thompson, A. W. Thompson, E, Toles Townsend Vaughn Ware

WEDNESDAY, JANUARY 28, 1970

713

Westlake Wheeler, Bobby Wheeler, J. A.

Wilkinson Winkles Williams

Wilson Wood

Those not voting were Messrs.:

Atherton Bowen Brown, C. Caldwell Clarke Cook Cooper Dean, J. E. Dean, N. DeLong Dixon Dodson Egan Evans Farmer Floyd, J. H. Gary Grahl Gunter

Hale Hamilton Hargrett Harris, R. W. Hill, B. L. Hill, G. Jones, Herb Jordan, H. S. Keen Knapp Lambert Lowrey Mason Matthews, D. R. McCracken McDaniell Milford Miller Moate

Moore Nash Nunn Odom Pafford Parker, C. A. Peterson Phillips, G. S. Rainey Rowland Russell Salem Smith, V. T. Sweat Wamble Whaley Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 0.

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

SB 201. By Senator Jackson of the 16th:
A Bill to be entitled an Act to create within the executive branch of government the Georgia Department of Water Resources; and for other purposes.

By unanimous consent, further consideration of SB 201 was postponed until tomorrow, January 29, 1970, immediately after the period of unanimous consent.

HB 1134. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, as amended, so as to authorize the State Board of Education to open up its student honors program to pupils of private high schools of this state; and for other purposes.

714

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 102, nays 0.

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

SB 310. By Senators Chapman of the 32nd and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act relating to health insurance for State Employees, so as to increase the maximum permissible parti cipation and contribution in the said plan; 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 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 Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Gates Candler Cole Collier

Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dent Dickinson Dodson Dorminy Douglas Edwards Egan Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor

Gignilliat Grahl Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harrison Hawes Henderson Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen

WEDNESDAY, JANUARY 28, 1970

715

Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Moate Moore, Don C. 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 Poole Potts Rainey Reaves Roach Ross Rush

Scarlett Shanahan Shepherd Sherman Simkins 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 Wilson Wood

Voting in the negative was Mr. Blalock.

Those not voting were Messrs.:

Barfield Brooks Caldwell Carnes Clarke Collins, M. Collins, S. Cook Dean, N. DeLong Dixon Ellis Fallin Funk

Geisinger Hale Harris, J. R. Harris, R. W. Higginbotham Hill, G. Howell Johnson Keyton Knapp Lambert Longino Matthews, C. Matthews, D. R.

McCracken Melton Miller Rowland Russell Salem Scarborough Sweat Townsend Wamble Whaley Winkles Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 1.

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

716

JOURNAL OF THE HOUSE,

HB 1042. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Chapter 26-21 of the Code of Geor gia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; 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 fol lows:

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 Brown, C. Buck Burruss Busbee Carnes Gates Chandler Cole Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N.

Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis Evans Ezzard Fallin Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill, G. Holder Hood Housley Howell Hudson Hutchinson

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Miiford Moate Morris Mullinax
Nash Nessmith Nunn Odom Pafford Paris

WEDNESDAY, JANUARY 28, 1970

717

Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross

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

Those voting in the negative were Messrs.:

Alexander Brown, B. D.

Hill, B. L.

Lee, W. J. (Bill)

Those not voting were Messrs.:

Bond Brooks Caldwell Clarke Collier Collins, M. Conner Daugherty Dean, J. E. DeLong Dorminy Farmer

Parrar Gunter Hale Hamilton Hawes Higginbotham Horton Johnson Keen Lambert Longino Matthews, D. R.

McCracken Miller Moore Murphy Northcutt Reaves Rowland Salem Scarborough Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 4.

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

Mr. Lee of the 21st stated that he had inadvertently voted "nay" but in tended to vote "aye" on the passage of HB 1042.
Mr. Northcutt of the 21st wished to be recorded as voting "aye" on the pas sage of HB 1042.

Mr. Longino of the 98th wished to be recorded as voting "aye" on the passage of HB 1042.

718

JOURNAL OF THE HOUSE,

HB 1161. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act placing the district at torneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, so as to provide that any district at torney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.

The following amendment was read and adopted:
Mr. Jones of the 59th moves to amend HB 1161 by adding between the words "unless" and "hereafter" on line 1 of page 2 the words "such compensation has been or may"; and by adding between the words "hereafter" and "fixed" the word "be".

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 100, nays 0.

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

HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

The following Committee amendment was read and adopted:
The Special Judiciary Committee moves to amend House Bill No. 228 as follows:
By inserting in the title, before "to repeal conflicting laws;", the following: "to provide that the trial court judge shall set the sentence in the event the jury is unable to do so;"
And by striking from quoted Section 27-2502, from the third sentence thereof, the following:
"criminal record or absence of a criminal record of the defend ant",

WEDNESDAY, JANUARY 28, 1970

719

and by inserting in lieu thereof the following:

"defendant's previous criminal conviction or convictions or absence of previous criminal conviction."

And by striking the word "all" from the third sentence of said quoted Section.

By inserting between the sixth and seventh sentences of said quoted Section the following:

"In the event the jury is unable to reach an agreement as to a determinate sentence for the convicted person, the trial court judge shall prescribe a determinate sentence for such specific number of years as he may see fit."

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 Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bowen
Brantley, H. H. Brantley, H. L. Brown, C. Buck Burruss Busbee Carnes Gates Chandler Cole Collins, S.

Colwell Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dickinson Dodson Dorminy Douglas Egan Ellis
Evans Fallin Farmer 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 Hawes Henderson Higginbotham Hill, G. Holder Hood
Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen

720
Keyton Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Milford Moate Moore

JOURNAL OP THE HOUSE,

Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Parker, H. W. Peters Peterson Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach Rush Russell Salem Scarlett

Shanahan Shepherd Simkins Sims Smith, J. R. Sorrells Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those voting in the negative were Messrs.:

Alexander Bond Bray Brown, B. D. Conger Daugherty Ezzard

Griffin Hill, B. L. Housley Jordan, G. Knowles Kreeger Miles

Murphy Paris Phillips, W. R. Ross Scarborough Thomason

Those not voting were Messrs.:

Brooks Caldwell Clarke Collier Collins, M. Cook Dean, J. E. DeLong Dent Dixon Edwards

Farrar Hale Hamilton Harris, J. P. Lambert Marcus McCracken Melton Miller Odom Parker, C. A.

Patterson Phillips, G. S. Rowland Sherman Simmons Smith, V. T. Snow Sweat Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 20.

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

WEDNESDAY, JANUARY 28, 1970

721

SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th and many others:

A RESOLUTION

Proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to levy an annual tax upon each auto mobile licensed to operate in said county, in an amount not to exceed $5.00 for each such automobile; to provide that the payment of such tax shall be evidenced by a stamp or decal to be affixed to the windshield of said car and to be issued when the license tag on such automobile is obtained; to provide for the use of the proceeds of said tax; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 7, Section 7 of the Constitution, as amended, is further amended by adding to the end of said Section the following language:

"Notwithstanding any other provision of this Constitution, Ful ton County is authorized to levy an annual tax upon each automobile licensed to operate in said county, in an amount not to exceed $5.00 for each such automobile. The payment of such tax shall be evi denced by a stamp or decal to be affixed to the windshield of said car, and to be issued when the license tag on such automobile is obtained. The proceeds from the levy of such tax shall be used exclusively for the planning and construction of roads and bridges and other public transportation facilities in both the incorporated and unincorporated areas of such county."

Section 2. When the above proposed amendment to the Constitu tion 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 there on, such proposed amendment shall be published and submitted as pro vided 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:

"For ratification of amendment to the Constitution of Georgia, authorizing Fulton County to levy an annual tax not to exceed $5.00 of each automobile licensed in said county."

"Against ratification of amendment to the Constitution of Geor gia, authorizing Fulton County to levy an annual tax not to exceed $5.00 on each automobile licensed in said county."

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

722

JOURNAL OP THE HOUSE,

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 this proclamation thereon.

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend SR 73 by striking the period and quotation mark at the end of Section one and adding
"; provided that no less than two-thirds of the proceeds from such tax shall be expended on roads, bridges and other facilities in the corporate limits of the City of Atlanta."

The report of the Committee, which was favorable to the adoption of the Resolution, 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 Anderson Atherton 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 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 Dodson Dorminy Douglas Egan Ellis Evans Ezzard Pallin Felton Ployd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves

WEDNESDAY, JANUARY 28, 1970

723

Griffin Gunter Hadaway Hamilton 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. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J.

Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate 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 Poole Potts Rainey Roach Ross Rush Russell Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Thompson, A. W. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs:

Ballard DeLong Dixon Edwards Farmer Farrar Floyd, J. H. Hale Harris, J. R. Hill, G.

Jones, C. M. Lambert Lewis Longino Mason McCracken Miller Nash Pickard Reaves

Rowland Salem Scarborough Smith, V. T. Sorrells Sweat Thomason Thompson, R. Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted, as amended.

724

JOURNAL OF THE HOUSE,

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Funk of the 92nd, Moore of the 6th, Roach of the 10th, Sims of the 106th, Sweat of the 65th and many others:
A Bill to be entitled an Act to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations, etc., to provide for all matters connected with the foregoing; and for other purposes.

The following Committee substitute was read:
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 prop erty owned by the State and certain public corporations; to provide for certain definitions; to provide certain requirements relating to the acqui sition or disposition of real property by the State or any department or agency thereof; to provide for the filing with the Secretary of State of a copy of all conveyances involving Regents of the University System of Georgia; to authorize the Secretary of State to devise certain forms and to promulgate 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 prop erty 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-of-way owned by the State Highway Department of Georgia. The words 'real property' shall also mean real prop erty owned by the following public corporations: The Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Build ing Authority (Penal), the Georgia Education Authority (Uni versity), the Georgia Ports Authority, the Jekyll Island State Park Authority, the Stone Mountain Memorial Association, and Regents of the University System of Georgia.

WEDNESDAY, JANUARY 28, 1970

725

"(b) The word 'department' shall mean any State official, department, board, bureau, commission or other State agency having real property under its jurisdiction.

"(c) The words 'public corporation' shall mean the public authorities listed in subsection (a) above, the Stone Mountain Memorial Association, and Regents of the University System of Georgia.

"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 depart ments and public corporations:

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 the Clerk, Superior Court_______________ County (a) Deed Book______ Folio_______. (b) Plat or Map Book______ Folio._________
7. Location of property: County__________City--..._______._ Street address, if applicable, and if not, brief directions to property

8. 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 ( ).

726

JOURNAL OF THE HOUSE,

9. 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 exe
cuted: (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 ___--_________________________-
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 Sec tion shall be completed by not later than January 1, 1970, and shall be maintained current at all times thereafter. Immediately upon the completion of said inventory, it shall be the duty of each department and public 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 inventories into a single complete inventory of all real property, but the Secre tary 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 docu ment, as provided in subsection (c) below, completed by such department or public corporation in maintaining the inventory of such department current, and the Secretary of State shall

WEDNESDAY, JANUARY 28, 1970

727

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 documents as directed by the Secretary of State.

"(d) The real property inventory form provided in sub section (a) of this Section shall be completed for each parcel of real property hereafter acquired by each department and public corporation. Said form shall be completed within 30 days after the acquisition of any real property, and a dupli cate of same shall be forwarded to the Secretary of State.

"91-430A. Requirements Relating to the Acquisition and Dis position 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 proper ty 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-of-way and other real property owned by the State Highway Department of Georgia pursuant to the provisions of Code Section 95-1715 of the Code of Georgia of 1933 as said Section was amended prior to July 1, 1969. Also expressly ex cluded from the meaning of 'real property' as used in this Sec tion is all real property owned by the following public cor porations: the Georgia Building Authority, the Georgia Build ing Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Geor gia Education Authority (University), the Georgia Ports Au thority, the Jekyll Island State Park Authority, the Stone Mountain Memorial Association, and Regents of the University System of Georgia.
"(2) The word 'department' shall mean any State official, department, board, bureau, commission or other State agency having real property under its jurisdiction.
"(b) All real property, the ownership of which is either acquired or disposed of by the State or any department there of after July 1, 1969, shall be subject to the following require ments :
"(1) Except as otherwise provided by law and except as otherwise 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

728

JOURNAL OF THE HOUSE,

of Georgia, but the conveyance shall have written or printed thereon the department for which acquired.

"(2) The original of any conveyance acquiring real proper ty shall be filed in the office of Secretary of State before be ing recorded in the office of the clerk of the superior court of the county or counties wherein such real property is lo cated. 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 conveyance and plat recorded in the of fice of the clerk of the superior court of the county or counties wherein such real property is located. Any fees re quired for such recording shall be paid by the department ac quiring 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 Secretary of State and forwarded by him to the depart ment acquiring such 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 ob tain 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
property, except a resolution of the General Assembly, shall be filed in the office of the 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 fil ing, it shall be accompanied by a plat of the real property con veyed, and the Secretary 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 showing 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 con veyance and plat and certificate of the Secretary of State, the purchaser of such real property may then have the same re corded in the office of the clerk of the superior court of the county or counties wherein such real property is located.

"(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 re tain the same as a part of the permanent records of his office.

WEDNESDAY, JANUARY 28, 1970

729

"(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 91-402 and 91-404A.

"91-404A. Acquisition and Disposition of Real Property by Regents of the University System of Georgia, Copy to be Filed with Secretary of State.--A copy of all conveyances for the acquisition or disposition of real property now or hereafter owned or held by Regents of the University System of Georgia shall be filed with the Secretary of State by Regents of the University System of Georgia within thirty (30) days after said conveyance has been recorded in the office of the clerk of the superior court in the county in which the land is located. When real property is acquired by Regents of the University System of Georgia by condemnation, the Secretary of State shall be supplied with a certified copy of the Court Order vesting title in Regents of the University System of Georgia.

"91-405A. 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 neces sary 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.

The following amendment to the Committee substitute was read and adopted: Mr. Colwell of the 5th moves to amend HB 626 as follows: By striking from subsection (b) of quoted Section 91-402A of
Section 1 the following: "January 1, 1970"
and inserting in lieu thereof the following: "January 1, 1971".
By striking from the first paragraph of subsection (b) of quoted Section 91-403A of Section 1 the following:
"July 1, 1969" and inserting in lieu thereof the following:
"July 1, 1970".

730

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 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 Carries
Gates 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 Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison

Hawes Henderson Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Milford Moate Moore

WEDNESDAY, JANUARY 28, 1970

731

Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston

Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T.

Snow Sorrells
Sweat Thomason Thompson, A. W. Toles Townsend Wamble Ware Westiake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs:

Caldwell Collins, M. DeLong Farmer Pelton Hale Higginbotham Hill, B. L. Hill, G.

Howell Jones, C. M. Knowles Lambert Longino McCracken Miles Miller Murphy

Parker, C. A. Phillips, G. S. Rowland Scarborough Simkins Thompson, R. Vaughn
Wilson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.

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

Mr. Marcus of the 105th stated that he was in committee meetings when the rolls were called on the following Bills and that he wished to be recorded as voting "aye" on the same: SB 291, HB 1061, HB 228.

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.

732

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 29, 1970

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. William Smith, Pastor, Israel Baptist Church, Atlanta, Georgia:
Lord, Thou hast indeed been bountiful. As we look back over the years, how gracious Thou hast been, how tender Thy mercy, how warm and constant Thy love.
Create within us, our Father, that true gratitude that shall make this day of Thanksgiving one of rededication.
May we, in gratitude, get on with the job of creating not only a nation but a world in which all men shall have the right to seek happiness.
Help us to make that dream come true in our homes day by day, in street and office and school, and so to live that Thou shalt be able to bless us and bless the nation for which we pray. In His name, who created us a nation, we pray. 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 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.

THURSDAY, JANUARY 29, 1970

733

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.

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1305. By Messrs. Bohannon of the 20th, Knowles of the 22nd, Phillips of the 38th, Patterson of the 20th, Poole of the 10th, Wheeler of the 18th and others:
A Bill to be entitled an Act to amend Code Section 24-1716, relating to the fees to be paid to the ordinaries for certain of their services, so as to change certain of the fees contained therein; and for other purposes.
Referred to the Committee on State of Republic.
HB 1306. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act protecting the public health by providing for premarital examinations for syphilis, so as to provide that in counties with populations of not less than 21,000 nor more 21,900, such premarital examinations shall be conducted only by designated employees of the county health department; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1307. By Mr. Hill of the 94th:
A Bill to be entitled an Act to amend an Act authorizing a stenographer to be present with the grand juries of counties with population of not less than 150,000 so as to require that a stenographer be present with the grand juries of such counties while any witness is being examined, and to require that the stenographer take and transcribe the testimony; and for other purposes.
Referred to the Committee on Judiciary.
HB 1308. By Mr. Scarlett of the 67th:
A Bill to be entitled an Act to amend Code Section 27-210, relating

734

JOURNAL OF THE HOUSE,

to diligence of officer arresting, so as to change the provisions relative to notifying the accused as to when and where the commitment hearing is to be held; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1309. By Mr. Hill of the 94th: A Bill to be entitled an Act to amend Code Section 84-410.1, relating to the provisions applicable to apprentices and the supervision of students learning the occupation of barbering, so as to provide that a barber shop may have two apprentices; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 1310. By Mr. Douglas of the 42nd: A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HR 644-1310. By Mr. Moate of the 28th: A Resolution compensating Mrs. Sam Gray; and for other purposes.
Referred to the Committee on Appropriations.

HR 645-1310. By Mr. Westlake of the 75th: A Resolution compensating Mr. T. L. Phillips; and for other purposes.
Referred to the Committee on Appropriations.

HR 646-1310. By Messrs, Peters of the 2nd, Snow and Crowe of the 1st:
A Resolution urging that the famous steam locomotive known as the General be placed in the Chickamauga National Military Park at Chickamauga, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 647-1310. By Mr. Scarlett of the 67th:
A Resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the power of taxation for water and sewer purposes and to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, JANUARY 29, 1970

735

HR 648-1310. By Mr. Scarlett of the 67th:
A Resolution proposing an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Improvement Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1311. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to change the terms of the Superior Court of Long County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1312. By Messrs. McDaniell, Henderson, Burruss and Kreeger of the 117th, Williams of the llth and Games of the 104th:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles, so as to change the fee prescribed for tag agents for their services in accepting applications for the registra tion and sale of motor vehicle license plates; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 649-1312. By Messrs. McDaniell of the 117th, Keyton of the 70th, Felton of the 95th and Buck of the 84th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may exempt the owner of stocks and bonds from the payment of all ad valorem taxes thereon up to a value of $25,000, if the rate of taxation therefor exceeds or equals $1.50 per $1,000 of value; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1313. By Messrs. Edwards of the 45th and Parker of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for additional requirements for certification; and for other purposes.
Referred to the Committee on Education.

HB 1314. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to provide that the District Attorney whose circuit includes the county in which the seizure was made, rather than the Director of the State Game and Fish Commission, shall bring all in rem proceedings relating to night deer hunting; and for other purposes.
Referred to the Committee on Game and Fish.

736

JOURNAL OF THE HOUSE,

HR 650-1314. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to provide that the civil rights of each person in this State who has had his civil rights removed shall be restored, as a matter of course, after such person has without mishap served 3 years of probation or parole; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 651-1314. By Messrs. Wood, Williams and Cooper of the llth:
A Resolution proposing an amendment to the Constitution, so as to em power the Board of Commissioners of Hall County, for regulatory and revenue purposes to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation and for other purposes.
Referred to the Committee on Local Affairs.

HB 1315. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the Board are elected; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1316. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1317. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not ex ceed $1,200 per year and for other purposes.
Referred to the Committee on Local Affairs.

HB 1318. By Mr. Atherton of the 17th:
A Bill to be entitled an Act to authorize certain counties and municipali ties to levy and impose certain excise taxes; and for other purposes.
Referred to the Committee on Ways and Means.

THURSDAY, JANUARY 29, 1970

737

HB 1319. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to reduce, over a 3-year period, the per centage of the Equalized Adjusted School Property Tax Digest which is used in calculating the financial ability of the independent school systems to raise funds in support of the Minimum Foundation Program; and for other purposes.
Referred to the Committee on Education.

HB 1320. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", so as to delete from the terms "Retail sales" and "sale at retail" tangible personal property which is used in or is a part of any facility which has been installed or constructed for the primary purpose of reducing air and water pollu tion; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1321. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st, Wamble of the 69th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the provisions relating to credits and exemptions of hospitals and hospital authorities; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st and Wamble of the 69th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; and for other purposes.
Referred to the Committee on Ways and Means.

HR 652-1322. By Messrs. Adams of the 100th, Lane of the 101st, Geisinger of the 72nd and Bostick of the 63rd:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of one member from each congressional district in the State to the State Personnel Board; and for other purposes.
Referred to the Committee on Judiciary.

738

JOURNAL OP THE HOUSE,

HR 653-1322. By Mr. Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may exempt the owner of stocks and bonds from the payment of up to $5.00 of the intangible tax due there on; and for other purposes.
Referred to the Committee on Ways and Means.

HR 654-1322. By Messrs. McDaniell, Burruss, Kreeger, Henderson, Wilson and Housley of the 117th, and Chandler of the 34th:
A Resolution proposing an amendment to the Constitution so as to pro vide that when zoning powers shall be granted to the governing au thority of a municipality or county, such powers may be delegated to a planning commission; and for other purposes.
Referred to the Committee on Judiciary.

HB 1323. By Messrs. Wamble of the 69th, Keyton of the 79th and Snow of the 1st:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United States of America; the State of Georgia, or any other county or municipality of this State; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Bill to be entitled an Act to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which shall be designated, entitled and known as Section 91-104A.-2 "Procedure that shall be followed by the State Properties Control Com mission when the commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any land and all property not in cluded within the definitions of property as defined in Section 91-102A"; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Bill to be entitled an Act to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which said new section shall be designated, entitled and known as Section 91-104A.-1 "Additional Discretionary Powers of the State Properties Control Commission"; and for other purposes.
Referred to the Committee on State Institutions & Property.

THURSDAY, JANUARY 29, 1970

739

HB 1326. By Messrs. Moore of the 6th and McClatchey of the 113th:
A Bill to be entitled an Act to authorize and direct county boards of education and county school superintendents to accept, adopt and with hold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other purposes.
Referred to the Committee on Education.

HR 655-1326. By Messrs. Murphy of the 19th and Chandler of the 34th:
A Resolution authorizing and directing the State Properties Control Commission to amend the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. lease dated December 26, 1950; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, so licitors, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Judiciary.

HB 1328. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1329. By Mr. Lee of the 61st:
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 delete the provisions relating to sugar used as food for honey bees kept for the commercial production of honey beeswax and honey bees; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1330. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Stephens County, so as to delete therefrom the re-

740

JOURNAL OF THE HOUSE,

quirement that one of the members of the board be selected as clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1331. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County on an annual salary, so as to change the compensa tion of the sheriff, his deputies and his clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1332. By Mr. Moore of the 6th:
A Bill to be entitled an Act to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commis sions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1333. By Mr. Moore of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Stephens County, known as the fee system, to pro vide in lieu thereof annual salary for such officer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1334. By Mr. Moore of the 6th:
A Bill to be entitled an Act to provide for the election of members of the Stephens County Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

HR 656-1334. By Messrs. Bell of the 73rd, Barber of the 15th, Gary of the 21st, Games of the 104th, Collins of the 72nd, Floyd of the 75th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county of this State may levy and collect a tax on multi-family residential rental units located within said county not to exceed 2% of the total amount collected as rent; and for other purposes.
Referred to the Committee on Ways and Means.

THURSDAY, JANUARY 29, 1970

741

HB 1335. By Messrs. Lane of the 101st and Hudson of the 48th:
A Bill to be entitled an Act to amend Code Chapter 26-28, relating to malicious mischief offenses so as to provide for the crime of falsely ac cusing a law enforcement officer; and for other purposes.
Referred to the Committee on Judiciary.

HB 1336. By Messrs. Geisinger and Collins of the 72nd, Hawes and Horton of the 95th, Snow of the 1st, Bell of the 73rd and Farmer of the 16th:
A Bill to be entitled an Act to amend an Act prescribing rates for taxation of certain property classified for taxation as tangible property, so as to exempt certain tangible property from ad valorem taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HR 657-1336. By Messrs. Geisinger and Collins of the 72nd, Hawes and Horton of the 95th, Snow of the 1st, Bell of the 73rd and Farmer of the 16th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to exempt money and interests in patent rights, copyrights, accounts receivable and all notes, except notes se cured by an interest in real estate which fall due more than 3 years from the date thereof or 3 years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State; and for other purposes.
Referred to the Committee on Ways and Means.

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

HB 1272. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other purposes.
HB 1273. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compen sation of the sheriff and deputy sheriffs; to authorize the sheriff to appoint four deputies; and for other purposes.
HB 1274. By Mr. Hargrett of the 58th: A Bill to be entitled an Act relating to the Board of Regents and the

742

JOURNAL OF THE HOUSE,

State Board of Education; providing for rules and regulations to govern approval of student groups that wish to use the facilities of the State university system or of a junior college; and for other
purposes.

HB 1275. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act making it unlawful for any person to will fully interfere with any fireman, policeman or other peace officer in the lawful discharge of his duties or with any doctor, nurse or am bulance attendant while on emergency calls; and for other purposes.

HB 1276. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to void any contract of sale, or sale of Georgia real estate to any person representing, or who is a member of any organization which advocates separation from the existing sovereign state or national governments; and for other purposes.

HB 1277. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Georgia Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to provide that it shall be a felony for any person to intentionally fire or discharge a gun, pistol, rifle or shotgun or other firearm, at or into a house; and for other purposes.
HB 1278. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to make it unlawful for any person, with a malicious or mischievous intent, to trespass upon the property of an other, whether private, business or public property; and for other purposes.

HB 1279. By Mr. Hargrett of the 58h:
A Bill to be entitled an Act granting to each municipality the power to provide services of its law enforcement officers to other such munici palities under stated conditions; and for other purposes.

HB 1280. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Part XXX of Title 22 of the Code of Georgia, entitled "Crimes" which is contained in Part IV of said Title, so as to provide that it shall be illegal for any corpora tion incorporated under the laws of, or doing business in this State to make or authorize any contributions from corporate funds to cam paign funds or for political purposes, in any election or primary

THURSDAY, JANUARY 29, 1970

743

election held in this State for the purpose of influence; and for other purposes.

HB 1281. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act granting to the Governor or the governing authority of any city or town the power, under stated conditions, to declare a state of emergency and for other purposes.

HB 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th, Bray of the 31st, Nunn of the 41st, Marcus of the 105th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturdays; to provide that the Department may close its facilities on any Monday if it so chooses; and for other purposes.

HB 1283. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system of com pensation, so as to change the compensation of the sheriff and his deputy, and to change his car allowance; and for other purposes.

HB 1284. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide that each District Attorney shall be authorized to appoint an Assistant District Attorney to assist him in the discharge of official duties and responsibilities of such Assistant District Attorney; and for other purposes.

HB 1285. By Mr. Roach of the 10th:
A Bill to be entitled an Act to amend Code Section 38-415, relating to the right Of a defendant in a criminal case to testify or make a state ment in his own behalf, so as to provide that the defendant shall be competent, but not compellable to testify in his own behalf; and for other purposes.

HB 1286. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide that, in both civil and criminal cases where a jury shall be necessary, the court shall ensure that such procedures are employed in the processes of selecting those jurors who will serve as such during the trial of each case that, at the time a juror shall be struck, it will be impossible for the juror to determine

744

JOURNAL OF THE HOUSE,

and ascertain which party has caused him to be struck; and for other purposes.

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A Bill to be entitled an Act to prohibit the distribution, sale or de livery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat treated glass lenses, plastic lenses or laminated lenses; and for other purposes.

HB 1288. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Chapter 9-2, relating to the admission of attorneys from other States to the Bar of this State, so as to authorize the admission to the Bar of Georgia, without examina tion, certain members of the Bar of another State or the District of Columbia; and for other purposes.

HR 634-1288. By Mr. Hargrett of the 58th:
A Resolution proposing an amendment to the Constitution so as to pro vide that owner-occupied real property owners who send children to private schools may deduct from their ad valorem taxes such amounts as would have been used for educational purposes; and for other purposes.

HR 635-1288. By Mr. Hargrett of the 58th:
A Resolution proposing an amendment to the Constitution so as to provide a ceiling on the total amount of ad valorem millage which may be levied upon real property which is owner occupied; and for other purposes.

HR 636-1288. By Messrs. Colwell of the 5th, Clarke of the 33rd, Paris of the 14th, Poole of the 10th, Dailey of the 53rd, Edwards of the 45th and others.
A Resolution compensating Honorable Howard Simmons; and for other purposes.

HR 637-1288. By Mr. Sorrells of the 24th:
A Resolution designating the District Attorneys Association of Geor gia as the appropriate State agency for the purpose of receiving grants and donations; and for other purposes.

HR 638-1288. By Messrs. Jordan of the 74th and Bell of the 73rd: A Resolution proposing an amendment to the Constitution so as to

THURSDAY, JANUARY 29, 1970

745

authorize any local board of education to levy and collect, a one-time only license fee, not to exceed $100 per bedroom, for each new resi dential home or apartment constructed; and for other purposes.

HR 639-1288. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County, which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; and for other purposes.

HB 1289. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-2720, relating to the authority of the clerks of the superior courts, so as to permit such clerks to deposit Registry of Court funds in interest-bearing ac counts in approved banking institutions; and for other purposes.

HB 1290. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 24-3103 of the Code of Georgia, relating to the compensation of court reporters or stenographers in civil cases, so as to raise the rate to be paid for taking and recording stenographic notes and recording the evidence; and for other purposes.

HR 640-1290. By Messrs. Matthews of the 63rd, Black of the 45th, Dailey of the 53rd, Wheeler of the 57th, Hadaway of the 27th, Reaves of the 71st, and Collins of the 62nd:
A Resolution creating the Hog Cholera Study Committee; and for other purposes.

HR 641-1290. By Mr. Jones of the 59th:
A Resolution authorizing the conveyance of real property located in Liberty County; and for other purposes.

HR 642-1290. By Messrs. Keyton and Russell of the 70th: A Resolution compensating Mr. D. R. Corley; and for other purposes.
HB 1291. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act placing the clerk of the

746

JOURNAL OF THE HOUSE,

superior court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1292. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that whenever the last day prescribed for the exercise of any privilege or the discharge of any duty shall fall on a Saturday, a Sunday, or legal holiday, the period for the exercise of such privileges shall be held the next succeeding day which is not a Saturday or legal holiday; and for other purposes.

HB 1293. By Mr. Rush of the 51st:
A Bill to be entitled an Act to authorize the board of commissioners or other governing authority of each county in this State to provide for the closing of all county offices, one day each week, in addition to closing on Sundays and legal holidays, and also for closing such offices on days designated by the board of commissioners or other governing authority as a special day of mourning, celebration or rest; and for other purposes.

HB 1294. By Mr. Shanahan of the 8th:
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 Gordon, so as to change the compensation of the said commissioner; and for other purposes.

HB 1295. By Messrs. Carnes of the 104th, Lane of the 101st, Gates of the 95th, Longino of the 98th and others:
A Bill to be entitled an Act to create the South Fulton Coliseum Authority; and for other purposes.

HB 1296. By Messrs. Salem and Lewis of the 50th:
A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to change the method of determining the financial ability of each local unit of administration; and for other purposes.

HB 1297. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Floyd of the 75th, Miller of the 83rd, Battle of the 90th and others:
A Bill to be entitled an Act to regulate the bail bond business in the

THURSDAY, JANUARY 29, 1970

747

State of Georgia; to provide for a short title; to provide for definitions; to provide for the powers and duties of the State Insurance Com missioner; to provide for license fees; and for other purposes.

HB 1298. By Messrs. Smith and Cole of the 3rd:
A Bill to be entitled an Act to create the Legislative Commission on Administrative Procedure; and for other purposes.

HB 1299. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month to $20.00 per month; and for other purposes.

HB 1300. By Messrs. Westlake, Davis and Floyd of the 75th, Davis of the 86th and Collins of the 72nd:
A Bill to be entitled an Act to confer upon the chairman of any committee of the General Assembly the power to compel the attendance of witnesses, require the production of documents and compel the giving of evidence under oath before his committee; and for other purposes.

HR 643-1300. By Mr. Grahl of the 40th:
A Resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Library of the Superior Court of Peach County; and for other purposes.

HB 1301. By Mr. Conger of the 68th:
A Bill to be entitled an Act to reenact Section 13 of an Act approved March 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, main tain and operate at any of the seaports of this state, terminal facilities of all kinds; and for other purposes.

HB 1302. 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 authorize counties to levy a local retail tax; to authorize municipalities to levy such tax under certain circumstances; and for other purposes.

748

JOURNAL OP THE HOUSE,

HB 1303. By Messrs. Wheeler of the 18th, Graves of the 9th, Mauldin of the 12th, Smith of the 3rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the State Board of Dispensing Opticians, and providing the authority, duties, powers and jurisdiction of said Board; and for other purposes.

HB 1304. By Messrs. 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, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.

SB 328. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide that certain slow-moving vehicles and equipment operated upon the public roads of this State shall be required to display certain warning devices; and for other purposes.

SB 332. By Senators Smalley of the 28th, Bateman of the 27th, and Hill of the 29th:
A Bill to be entitled an Act to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Georgia radio station a fee or other recompense for broadcasting a play-by-play or other description of any high school athletic event; and for other purposes.

SB 356. By Senators Hensley of the 33rd, Smith of the 34th, and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act governing and regulating the Act of the Public Roads and Highways in this State, so as to provide that motor buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed certain width; and for other purposes.

SB 357. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend an Act creating the office of State Highway Board, Chairman, State Highway Board, and Treasurer of the State Highway Department, so as to recreate the Office of the Treasurer of the State Highway Department; to provide for his appointment; and for other purposes.

THURSDAY, JANUARY 29, 1970

749

SB 366. By Senators Plunkett of the 30th and Broun of the 46th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission, and authorizing the Commission to provide for the granting of scholarships to certain students; to pro vide for the terms and conditions governing award and repayment of scholarships; and for other purposes.

SR 218. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture submitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1238. Do Pass by Substitute.
Respectfully submitted, Matthews of 63rd, Chairman.

Mr. Rainey of the 47th District Chairman of the Committee on Game and Pish submitted the following report:

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HR 623-1257. Do Pass.

Respectfully submitted, Rainey of the 47th, Chairman.

750

JOURNAL OF THE HOUSE,

Mr. Vaughn of the 74th District. Chairman of the Committee on Highways submitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 1103. Do Pass.

SB

308. Do Pass by Substitute.

HR 535-1078. Do Pass.

SB

357. Do Pass.

Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Hygiene and Sanitation submitted the following report:

Mr. Speaker:

Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1244. Do Pass. HB 1216. Do Pass. HB 1059. Do Pass by amendment.
Respectfully submitted, Smith of the 3rd, Chairman.

Mr. Lee of the 21st District Chairman of the Committee on Industrial Relations submitted the following report:

THURSDAY, JANUARY 29, 1970

751

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the fol lowing Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 695. Do Pass. HB 847. Do Pass. HB 1019. Do Pass. HB 1166. Do Pass.
Respectfully submitted, Lee of the 21st, Chairman.

Mr. Mac Pickard of the 84th District, 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 to report same back to the House with the following recommendations:

SB

212. Do Pass.

HR 521-1072. Do Pass.

HR 560-1142. Do Pass.

HR 561-1147. Do Pass.

HB 1091. Do Pass by Substitute.

HB 1210. Do Pass by Substitute.

HB 1143. Do Pass.

HB 1144. Do Pass.

HB 1145. Do Pass.

HB 1146. Do Pass.

HB 1147. Do Pass.

Respectfully submitted, Pickard of the 84th, Chairman.

752

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1128. Do Pass as amended.
Respectfully submitted, Harris of the 77th, Chairman.

Mr. Edwards of the 45th District Chairman of the Committee on Natural Resources submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1033. Do Pass by Substitute.
HB 1237. Do Pass.
Respectfully submitted, Edwards of the 45th, Chairman.

Mr. McClatchey of the 113th District Chairman of the Committee on Special Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

THURSDAY, JANUARY 29, 1970

753

HB 1060. Do Pass by Substitute.

SB

88. Do Pass as Amended.

HB 1051. Do Pass.

HR 637-1288. Do Pass.

HR 265- 805. Do Pass.

Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Chandler of the 34th District 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 of the Senate and has instructed me to report same back to the House with the following recommendations:

SB 333. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

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 and Senate, to-wit:

SB 301. By Senator Kidd of the 25th: A Bill to amend an Act designating public and legal holidays in the

754

JOURNAL OF THE HOUSE,

State of Georgia, etc; so as to change the time for observing certain holidays, etc; to repeal conflicting laws; and for other purposes.

HB 610. By Mr. Jones of the 59th:
A Bill to amend Chapter 93-4, so as to provide authority and power for the Georgia Public Service Commission to enjoin any and all violations of the rules, orders and regulations for the safe installation and operation of all natural, gas transmission and distribution facilities within this State; and for other purposes.

SR 205. By Senator Kidd of the 25th:
A Resolution to amend a Resolution creating the Uniform Consumer Credit Code Study Committee; and for other purposes.

SR 224. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.

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

SR 205. By Senator Kidd of the 25th:
A Resolution to amend a Resolution creating the Uniform Consumer Credit Code Study Committee; and for other purposes. Referred to the Committee on Rules.

SR 224. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

SB 301. 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, so as to change the time for observing certain holidays; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, JANUARY 29, 1970

755

By unanimous consent, the following Resolution of the House was with drawn from the Committee on Ways and Means and referred to the Committee on Agriculture:

HR 519-1042. By Mr. Parker of the 46th:
A Resolution proposing an amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded ware houses, regardless of ownership from all ad valorem taxation; and for other purposes.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 1092. By Messrs. Snow of the 1st, Thomason of the 77th, Harris of the 67th, Kreeger of the 117th, Crowe of the 1st, Peters of the 2nd and many others:
A Bill to be entitled an Act to amend Code Section 29-101, relating to requisites of a deed to lands, so as to change the number and qualifica tions of witnesses needed for the attestation of a deed; 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
Bell Bennett
Black Blalock Bond Bostick
Bowen
Brantley, H. L. Bray
Brown, B. D.

Burruss Caldwell Games Cates Chandler Clarke
Cole Collier
Collins, M. Collins, S. Colwell Conner
Cook
Cooper Crowe
Dailey

Daugherty Davis, E. T. Davis, W. DeLong Dent Dodson
Evans Ezzard
Felton Floyd, J. H. Floyd, L. R. Funk
Gary
Geisinger Grahl
Graves

756

JOURNAL OF THE HOUSE,

Hadaway Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Hill, G. Hood Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, H. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)

Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Moate Moore Morris Mullinax
Nash Nessmith Northcutt Peters Phillips, L. L. Phillips, W. R. Pickard

Reaves Ross Rush Russell Scarlett Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Dean, J. E. Douglas Gaynor

Gignilliat Hill, B. L. Jones, M.

Paris Parker, H. W.

Those not voting were Messrs.:

Alexander Battle Berry Bohannon Brantley, H. H. Brooks Brown, C. Buck Busbee Conger Connell Dean, N. Dickinson Dixon Dorminy Edwards Egan Ellis Fallin Farmer Farrar

Griffin Gunter Hale Hamilton Hargrett Hawes Higginbotham Holder H orton Knapp Lane, W. J. Lewis Matthews, D. R. McCracken Merritt Miller Murphy Nunn Odom Pafford Parker, C. A.

Patterson Peterson Phillips, G. S. Pinkston Poole Potts Rainey Roach Rowland Salem Scarborough Shanahan Simkins Sweat Thomason Thompson, A. W. Thompson, R. Vaughn Mr.' Speaker

THURSDAY, JANUARY 29, 1970

757

On the passage of the Bill, the ayes were 126, nays 8.

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

Mrs. Merritt of the 64th wished to be recorded as voting "aye" on the pas sage of HB 1092.

Mr. Hargrett of the 58th wished to be recorded as voting "aye" on the passage of HB 1092.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Judiciary for further study:

HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th, Busbee of the 61st, Jones of the 59th, Sorrells of the 24th, Vaughn of the 74th, and Hale of the 1st:
A Bill to be entitled an Act reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A Bill to implement the provisions of the Federal Intergovernmental Cooperation Act of 1968 etc.; to change the name of the State Plan ning and Programming Bureau; and for other purposes.

The following amendments were read and adopted:
Mr. Murphy of the 19th moves to amend S. B. 298 as follows:
(1) By striking Section 3 (a) and substituting the following Sec tion 3 (a):
"Section 3. (a) The State Planning and Community Affairs Policy Board is hereby created to establish policy and direction con cerning state planning and programming and community affairs for the development of the State's physical, economic and human re sources and to perform such other functions as may be provided by law".

758

JOURNAL OF THE HOUSE,

(2) By adding at the end of Section 10 the following sub-sections:

"(i) To serve as the Governor's representative to local com munities on a routine basis on the request of or on direction from the Governor in matters affecting social, economic, human or busi ness relations matters, and in this capacity, to serve and provide mediation, consultation and fact finding services.

(j) To maintain liaison with and draw upon specialized private agency and business, labor and professional association resources in order to have available additional information and expertise in specific areas of concern.

(k) To coordinate activities with the Department of Housing and Urban Development or its counterparts by whatever name called, at all governmental levels."

Mr. Murphy of the 19th moves to amend HB 298 as follows:

By striking Sub-Section (b) of Section 3 and inserting in lieu thereof the following sub-section 3 (b) :

(b) The State Planning and Community Affairs Policy Board shall consist of the Governor, who shall serve as its Chairman; five members appointed by the Governor one of which shall be an of ficial of the Georgia Municipal Association and one of which shall be an official of the County Commissioners' Association, and which five members shall serve at his pleasure; the chairman of the House Appropriations Committee; the Chairman of the Senate Appropria tions Committee; the Chairman of the House Committee on Com munity Affairs when formed or designated or if not formed or designated such other committee chairmen as designated by the Speaker of the House; the Chairman of the Senate Community Af fairs when formed or if not formed such other committee chairmen as designated by the Lt. Governor; one member appointed by the State Advisory Committee on Area Planning and Development, who shall serve at the pleasure of said committee. The State Planning and Community Affairs Officer shall be an ex officio, non voting member of the Board and shall serve as its Secretary.
Mr. Levitas of the 77th moves to amend SB 298 as follows:
By adding a new subsection at the end of Section 3 to be designated subsection (c) and to read as follows:
"(c) Each member of the Board who is not a State official or employee shall receive $25.00 for each meeting of the Board at tended by said member and shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties as a member of the Board. Members of the Board, other than legislators, who are State officials or employees shall not re ceive any compensation for serving on the Board but shall be reimbursed for actual and necessary expenses incurred by them in

THURSDAY, JANUARY 29, 1970

759

carrying out their official duties as members of the Board. The legislative members of the Board shall receive the expenses and allowances provided by law for members of legislative interim com mittees for each meeting attended by such members, and such ex penses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of government."

Mr. Levitas of the 77th moves to amend SB 298 by adding a new section to be numbered Section 18 to read as follows:

"Nothing in this Act shall be construed to limit the powers of any unit of local government."

and to renumber the remaining sections 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 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 Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Chandler Clarke
Colwell Conger

Connell Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Funk Gary Gaynor Geisinger Gignilliat Grahl
Graves

Griffin Hadaway Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, W. J.

760
Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mauldin McClatchey McDaniell Merritt Miles Milford Moate Mullinax Murphy Nash Nunn Odom Pafford Paris

JOURNAL OF THE HOUSE,

Parker, C. A. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Rainey Reaves Roach Ross Rush
Russell Salem Scarborough Scarlett Shanahan 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. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Anderson Bohannon Cole Collier Collins, M. Collins, S.
Cooper

Floyd, L. R. Harris, J. F. Harrison Jordan, G. Keen Lane, Dick Leonard

Moore Northcutt Potts Simkins Wilkerson

Those not voting were Messrs.:

Bray Brooks Caldwell Conner Dean, J. E. Dean, N. DeLong
Fallin Floyd, J. H. Gunter Hale

Holder Hood
Knapp Mason Matthews, C. Matthews, D. R. Maxwell McCracken Melton Miller Morris

Nessmith Parker, H. W. Peterson Pinkston Rowland Shepherd Smith, J. R. Townsend Mr. Speaker

On the passage of the Bill, as amended, the ayes were 145, nays 19.

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

THURSDAY, JANUARY 29, 1970

761

Mr. Hargrett of the 58th stated that he had voted under misapprehension on SB 298 as amended, and intended to vote nay.

HB 406. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the description of the State Flag of Georgia; and for other purposes.

Mr. Williams of the llth moved that HB 406 be indefinitely postponed.

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

Those voting in the affirmative were Messrs.

Adams Atherton Berry Blalock Bohannon Bostick Brantley, H. L. Burruss
Gates Clarke Cole Collins, M. Colwell
Crowe Davis, E. T. Dickinson Fallin Floyd, L. R. Gignilliat Graves Hadaway Harrington Harris, J. F. Henderson Hill, G.

Holder Housley Howell Hudson Hutchinson Jones, Herb Jordan, G. Jordan, H. S. Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Leonard Mauldin McClatchey McDaniell Miles Milford Morris Mullinax Murphy Nessmith Pafford

Parker, C. A. Parker, H. W. Peters Potts Reaves Roach Ross Rush Scarlett Simkins Simmons Sims Snow Sorrells Thompson, R. Ware Whaley Wheeler, Bobby Wilkerson Winkles Williams
Wilson Wood

Those voting in the negative were Messrs.:

Alexander Barber Bennett Bond Brown, B. D.

Brown, C. Buck Collier Conger Cook

Cooper Dailey Daugherty Davis, W. Dean, J. E.

762
Dixon Dodson Douglas Edwards Egan Evans Ezzard Farmer Farrar Felton Gaynor Geisinger Grahl Griffin

JOURNAL OF THE HOUSE,

Hamilton Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Horton Jones, C. M. Jones, M. Knowles Le vitas Lewis Lowrey Marcus

Maxwell Merritt Nunn Odom Patterson Peterson Pickard Salem Scarborough Shanahan Thomason Townsend

Those not voting were Messrs.:

Anderson Ballard Barfield Battle Bell Black Bowen Brantley, H. H. Bray Brooks Busbee Caldwell Games Chandler Collins, S. Connell Conner Dean, N. DeLong Dent Dorminy Ellis Floyd, J, H.

Funk Gary Gunter Hale Hargrett Harrison Hood Johnson Joiner Keen Knapp Lee, W. J. (Bill) Longino Mason Matthews, C. Matthews, D. R. McCracken Melton Miller Moate Moore Nash Northcutt

Paris Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Rainey Rowland Russell Shepherd Sherman Smith, J. R. Smith, V. T. Sweat Thompson, A. W. Toles Vaughn Wamble Westlake Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 73, nays 55.

The motion prevailed and HB 406 was indefinitely postponed.

Mr. Davis of the 75th stated he had voted under misapprehension and wished to be recorded as voting "aye".

THURSDAY, JANUARY 29, 1970

763

SR 86. By Senators Bateman of the 27th, Gillis of the 20th, and Plunkett of the 30th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholarships to citi zens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:

The General Assembly is authorized to provide by law for grants or scholarships to citizens of Georgia who are students at tending colleges or universities in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes."

Section 2. When the above proposed amendment to the Constitu tion 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 Constitu tion 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 by law for grants
NO ( ) or scholarships to citizens of Georgia who are stu dents attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes?"

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

764

JOURNAL OF THE HOUSE,

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 Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Burruss Busbee Caldwell Games Gates Chandler Clarke 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 Dodson Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Griffin Hadaway Hamilton Harris, J. R. Harris, R. W. Harrison 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 Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax

THURSDAY, JANUARY 29, 1970

765

Murphy Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves

Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow

Thompson, B. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Berry Brooks Brown, C. Buck Connell DeLong Dickinson Dixon Dorminy Gaynor Gunter Hale Hargrett

Harrington Harris, J. F. Hawes Jones, C. M. Knapp Lambert Lane, W. J. Lewis Mason Matthews, D. R. McCracken Miller Nash

Nunn Patterson Peterson Pickard Pinkston Rainey Rowland Salem Sorrells Sweat Thomason Thompson, A. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

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

Mr. Hargrett of the 58th wished to be recorded as voting "aye" on the adoption of SR 86.

HR 544-1101. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture, furnishings, equip ment and other personal property used within the home, tools and imple-

766

JOURNAL OF THE HOUSE,

ments of trade of manual laborers, and domestic animals shall be exempt from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:
"All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not includ ing motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.",

and substituting in lieu thereof the following paragraph:

"If not held for sale, rental or other commercial use, personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals shall be exempt from all ad valorem taxation."
Section 2. The above proposed amendment to the Constitution 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 exempt personal clothing and effects, household furni-
NO ( ) ture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote 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 following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HR 544-1101 as follows:

THURSDAY, JANUARY 29, 1970

767

By inserting on line 3 a comma after the word

"equipment"

and adding the word "appliances";

and by striking the following words from lines 4 and 5:
"tools and implements of trade of manual laborers, and do mestic animals"
and by inserting a comma after the word "equipment"

on line 24 and adding the word
"appliances"
and by striking the following words from lines 25 and 26:
"tools and implements of trade of manual laborers, and domestic animals"

and by adding after the period on line 27 the following:

"tools and implements of trade of manual laborers and domestic animals are exempt from State, county, municipal and school dis trict ad valorem taxes, in an amount not to exceed $300.00 in actual value."

--and make the language of the second page comply.

An amendment, offered by Mr. Parker of the 44th, was read and lost.

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:

768

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson
Atherton Barber Barfield Bell
Black Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Busbee Caldwell Games Gates Chandler Clarke Cole Collier Collins, S. Colwell Conger Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dodson Dorminy Douglas Edwards Egan Evans Ezzard Pallin Parrar Felton Floyd, J. H. Floyd, L. R. Funk

Gary Geisinger Grahl
Graves Griffin Hadaway Hamilton Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Milford

Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Bennett Dent Ellis

Gaynor Gignilliat Miles

Simkins

THURSDAY, JANUARY 29, 1970

769

Those not voting were Messrs.:

Ballard Battle
Berry Bohannon Brooks Brown, C. Buck Burruss Collins, M. Connell Cook Dean Dickinson Dixon

Farmer Gunter Hale Hargrett Hill, B. L.
Holder Howell Knapp Lane, W. J. Mason Matthews, D. R. Maxwell McCracken Miller

Nash
Odom Patterson Peterson Phillips, G. S. Pickard Rainey Reaves Rowland Smith, J. R. Sweat Thompson, A. W. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 147, nays 7.

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

Mr. Hargrett of the 58th wished to be recorded as voting "aye" on the adop tion of HR 544-1101, as amended.
HB 1169. By Mr. Dixon of the 65th: A Bill to be entitled an Act to amend Code chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspec tion of honey bee colonies; and for other purposes.
The following amendment was read and adopted:
Mr. Dixon of the 65th moves to amend HB 1169 as follows:
By striking that sentence which begins on line 24 of page one and substituting in lieu thereof the following:
"It will be the duty of any person, firm or corporation not al ready registered as a bee colony owner, to register with the commissioner of agriculture, as a bee colony owner, within 30 days after acquiring a bee colony or colonies of honeybees."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

770

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 108, nays 3.

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

HB 1124. By Mr. Dickinson of the 118th: A Bill to be entitled an Act to impose a tax on mobile homes in all counties with populations of not less than 16,700 nor more than 16,800; and for other purposes.

An amendment, offered by Mr. Blalock of the 30th, 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 Anderson Ballard Barber Barfield Battle Bell Bennett Berry Black Bostick Bowen Brantley, H. L. Bray Brown, C. Buck Busbee Games Gates Cole Collier Collins, M. Collins, S. Colwell Connell Cooper

Crowe Dailey Davis, E. T. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Farmer Floyd, J. H. Floyd, L. R. Gary Gaynor
Geisinger Gignilliat Grahl Graves Hargrett Harrington Harris, J. F.

Harrison Hawes Henderson Hill, G. Holder Hood Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb. Jordan, G. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey

Marcus Matthews, C. Mauldin Maxwell McDaniell Merritt Miles Milford Morris, L. Mullinax Murphy Nash Nessmith Northcutt Nunn
Odom Pafford

THURSDAY, JANUARY 29, 1970

771

Paris Peters Phillips, G. S. Phillips, L. L.
Rainey Roach Ross Rush Russell
Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims

Smith, J. R. Sorrells Sweat Thompson, R.
Toles Town send Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Blalock

Moate

Potts

Those not voting were Messrs.:

Alexander Atherton Bohannon Bond Brantley, H. H. Brooks Brown, B. D. Burruss Caldwell Chandler Clarke Conger Conner Cook Daugherty Davis, W. Dean, J. E. Dean, N. Ezzard Tallin Farrar

Felton Funk
Griffin Gunter Hadaway Hale Hamilton Harris, J. B. Harris, R. W. Higginbotham Hill, B. L. Horton Housley Johnson Jones, M. Jordan, H. S. Knapp Lewis Mason Matthews, D. R. McClatchey

McCracken Melton Miller Moore Parker, C. A. Parker, H. W. Patterson Peterson Phillips, W. R. Pickard Pinkston Poole Reaves Rowland Simmons Smith, V. T. Snow Thomason Thompson, A. W. Westlake Mr. Speaker

On the passage of the Bill the ayes were 129, nays 3.

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

772

JOURNAL OF THE HOUSE,

HR 38-68. By Mr. Alexander of the 108th:

A RESOLUTION
Proposing an amendment to the Constitution, so as to add five mem bers to the State Board of Education; to provide 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 VIII, Section II, Paragraph I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"In addition to the members provided hereinbefore, there shall also be five members of the State Board of Education from the State-at-large who shall be appointed by the Governor by and with the advice and consent of the Senate. The five additional members shall be appointed during the month of June 1971, and they shall take office on July 1, 1971. The original appointments shall be for three, four, five, six and seven-year terms to be designated by the Governor. Thereafter all succeeding appointments shall be for seven-year terms from the expiration of the previous term."

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 pro posed 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 add five NO ( ) members to the State Board of Education?"

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 Para graph of the Constitution, it shall become a part of the Constitution of this State. The returns of the elections shall be made to the Secretary of State, and it shall be his duty to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

THURSDAY, JANUARY 29, 1970

773

The following Committee amendment was read and adopted:

The Committee on Education moves to amend HR 38-68 as fol lows:

1. By adding at the end of the second sentence of the proposed new paragraph in Section 1 a new sentence to read as follows:

"No two of said additional members shall, at the time of their appointment, reside in the same congressional district."

2. By striking the figures "five" in the first two sentences and in serting in lieu thereof the figures "two" in each instance.

3. By striking in the last sentence the words "three, four, five, six and seven year" and substituting in lieu thereof the words "three and seven-year".

Mr. Collins of the 72nd moved that HR 38-68 be indefinitely postponed.

Mr. Games of the 104th moved that HR 38-68 be placed on the table.

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 Barfield Bell Black Blalock Brantley, H. H. Brantley, H. L. Brown, C. Burruss
Carnes Cole Collier Collins, S. Colwell Cooper Crowe Dailey Davis, W. DeLong

Dickinson Dodson Dorminy Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gunter Hadaway Hargrett Harrington
Harris, J. F. Harrison Henderson Higginbotham Hill, G. Holder Housley Hudson Hutchinson

Joiner
Jones, M. Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Marcus Mauldin McDaniell Milford Morris Mullinax Northcutt Nunn Paris Peters

774
Phillips, L. L. Poole Potts Rainey Reaves Roach Ross Rush

JOURNAL OF THE HOUSE,

Salem Scarborough Shanahan Sherman Simkins Simmons Smith, V. T.
Thompson, A. W.

Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wilson

Those voting in the negative were Messrs.

Alexander Barber Bennett Gates Clarke Collins, M. Connell Cook Davis, E. T. Dean, J. E. Dent Dixon Douglas Egan Evans Ezzard

Farmer Felton Gignilliat Grahl Graves Hamilton Harris, J. R.
Hawes Hill, B. L. Hood Jones, C. M. Jones, Herb Jordan, G. Knowles Le vitas Matthews, C.

Merritt Miles Moore Murphy Nessmith Odom Pafford Shepherd Sims Thompson, R. Toles Townsend Whaley Williams Wood

Those not voting were Messrs.:

Ballard Battle Berry Bohannon Bond Bostick Bowen Bray Brooks Brown, B. D. Buck Busbee Caldwell Chandler Conger Conner Daugherty Dean, N. Edwards Ellis Fallin

Farrar Gaynor Griffin Hale Harris, R. W. Horton Howell Johnson Jordan, H. S. Keen Knapp Lewis Lowrey Mason Matthews, D. R. Maxwell McClatchey McCracken Melton Miller Moate

On the motion, the ayes were 86, nays 47.

Nash Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Rowland Russell Scarlett Smith, J. R. Snow Sorrells Sweat Thomason Vaughn Wamble Mr. Speaker

The motion prevailed and HR 38-68 was placed on the table.

THURSDAY, JANUARY 29, 1970

775

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 gasoline used for non-highway 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 111, nays 2.

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

HR 555-1121 By Messrs. Lewis of the 37th and Salem of the 51st:
A RESOLUTION
Relative to local control of public education; and for other purposes.
WHEREAS, the availability of an adequate free public education has been the cornerstone upon which this country has built a flourishing system based upon democratic principles and the free enterprise sys tem of capitalism; and
WHEREAS, recent decisions of the United States Supreme Court have seriously jeopardized the principle of local control over purely local matters in the area of public education; and
WHEREAS, it is the opinion of this body that, in order to maintain an adequate and effective educational opportunity for the citizens of this State, local school administrators should not be unduly hampered in their efforts to deal with the local problems pertaining to their educational systems; and
WHEREAS, recent court decisions have withdrawn from the pur view of local and State governments their ability to legislate effectively in order to maintain local control for local school systems; and
WHEREAS, there is no alternative other than for the United States Congress to recognize the seriousness and the proportions of the problems which face public education brought about by the withdrawal of local control; and
WHEREAS, the President of the United States, because of his position of leadership and eminence, is in a unique position to provide the necessary leadership whereby appropriate legislation may be mar-

776

JOURNAL OF THE HOUSE,

shalled through Congress which would restore local control over local matters to the administrators of the public educational systems of this country.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body respectfully and urgently requests The Honorable Richard M. Nixon, President of the United States, to exert his considerable influences upon the United States Con gress in order to seek the passage of the necessary Federal legislation which will restore to local administrators control over purely local mat ters pertaining to this country's public education systems.

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 The Honorable Richard M. Nixon, President of the United States, and to each and every member of Geor gia's Congressional Delegation.

Mr. Gunter of the 6th moved the previous question.

The motion prevailed and the previous question was ordered.

Mr. Nunn of the 41st moved that HR 555-1121 be placed on the table.

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

Those voting in the affirmative were Messrs.:

Alexander Ballard Barfield Bell Bennett Berry Blalock Bond Bowen
Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee
Games Gates Cole Conger

Connell Cook Cooper Crowe Dailey Daugherty Dean, J. E. Dent Dorminy
Evans Ezzard Fallin Farmer Farrar Floyd, J. H.
Gary Gaynor Geisinger Graves

Griffin Hadaway Hamilton Harrington Harris, J. F. Hawes Hill, B. L. Hood Horton
Housley Hudson Hutchinson Joiner Jones, Herb Jones, M.
Jordan, G. Keen Keyton Knowles

THURSDAY, JANUARY 29, 1970

777

Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Miles Moate Morris Mullinax Nash

Northcutt Nunn Odom Pafford Patterson
Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Ross Rush Scarborough Shanahan Shepherd

Sherman Simkins
Sims Smith, V. T.
Snow Sorrells Thomason Thompson, A. W. Thompson, R.
Toles Wamble Ware Wheeler, Bobby Wilkerson Williams Wood

Those voting in the negative were Messrs.

Barber Battle
Clarke Collins, M. Colwell Davis, E. T. Davis, W. DeLong Dixon Dodson Douglas

Punk
Grahl Gunter Hill, G. Howell Lane, W. J. Leonard Lewis McDaniell Merritt Moore

Murphy Nessmith
Paris Roach Russell
Salem Simmons Sweat Westlake Whaley Wheeler, J. A.

Those not voting were Messrs.:

Adams Anderson Atherton Black Bohannon Bostick Brantley, H. H. Brooks Burruss Caldwell Chandler Collier Collins, S. Conner Dean, N. Dickinson Edwards Egan

Ellis Felton Ployd, L. R. Gignilliat
Hale Hargrett Harris, J. R. Harris, R. W. Har risen Henderson Higginbotham Holder Johnson Jones, C. M. Jordan, H. S. Knapp Mason Matthews, D. R.

McCracken
Melton Milford Miller Parker, C. A. Parker, H. W. Phillips, W. R. Pinkston Reaves Rowland Scarlett Smith, J. R. Townsend Vaughn Winkles Wilson Mr. Speaker

778

JOURNAL OF THE HOUSE,

On the motion, the ayes were 109, nays 33.

The motion prevailed and HR 555-1121 was placed on the table.

Mr. Busbee of the 61st moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

FRIDAY, JANUARY 30, 1970

779

Representative Hall, Atlanta, Georgia Friday, January 30, 1970

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Honorable George D. Busbee, House Majority Leader.

The following prayer was offered by Dr. Robert V. Ozment, Pastor, First United Methodist Church, Atlanta, Georgia:
Gracious Lord, we pause to acknowledge Thee and to ask for Thy Guiding Hand in all our deliberations. Unless the achievements of this day are in harmony with Thy Will, all our labor is in vain. Give us men of wisdom who recognize the needs of this day and the courage to lead us to a more abundant life. Help us to know the difference be tween the good and the best. May the overwhelming majority of this assembly be men of unfaltering integrity, unflagging faith and help all of us to be endowed with a persistent passion to bind up the wounds of a humanity. Forbid that one should use political power for personal gain . . . May we feel the gentle touch of Thy hand upon us and Bless the efforts of this Asembly--We Pray in the Name of Jesus Christ our Lord.

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

Mr. Douglas 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.

780

JOURNAL OF THE HOUSE,

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1337. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide for the suspension from office of persons holding certain State offices; to provide the grounds for sus pension; to create a board to hear and determine charges against an officeholder; and for other purposes.
Referred to the Committee on Judiciary.

HB 1338. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend Code Chapter 32-9, relating to County boards of education, so as to provide for an appeal to the local board of education and State Board of Education for any teacher whose contract has been renewed; and for other purposes.

HB 1339. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act providing sick leave for the teachers of the public schools of this State, so as to provide that up to a maximum of three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; and for other purposes.
Referred to the Committee on Education.

HB 1340. By Messrs. Phillips of the 50th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that in each local school system the pupil-teacher ratio for first grade shall not be allowed to exceed 25 pupils per teacher; and for other purposes.
Referred to the Committee on Education.

HB 1341. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to prohibit theaters in this State from previewing scenes of coming attractions with a higher rating than the movie currently being shown; and for other purposes.
Referred to the Committee on Special Judiciary.

FRIDAY, JANUARY 30, 1970

781

HB 1342. By Messrs. Hargrett of the 58th, Scarlett of the 67th, Douglas of the 42nd, Phillips of the 50th, Salem of the 51st and Harris of the 67th:
A Bill to be entitled an Act to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1343. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms Act; and for other purposes.
Referred to the Committee on Special Judiciary.
Mr. Brown of the 32nd moved that HB 1343 be engrossed.
The motion prevailed and HB 1343 was ordered engrossed.

HB 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of com pensation, so as to change the floors and ceilings on the compensation of the chief deputy, deputies, chief jailer and other jailers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1345. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Carnes of the 104th, Ezzard of the 102th, Shepherd of the 107th and others:
A Bill to be entitled an Act to amend Code Title 88, Georgia Health Code (Ga. Laws 1964, p. 499) as heretofore amended to provide notification by hospital or treatment facility to Ordinary of residence of patient admit ted for treatment and require Ordinary to maintain roster of patients so admitted; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 658-1345. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to empower any or all counties, municipalities and local boards of education to levy and impose any tax, fee or license; and for other purposes.
Referred to the Committee on Ways and Means.

782

JOURNAL OP THE HOUSE,

HR 659-1345. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income; and for other pur poses.
Referred to the Committee on Hygiene and Sanitation.

HR 660-1345. By Mr. Westlake of the 75th, Mrs. Merritt of the 46th and Messrs. Matthews of the 16th and Barber of the 15th:
A Resolution creating the American Revolution Bicentennial Commission of Georgia; and for other purposes.
Referred to the Committee on Industry.

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd:
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 exempt fish feed from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HR 661-1346. By Mr. Lowrey of the 9th:
A Resolution compensating Mr. V. S. Nations; and for other purposes.
Referred to the Committee on Appropriations.
HB 1347. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the salary of each of the deputy sheriffs of Haralson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1348. By Messrs. Hawes of the 95th, Marcus of the 105th, Evans of the 81st, Wilson of the 117th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to delete the requirement that the equalized adjusted school property tax digest of each independent school system located within a county be calculated on the basis of 1331/3% of the county equalized adjusted school property tax digest of all property located within the territory of the independent school sys tem; and for other purposes.
Referred to the Committee on Education.

FRIDAY, JANUARY 30, 1970

783

HB 1349. By Messrs. Phillips of the 50th, Atherton of the 117th, Wamble of the 69th, Wood of the llth and Egan of the 116th:
A Bill to be entitled an Act to amend an Act providing for the levying of an intangible tax, so as to provide that any person, firm or corpora tion who shall fail to file any return or pay any tax required by said Act shall be subject to a penalty of 25% of the tax due or $15.00, which ever shall be greater; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1350. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 26-1503, relating to criminal trespass, so as to provide that a person commits criminal trespass when he knowingly and without authority enters the dwelling house or any other building of another person; and for other purposes.
Referred to the Committee on Judiciary.

HB 1351. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 26-1601, relating to burglary, so as to remove the requirement that a person enter or remain "without authority" in a dwelling house of another or any build ing, vehicle, railroad car, watercraft, or other such structure designed for use as a dwelling of another, in order to commit burglary; to re write said Code Section so as to eliminate any possible misunderstanding of its intent; and for other purposes.
Referred to the Committee on Judiciary.

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 79A-8, or 79A-9, so as to delete all references to Chapters 79A-8 and 79A-9, thus per mitting punishment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; and for other purposes.
Referred to the Committee on Judiciary.

HB 1353. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manu facture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000 and by imprisonment in the penitentiary for not less than two nor more than five years; and for other purposes.
Referred to the Committee on Judiciary.

784

JOURNAL OF THE HOUSE,

HR 662-1353. By Mr. Daugherty of the 109th:
A Resolution proposing an amendment to the Constitution to provide that punishment by death is cruel and unusual punishment and shall not be inflicted upon any person in the State of Georgia; and for other pur poses.
Referred to the Committee on Special Judiciary.

HB 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Section 79A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise, equipment and articles pursuant to said Section, in like manner and authority as the State Board of Pharmacy; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1355. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Section 79A-907, relating to the manufacture, sale, possession, and obtaining by fraud of certain drugs and the keeping of records, so as to provide that all records required to be kept by said Section shall be available to all law enforce ment officials for inspection and copying, whether or not any or all of said law enforcement officials are designated by the State Board of Pharmacy; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1356. By Messrs. Jones of the 87th, Funk of the 92nd, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th:
A Bill to be entitled an Act to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to authorize the board to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a de scription of same; and for other purposes.
Referred to the Committee on Special Judiciary.

FRIDAY, JANUARY 30, 1970

785

HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Bill to be entitled an Act to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective coun ties relative only to endorsement of late motor vehicle tag applications and the penalties and fees in relation thereto and to the collection of all fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances; and for other purposes.
Referred to the Committee on State of Republic.

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th, Jordan of the 55th, Harris of the 77th, Lee of the 61st and others:
A Bill to be entitled an Act to provide for an Assistant District At torney in each Judicial Circuit having more than one Superior Court judge; to provide for his appointment, qualifications, authority and duties; and for other purposes.
Referred to the Committee on Judiciary.

HB 1360. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act 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, and the several Acts amendatory thereof"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1361. By Mr. Egan of the 116th: A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to change the provisions relating to dif ferent voter registration requirements and voting procedures in regard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; and for other purposes.
Referred to the Committee on State of Republic.
HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st: A Bill to be entitled an Act to fix the terms of the Superior Court of Lowndes County; and for other purposes.
Referred to the Committee on Local Affairs.

786

JOURNAL OF THE HOUSE,

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st, Moore of the 6th, Patterson of the 20th, Cooper of the llth, Bennett of the 71st:
A Bill to be entitled an Act to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent; and for other purposes.
Referred to the Committee on Judiciary.

HB 1364. By Mr. Odom of the 61st, Floyd of the 7th and Harrison of the 66th:
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.
Referred to the Committee on Appropriations.

HB 1365. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to provide minimum salaries for the county sheriffs of the State of Georgia, to be paid from county funds; and for other purposes.
Referred to the Committee on State of Republic.

HB 1366. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1367. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1368. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, JANUARY 30, 1970

787

HR 663-1368. By Messrs. Horton, Hawes and Felton of the 95th, Atherton of the 117th, Marcus of the 105th, Brown of the 110th, Farrar of the 77th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create regional metropolitan councils for the purpose of coordinating, supervising and assisting in the planning and development of the area placed under the jurisdiction of the council; and for other purposes.
Referred to the Committee on Industry.

HR 664-1368. By Messrs. Caldwell and Smith of the 39th:
A Resolution to amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.
Referred to the Committee on Local Affairs.

HR 665-1368. By Mr. Ballard of the 23rd:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of said ordinances; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1369. By Messrs. Brown of the 32nd and Smith of the 3rd:
A Bill to be entitled an Act to be known and may be cited as the "Georgia Physical Therapy Act"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 666-1369. By Mrs. Hamilton of the 112th:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly shall provide by law for the consolidation of certain counties of this State with other counties to create new coun ties, and to provide that no State funds shall be paid to certain counties after a certain date; and for other purposes.
Referred to the Committee on Judiciary.

HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meaning such terms have in the

788

JOURNAL OF THE HOUSE,

United States Internal Revenue Code of 1954 in force and effect on January 1,1970; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1371. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; to increase the com pensation of agents; and for other purposes.
Referred to the Committee on Way and Means.

HB 1372. By Messrs. Rainey of the 47th, Atherton of the 117th, Dickinson of the 118th, Mullinax of the 30th and Adams of the 100th:
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 change the fees prescribed for certain hunting and fishing licenses; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1373. By Mr. Rainey of the 47th:
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 repeal an Act prohibiting the pos session of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1374. By Mr. Rainey of the 47th: A Bill to be entitled an Act to require the display of information relating to maximum capacity on watercraft; and for other purposes.
Referred to the Committee on Game and Fish.
HB 1375. By Mr. Rainey of the 47th: 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 change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; and for other purposes.
Referred to the Committee on Game and Fish.

FRIDAY, JANUARY 30, 1970

789

HB 1376. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Motorboat Numbering Act", so as to change the definition of the word "motorboat"; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1377. By Messrs. Barber of the 15th and Russell of the 70th:
A Bill to be entitled an Act to amend Code Section 100-108, relating to bonds given by State depositories, and to the giving of securities in lieu of bonds, so as to authorize the use of loans guaranteed by the Georgia Higher Education Assistance Corporation as security for deposits of State funds; and for other purposes.
Referred to the Committee on Education.

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 667-1378. By Messrs. Jones of the 87th, Moore and Gunter of the 6th:
A Resolution creating the Joint Drug Abuse Study Committee; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 1305. By Messrs. Bohannon of the 20th, Knowles of the 22nd, Phillips of the 38th, Patterson of the 20th, Poole of the 10th, Wheeler of the 18th and others:
A Bill to be entitled an Act to amend Code Section 24-1716, relating to the fees to be paid to the ordinaries for certain of their services, so as to change certain of the fees contained therein; and for other purposes.

HB 1306. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act protecting the public health by providing for premarital examinations for syphilis, so as to provide that in counties with populations of not less than 21,000 nor

790

JOURNAL OP THE HOUSE,

more than 21,900, such premarital examinations shall be conducted only by designated employees of the county health department; and for other purposes.

HB 1307. By Mr. Hill of the 94th:
A Bill to be entitled an Act to amend an Act authorizing a stenographer to be present with the grand juries of counties with population of not less than 150,000 so as to require that a stenographer be present with the grand juries of such counties while any witness is being examined, and to require that the stenographer take and transcribe the testimony; and for other purposes.

HB 1308. By Mr. Scarlett of the 67th:
A Bill to be entitled an Act to amend Code Section 27-210, relating to diligence of officer arresting, so as to change the provisions relative to notifying the accused as to when and where the commitment hearing is to be held; and for other purposes.

HB 1309. By Mr. Hill of the 94th:
A Bill to be entitled an Act to amend Code Section 84-410.1, relating to the provisions applicable to apprentices and the supervision of students learning the occupation of barbering, so as to provide that a barber shop may have two apprentices; and for other purposes.

HB 1310. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HR 644-1310. By Mr. Moate of the 28th: A Resolution compensating Mrs. Sam Gray; and for other purposes.

HR 645-1310. By Mr. Westlake of the 75th: A Resolution compensating Mr. T. L. Phillips; and for other purposes.

HR 646-1310. By Messrs. Peters of the 2nd, Snow and Crowe of the 1st:
A Resolution urging that the famous steam locomotive known as the GENERAL be placed in the Chickamauga National Military Park at Chickamauga, Georgia; and for other purposes.

FRIDAY, JANUARY 30, 1970

791

HR 647-1310. By Mr. Scarlett of the 67th:
A Resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the power of taxation for water and sewer purposes and to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HR 648-1310. By Mr. Scarlett of the 67th:
A Resolution proposing an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Im provement Authority; and for other purposes.

HB 1311. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to change the terms of the Superior Court of Long County; and for other purposes.

HB 1312. By Messrs. McDaniell, Henderson, Burruss and Kreeger of the 117th, Williams of the llth and Games of the 104th:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles, so as to change the fee prescribed for tag agents for their services in accepting applications for the registration and sale of motor vehicle license plates; and for other purposes.

HR 649-1312. By Messrs. McDaniell of the 117th, Keyton of the 70th, Felton of the 95th and Buck of the 84th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt the owner of stocks and bonds for the payment of all ad valorem taxes thereon up to a value of $25,000, if the rate of taxation therefor exceeds or equals $1.50 per $1,000 of value; and for other purposes.

HB 1313. By Messrs. Edwards of the 45th and Parker of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for additional requirements for certification; and for other purposes.

HB 1314. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to provide that the District Attorney whose circuit includes the county in which the seizure was made, rather than the Director of the State Game and Fish Commission, shall bring all

792

JOURNAL OF THE HOUSE,

in rem proceedings relating to night deer hunting; and for other pur poses.

HR 650-1314. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to provide that the civil rights of each person in this State who has had his civil rights removed shall be restored, as a matter of course, after such person has without mishap served 3 years of probation or parole; and for other purposes.

HR 651-1314. By Messrs. Wood, Williams and Cooper of the llth:
A Resolution proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regularity and revenue purposes to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation; and for other purposes.

HB 1315. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the Board are elected; and for other purposes.

HB 1316. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.

HB 1317. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not exceed $1,200 per year; and for other purposes.

HB 1318. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize certain counties and municipali ties to levy and impose certain excise taxes; and for other purposes.

HB 1319. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to reduce, over a 3-year period, the

FRIDAY, JANUARY 30, 1970

793

percentage of the Equalized Adjusted School Property Tax Digest which is used in calculating the financial ability of the independent school systems to raise funds in support of the Minimum Foundation Pro gram; and for other purposes.

HB 1320. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to delete from the terms "Retail sales" and "sale at retail" tangible personal property which is used in or is a part of any facility which has been installed or constructed for the primary purpose of reducing air and water pollution; and for other purposes.

HB 1321. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st, Wamble of the 69th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the provisions relating to credits and exemptions of hospitals and hospital authorities; and for other purposes.

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st and Wamble of the 69th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; and for other purposes.
HR 652-1322. By Messrs. Adams of the 100th, Lane of the 101st, Geisinger of the 72nd and Bostick of the 63rd:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of one member from each congressional district in the State to the State Personnel Board; and for other pur poses.

HR 653-1322. By Mr. Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt the owner of stocks and bonds from the payment of up to $5.00 of the intangible tax due thereon; and for other purposes.

HR 654-1322. By Messrs. McDaniell, Burruss, Kreeger, Henderson, Wilson and Housley of the 117th, and Chandler of the 34th:
A Resolution proposing an amendment to the Constitution so as to provide that when zoning powers shall be granted to the governing authority of a municipality or county, such powers may be delegated to a planning commission; and for other purposes.

794

JOURNAL OF THE HOUSE,

HB 1323. By Messrs. Wamble of the 69th, Keyton of the 70th and Snow of the 1st:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United States of America; the State of Georgia, or any county or municipality of this State; and for other purposes.

HB 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Bill to be entitled an Act to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which shall be designated, entitled and known as Section 91-104A.-2 "Procedure that shall be followed by the State Properties Control Commission when the commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any land and all property not included within the definitions of property as defined in Section 91102A"; and for other purposes.

HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Bill to be entitled an Act to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which said new section shall be designated, entitled and known as Section 91-104A.-1 "Additional Discretionary Powers of the State Properties Control Commission"; and for other purposes.

HB 1326. By Messrs. Moore of the 6th and McClatchey of the 113th:
A Bill to be entitled an Act to authorize and direct county boards of education and county school superintendents to accept, adopt and with hold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other pur poses.

HR 655-1326. By Messrs. Murphy of the 19th and Chandler of the 34th:
A Resolution authorizing and directing the State Properties Control Commission to amend the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. lease dated December 26, 1950; and for other purposes.

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solici tors, ordinaries and other officers of the courts of said counties; and for other purposes.

FRIDAY, JANUARY 30, 1970

795

HB 1328. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1329. By Mr. Lee of the 61st:
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 delete the provisions relating to sugar used as food for honey bees kept for the commercial production of honey beeswax and honey bees; and for other purposes.

HB 1330. By Mr. Moore of the 6th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Stephens County, so as to delete therefrom the require ment that one of the members of the board be selected as clerk; and for other purposes.
HB 1331. By Mr. Moore of the 6th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.
HB 1332. By Mr. Moore of the 6th: A Bill to be entitled an Act to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, com missions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.
HB 1333. By Mr. Moore of the 6th: A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Stephens County, known as the fee system; to pro vide in lieu thereof annual salary for such officer; and for other purposes.
HB 1334. By Mr. Moore of the 6th: A Bill to be entitled an Act to provide for the election of members of the Stephens County Board of Education; and for other purposes.
HR 656-1334. By Messrs. Bell of the 73rd, Barber of the 15th, Gary of the 21st, Games of the 104th, Collins of the 72nd, Floyd of the 75th and others: A Resolution proposing an amendment to the Constitution so as to au-

796

JOURNAL OF THE HOUSE,

thorize the General Assembly to provide by law that any county of this State may levy and collect a tax on multi-family residential rental units located within said county not to exceed 2% of the total amount collected as rent; and for other purposes.

HB 1335. By Messrs. Lane of the 101st and Hudson of the 48th:
A Bill to be entitled an Act to amend Code Chapter 26-28, relating to malicious mischief offenses so as to provide for the crime of falsely accusing a law enforcement officer; and for other purposes.

HB 1336. By Messrs. Geisinger and Collins of the 72nd, Hawes and Horton of the 95th, Snow of the 1st, Bell of the 73rd and Farmer of the 16th:
A Bill to be entitled an Act to amend an Act prescribing rates for taxation of certain property classified for taxation as tangible property, so as to exempt certain tangible property from ad valorem taxes; and for other purposes.

HE 657-1336. By Messrs. Geisinger and Collins of the 72nd, Hawes and Horton of the 95th, Snow of the 1st, Bell of the 73rd and Farmer of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt money and interests in patent rights, copy-rights, accounts receivable and all notes, except notes secured by an interest in real estate which fall due more than 3 years from the date thereof or 3 years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State; and for other purposes.

SR 205. By Senator Kidd of the 25th:
A Resolution to amend a Resolution creating the Uniform Consumer Credit Code Study Committee; and for other purposes.

SR 224. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.

SB 301. 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, so as to change the time for observing certain holidays; and for other purposes.

FRIDAY, JANUARY 30, 1970

797

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 96- 276. Do Pass. HR 576-1173. Do Pass. HR 577-1173. Do Pass. HR 585-1189. Do Pass. HR 591-1209. Do Pass. HR 592-1209. Do Pass. HR 593-1209. Do Pass. HR 600-1229. Do Pass. HR 605-1236. Do Pass. HR 606-1236. Do Pass.
Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Ware of the 30th, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense and Veterans Affairs has had under considera tion the following Bills of the Senate and has instructed me to report same back to the House with the following recommendations:

SB

343. Do Pass.

SB

347. Do Pass by Substitute.

Respectfully submitted, Ware of the 30th, Chairman.

798

JOURNAL OF THE HOUSE,

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 and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB

348. Do Pass.

HB

349. Do Pass.

HB

579. Do Pass.

HB

744. Do Pass.

HB

745. Do Pass by Substitute.

HB

746. Do Pass.

HB

759. Do Pass.

HB

849. Do Pass.

HB

910. Do Pass.

SB

92, Do Pass.

SB

272. Do Pass.

SR

119. Do Pass.

HB 1102. Do Pass, as Amended.

HB 1072. Do Pass, as Amended.

HB 1071. Do Pass.

HB

282. Do Pass by Substitute.

HB 1189. Do Pass.

HB 1245. Do Pass.

HB 1227. Do Pass.

HB 1096. Do Pass.

HB 1241. Do Pass.

HB 1240. Do. Pass.

Respectfully submitted, Williams of the llth, Chairman.

FRIDAY, JANUARY 30, 1970

799

Mr. Buck of the 84th, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 1142. Do Pass by Substitute.

HB

191. Do Pass, as Amended.

HR 552-1121. Do Pass.

HB

214. Do Pass by Substitute.

HB 1141. Do Pass, as Amended.

Respectfully submitted,

Buck of the 84th,

Chairman.

Mr. Howell of the 60th, 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 fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1208. Do Pass. Respectfully submitted, Howell of the 60th, Chairman.

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 and Senate, to-wit:

HB 163. By Mr. Alexander of the 108th:
A Bill to amend Code Section 38-2111, relating to the refusal to make discovery and the consequences thereof, so as to provide for reasonable

800

JOURNAL OP THE HOUSE,

attorneys' fees for delay in answering interrogatories under certain circumstances; and for other purposes.

HB 1072. By Mr. Mauldin of the 12th:
A Bill to change the terms of the Superior Court of Franklin County; and for other purposes.

HB 1105. By Messrs. Pickard, Jones and Buck of the 84th, Berry and Thompson of the 85th:
A Bill to amend an Act entitled "An Act to provide for a permanent pension fund for present and future employees . . . "so as to provide for the County to contribute to any political entity the County's con tribution to said pension fund of any employee, etc.; and for other pur poses.

HB 1112. By Mr. Brooks of the 17th:
A Bill to change the terms of the Superior Court of Madison County; and for other purposes.

HB 1113. By Mr. Wheeler of the 18th: A Bill to abolish the office of treasurer of Elbert County; to provide that the Board of commissioners of Elbert County shall appoint depositories for county funds; and for other purposes.
HB 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th: A Bill to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.
HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd: A Bill to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.
HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th: A Bill to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes.

FRIDAY, JANUARY 30, 1970

801

HB 1179. Messrs. Jones, Buck and Pickard of the 84th, Thompson and Davis of the 86th and others:
A Bill to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the com pensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.

HB 1181. By Mr. Moore of the 6th:
A Bill to amend an Act creating a Board of Commissioners of Stephens County, so as to provide for 4 year terms of office for members of the Board; and for other purposes.

HB 1164. By Mr. Smith of the 43rd:
A Bill to abolish the present mode of compensating the Ordinary of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

SB 262. By Senator Pennington of the 45th:
A Bill to provide that it shall be unlawful to possess more than 576 fluid ounces of malt beverages in counties in which the sale of such malt beverages is not permitted; to repeal conflicting laws; and for other purposes.

SB 300. By Senator Andrews of the 49th:
A Bill to amend an Act prohibiting the sale, delivery, and exhibition of certain harmful materials and practices to minors, and providing procedures for enforcement and declaratory judgments, etc.; to repeal conflicting laws; and for other purposes.

SB 319. By Senator Smalley of the 28th:
A Bill to amend an Act of the General Assembly of Georgia, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions having established such a common trust fund to deliver to such common trust fund as money securities not readily salable at the market price to provide for the valuation of such securities; and for other purposes.

SB 369. By Senator Kennedy of the 4th:
A Bill to provide that persons eighteen years of age or over may donate their blood; to provide for requirements and matters relative thereto; to repeal conflicting laws; and for other purposes.

802

JOURNAL OF THE HOUSE,

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

HB 50. Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th:
A Bill to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.

HB 139. By Mr. Collins of the 54th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial pro cedure in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 517-1042. By Messrs. Melton and Brown of the 32nd:
A Resolution proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of the Fayette County School Superintendent, the Board of Education of Fayette Coun ty School Superintendent; and for other purposes.

HR 518-1042. By Messrs. Melton and Brown of the 32nd:
A Resolution proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County, and for other purposes.

HR 523-1072. By Messrs. Hudson and Dorminy of the 48th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special act or Acts to merge the existing school district in the County of Benn Hill lying outside the corporate limits; and for other purposes.

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

FRIDAY, JANUARY 30, 1970

803

SB 262. By Senator Pennington of the 45th:
A Bill to be entitled an Act to provide that it shall be unlawful to pos sess more than 576 fluid ounces of malt beverages in counties in which the sale of such malt beverages is not permitted; and for other pur poses.
Referred to the Committee on Temperance.

SB 300. By Senator Andrews of the 49th:
A Bill to be entitled an Act to amend an Act prohibiting the sale, delivery, and exhibition of certain harmful materials and practices to minors, and providing procedures for enforcement and declaratory judgments; and for other purposes.
Referred to the Committee on Judiciary.

SB 319. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved March 20, 1943, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions to deliver money securities not readily salesable at the market price, to provide for the valuation of securities; and for other purposes.
Referred to the Committee on Judiciary.
SB 369. By Senator Kennedy of the 4th: A Bill to be entitled an Act to provide that persons eighteen years of age or over may donate their blood; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
The following Resolutions of the Senate were read and adopted:
SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A RESOLUTION
Urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to in crease the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.
WHEREAS, the flue-cured tobacco belt known as the GeorgiaFlorida or Type 14 belt is normally the first to open its markets each year; and

804

JOURNAL OF THE HOUSE,

WHEREAS, Type 14 tobacco is consistently planted and harvested at an earlier date than tobacco in other flue-cured belts; and

WHEREAS, growers in all five flue-cured tobacco belts are no longer required to tie their tobacco if they sell it in sheet form; and

WHEREAS, in order to free buyers for other belts, the GeorgiaFlorida belt should be permitted to start and finish its selling season without delay as soon as the tobacco crop is ready to be marketed; and
WHEREAS, this would not clog the normal flue-cured pipeline and cause a market glut because not enough flue-cured belts would be open and selling tobacco at the same time; and
WHEREAS, a speed up in sales of approximately twenty-five per cent could be accomplished in the Georgia-Florida belt by increasing the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby respectfully request the Industry-Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to each member of the Industry-Wide Flue-Cured To bacco Marketing Committee.

BE IT FURTHER RESOLVED that the Chairman of the Senate Agriculture and Natural Resources Committee or his designated repre sentative and the Chairman of the House Agriculture Committee or his designated representative are hereby authorized and directed to meet with the Industry-Wide Flue-Cured Tobacco Marketing Committee to present and explain this Resolution to the members of the Committee.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A RESOLUTION
Urging the United States Department of Agriculture Crop Report ing Service to reassess the methods and techniques used in determining tobacco crop estimates; and for other purposes.
WHEREAS, the USDA Crop Reporting Service is charged with the responsibility of making crop report production estimates before and during the selling season; and

FRIDAY, JANUARY 30, 1970

805

WHEREAS, the size of these crop report estimates greatly in fluences tobacco prices at the market place; and

WHEREAS, these crop estimates have a bearing on the demand for Type 14 tobacco as well as other types of flue-cured tobacco; and

WHEREAS, the Crop Reporting Service has in its early estimates consistently overestimated the actual production of tobacco throughout the years.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge the USDA Crop Reporting Service to reassess the methods and techniques used in determining tobacco crop estimates so as to insure that the tobacco farmers receive a fair price for the sale of their tobacco as determined by a more accurate production estimate figure.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the United States Secretary of Agriculture, the United States Undersecretary of Agriculture, the USDA Crop Report ing Service, each member of the Georgia Congressional Delegation and to the Chairman of the House and Senate Agriculture Committees ,of the United States Congress.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A RESOLUTION
Urging Georgia tobacco farmers to plant old-line, high-quality varieties of tobacco; and for other purposes.
WHEREAS, in recent years Georgia tobacco producers have begun to plant varieties of tobacco other than the old-line, high-quality varie ties; and
WHEREAS, purchasers of Georgia tobacco have expressed their great concern about the trend of Georgia growers planting other than the old-line varieties such as Hick's Broad Leaf and White Gold and other similar varieties; and
WHEREAS, Georgia tobacco has been in great demand by buying companies because Georgia growers have been producing these old-line varieties throughout the years; and
WHEREAS, these old-line varieties provide the desirable and neces sary flavor and aroma that is in demand by the purchasers and

806

JOURNAL OF THE HOUSE,

WHEREAS, these purchasers are, for the most part, foreign buy ers who purchase much of their tobacco from other parts of the world; and

WHEREAS, this foreign-grown tobacco is neutral in flavor and aroma; and

WHEREAS, these export purchasers desire and need Georgia to bacco to add flavor and aroma to their cigarettes.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in the interest of our tobacco farmers and in the interest of maintaining the demand for Georgia-grown to bacco that this body does hereby urge our Georgia tobacco farmers, insofar as possible, to plant the old-line tobacco varieties.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the Georgia Tobacco Commodity Commission, to the Georgia Farm Bureau, to the Georgia Department of Agriculture and to each of the Georgia Experiment Stations.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A RESOLUTION
Urging the Georgia-Florida Tobacco Warehouse Association to consider taking steps to police and hold to a minimum the sale of out-ofbelt tobacco on Georgia warehouse floors during the regular selling sea son; and for other purposes.
WHEREAS, the out-of-belt tobacco moving into Georgia markets each year is costing Georgia tobacco farmers in many different ways; and
WHEREAS, this out-of-belt tobacco is in direct competition at the market place with Georgia-grown tobacco; and
WHEREAS, Georgia tobacco farmers should be given first con sideration when placing their tobacco upon the auction market floors in Georgia; and
WHEREAS, because of its highly desirable flavor and aroma, Geor gia-grown tobacco is in special demand from buyers representing the export trade; and
WHEREAS, the foreign cigarette manufacturers have a special use for Georgia-grown tobacco in providing flavor and aroma for their cigarettes because most of the other tobacco they purchase from other world-producing areas has little or no flavor or aroma and also be-

FRIDAY, JANUARY 30, 1970

807

cause many foreign manufacturers are prohibited by law from using any artificial flavoring in the manufacture of their cigarettes; and

WHEREAS, tobacco with less flavor and aroma which is grown in the other United States-producing areas and sold on Georgia markets tends to replace Georgia-grown tobacco in meeting these export demands.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in the interest of the Georgia to bacco farmer we respectfully ask that the Georgia-Florida Tobacco Warehouse Association consider taking the necessary steps in policing the out-of-belt tobacco sold on Georgia warehouse floors so as to hold the sale of this tobacco to a minimum during the regular selling season for the purposes of reserving warehouse space for the sale of Georgia tobacco and preserving the favorable position which Georgia-grown to bacco has in the export market trade.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the President and each member of the Georgia-Florida Tobacco Warehouse Association.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A RESOLUTION
Urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the GeorgiaFlorida-Alabama producing area; and for other purposes.
WHEREAS, the Industry-Wide Flue-Cured Tobacco Marketing Committee composed of 34 members, although it is a voluntary group, has in effect regulated the marketing of flue-cured tobacco for the past three marketing seasons; and
WHEREAS, this Committee has greatly influenced the number of sale days per week, the number of selling hours per day and the length of the tobacco selling season during these past three marketing years; and
WHEREAS, twenty of these 34 members are tobacco growers; seven members are tobacco buying company representatives; and seven members are tobacco warehousemen and only two of these 34 members represent producers of Type 14 tobacco as grown in Georgia, Florida and Alabama; and
WHEREAS, one of these two representatives is a tobacco ware houseman leaving only one who is a bona fide tobacco dirt farmer; and

808

JOURNAL OF THE HOUSE,

WHEREAS, growers of Type 14 tobacco as grown in Georgia, Florida and Alabama produce 14 per cent of the total flue-cured to bacco produced in this country but they have only 6 per cent of the representation of this 34-man Industry-Wide Flue-Cured Tobacco Mar keting Committee.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby respectfully re quest consideration from the Industry-Wide Flue-Cured Tobacco Mar keting Committee that the Type 14 producing area composed of Geor gia, Florida and Alabama be allotted at least three additional grower members to serve on the 34-man Committee, thereby making it become a 37-man Industry-Wide Flue-Cured Tobacco Marketing Committee which would more adequately represent the entire United States fluecured producing area.

BE IT FURTHER RESOLVED that the Chairman of the Senate Agriculture and Natural Resources Committee or his designated repre sentative and the Chairman of the House Agriculture Committee or his designated representative are hereby authorized and directed to meet with the Industry-Wide Flue-Cured Tobacco Marketing Committee to present and explain this Resolution to the members of the Committee.

SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A RESOLUTION
Urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.
WHEREAS, the United States Congress in 1965 passed H. R. 4532, which amended the Agricultural Adjustment Act of 1938 to provide for acreage-poundage marketing quotas for tobacco; and
WHEREAS, the Secretary of Agriculture is responsible for the administration of this Act, as amended, to accomplish the purpose set forth in the Act; and
WHEREAS, certain branches of our government and others are censoring and condemning tobacco as a health hazard because of the tar and nicotine content; and
WHEREAS, the prevailing and current tobacco situation is favor able to tobacco with lower tar and nicotine content; and
WHEREAS, research data shows high fertilization increases nico tine content of tobacco and lowers the sugar content of tobacco; and

FRIDAY, JANUARY 30, 1970

809

WHEREAS, under the Acreage-Poundage Bill a preliminary farm yield is determined by averaging the yield per acre for the three highest years of the five-year period (1959-64); and

WHEREAS, because of this method many individual farms have extremely high poundage quotas with a small corresponding acreage allotment. This necessitates a heavy application of fertilizer by these growers trying to produce their poundage quotas thus producing a to bacco which is high in tar and nicotine.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge the Secre tary of Agriculture to utilize Section 317 (a) of the Agricultural Ad justment Act of 1938, as amended, in determining the national average yield goal which reads as follows:

"National average yield goal for any kind of tobacco means
the yield per acre which on a national average basis the Secretary determines will improve the usability of the tobacco and increase the net return per pound to the growers. In making the determina tion the Secretary shall give consideration to such federal or state research data as he deems relevant."

BE IT FURTHER RESOLVED that the Secretary of Agriculture in complying with Section 317 of the Agricultural Adjustment Act of 1938, as amended, lower the national average yield goal from 1,854 pounds to 1,576 pounds per acre or fifteen per cent, thereby raising the national allotments fifteen per cent, and all farm acreage allotments fifteen per cent without reducing or increasing the National Marketing Poundage Quota or the Farm Marketing Poundage Quota of any fluecured tobacco producing farm, thereby enabling tobacco growers to produce the quality of tobacco that will meet the current trade de mand.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the United States Secretary of Agriculture, the United States Undersecretary of Agriculture, the Director of the To bacco Division of the USDA, each member of the Georgia Congres sional Delegation, the Georgia Farm Bureau, the Georgia Depart ment of Agriculture and to the Chairmen of the Senate and House Agriculture Committees of the United States Congress.

Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 623-1257. By Messrs. Adams of the 100th, Rush of the 51st, Smith of the 39th, Bostick of the 63rd and many others:
A Resolution designating the largemouth bass as the official State fish; and for other purposes.

810

JOURNAL OP 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 Anderson Barber Barfield Battle Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis

Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, G. Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keyton Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R.

Mauldin Maxwell McClatchey Melton Merritt Miles Milford Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Poole Potts Reaves Roach Ross Rush Russell Salem Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Toles Townsend Wamble Ware

FRIDAY, JANUARY 30, 1970

811

Westlake Whaley Wheeler, Bobby

Wheeler, J. A. Wilkerson Winkles

Williams Wood

Those not voting were Messrs.:

Alexander Atherton Ballard Bell Blalock Bray Brooks Burruss Busbee Cook Daugherty Dean, N. DeLong Dickinson Fallin Farmer Funk
Gunter Hale

Hamilton Henderson Hill, B. L. Holder Hood Horton Housley Jones, C. M. Jones, M. Keen Knapp Kreeger Lambert Lee, W. S. Mason McCracken McDaniell
Miller Moate

Moore Morris Nash Odom Parker, C. A. Phillips, G. S. Pinkston Rainey Rowland Scarborough Sherman Sorrells Thompson, A. W. Thompson, R. Vaughn Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 1051. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with certain provisions; 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

Barter Barfield Battle

Bennett Berry Black

812
Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Buck Caldwell Gates Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Graves

JOURNAL OF THE HOUSE,

Griffin Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Keyton Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miles Milford Morris Mullinax Murphy

Northcutt Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Poole Potts Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Town send Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wood

Those not voting were Messrs.:

Atherton Ballard Bell Blalock Bowen Brantley, H. L. Bray Brooks Burruss

Busbee Games Collier Conner Cook Cooper DeLong Dickinson Dodson

Fallin Farmer Funk Gary Gunter Hale Hamilton Harrison Hawes

Henderson
Holder Housley Howell Jones, M. Jordan, H. S. Keen Knapp Kreeger Lambert Mason

FRIDAY, JANUARY 30, 1970

813

Matthews, D. R.
McCracken McDaniell Miller Moate Moore Nash Nessmith Nunn Parker, C. A. Phillips, G. S.

Pinkston
Rainey Reaves Rowland Sherman Smith, J. R. Thompson, R. Vaughn Winkles Wilson Mr. Speaker

On the passage of the Bill, the ayes were 135, nays 0.

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

HB 767. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Section 53-107, relating to restraints of marriage, so as to provide for the validity of antenuptial agreements; 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 Berry Bostick
Brantley, H. H. Brantley, H. L. Brown, C. Buck Burruss Carnes Gates Chandler

Colwell Conger Connell Conner Cooper Crowe Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dent Dixon Edwards Egan Ellis Evans

Ezzard Fallin Felton Floyd, J. H. Funk Gary Gaynor Geisinger
Gignilliat Grahl Graves Griffin Gunter Harrington Harris, J. F. Harris, J. R.

814

JOURNAL OF THE HOUSE,

Harrison Hill, G. Holder Hood Horton Housley Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Matthews, C.

Mauldin Maxwell
McClatchey Melton Merritt Miles Milford Moore Mullinax Murphy Nessmith Northcutt
Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pickard Poole Reaves Roach Boss

Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Snow Sorrells
Sweat Thompson, A. W. Thompson, R. Toles Townsend Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wood

Those voting1 in the negative were Messrs.:

Cole Collins, S.

Douglas

Floyd, L. R.

Those not voting were Messrs.:

Ballard Barfield Bell Bennett Black Blalock Bohannon Bond Bo wen Bray Brooks Brown, B. D. Busbee Caldwell Clarke Collier
Collins, M. Cook Dailey Dean, N.

DeLong Dickinson Dodson Dorminy Farmer Farrar Hadaway Hale Hamilton Hargrett Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Howell Johnson Joiner Keen Knapp

Knowles Lambert Leonard Mason Matthews, D. R. McCracken McDaniell Miller Moate Morris Nash Nunn Parker, C. A. Phillips, G. S. Phillips, W. R. Pinkston Potts Rainey Rowland Sherman

Smith, J. R. Smith, V. T. Thomason

FRIDAY, JANUARY 30, 1970

815

Vaughn Ware Williams

Wilson Mr. Speaker

On the passage of the Bill the ayes were 123, nays 4.

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

HR 96-276. By Mr. Lowrey of the 9th:
A Resolution compensating Mr. Clarence Salmon; and for other pur poses.

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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 537-1090. By Mr. Wamble of the 69th:
A Resolution compensating the Grady County Electric Membership Corporation; 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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 548-1105. By Mr. Levitas of the 77th:
A Resolution compensating Mr. Morris Benbenisty; and for other purposes.

816

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 ayes were 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 551-1121. By Mr. Phillips of the 50th: A Resolution compensating Mr. Willie Linder; 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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 576-1173. By Mr. Douglas of the 42nd: A Resolution compensating Mr. Robert H. Lee; 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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 577-1173. By Mr. Peters of the 2nd:
A Resolution compensating Mr. Aubrey M. Honeycutt; and for other purposes.

FRIDAY, JANUARY 30, 1970

817

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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 585-1189. By Mr. Davis of the 75th: A Resolution compensating Mr. Joe B. Hogan; 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 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 591-1209. By Mr. Potts of the 30th: A Resolution compensating Mr. James Elliott Kee; 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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 592-1209. By Mr. Jones of the 87th:
A Resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.

818

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 ayes were 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 593-1209. By Mr. Dodson of the 82nd: A Resolution compensating Dell D. Gledhill; 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 133, nays 0.

The Resolution, having received constitutional majority, was adopted.

HR 600-1229. By Mr. Mauldin of the 12th:
A Resolution compensating Willie James Rucker; and for other pur poses.

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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 605-1236. By Messrs. Chandler and Harrington of the 34th:
A Resolution compensating Mrs. Juanita W. Worsham; and for other purposes.

FRIDAY, JANUARY 30, 1970

819

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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 606-1236. By Messrs. Chandler and Harrington of the 34th: A Resolution compensating Mrs. A. 0. Hodges; 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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 55-128. By Mr. Joiner of the 35th: A Resolution compensating Mr. Frank Flanders; and for other pur poses.
The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 55-128 by changing ,the figure $51.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $50.00.

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 133, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

820

JOURNAL OF THE HOUSE,

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 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 Berry Black Bostick Brantley, H. L. Bray Brown, C. Buck Games Gates Cole Collins, S. Colwell Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Edwards Ellis Evans Ezzard Parrar Felton

Floyd, L. R. Funk
Gary Geisinger Grahl Graves Griffin Gunter Harrington Harris, J. F. Harris, J. R. Hawes Higginbotham Hood Horton Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin

Maxwell Melton Miles Milford Moore Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Peters Peterson Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Sims Snow Sorrells Sweat Thomason Thompson, A. W.

FKIDAY, JANUARY 30, 1970

821

Thompson, R. Toles Town send Wamble

Ware Westlake Whaley Wheeler, J. A.

Wilkerson Winkles Williams Wood

Those voting in the negative were Messrs.:

Burruss Gaynor

Gignilliat

McClatchey

Those not voting were Messrs.:

Atherton Battle Bell Bennett Blalock Bohannon Bond Bowen Brantley, H. H, Brooks Brown, B. D. Busbee Caldwell Chandler Clarke Collier Collins, M. Conger Conner Cook DeLong Dickinson Dodson

Egan Tallin Farmer Floyd, J. H. Hadaway Hale Hamilton Hargrett Harris, R. W. Harrison Henderson Hill, B. L. Hill, G. Holder Housley Joiner Jordan, H. S. Keen Knapp Kreeger Lambert Mason Matthews, D. R.

McCracken McDaniell Merritt Miller Moate Morris Nash Parker, C. A. Parker, H. W. Patterson Phillips, G. S. Phillips, W. R. Pickard Rowland Sherman Simmons Smith, J. R. Smith, V. T. Vaughn Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, the ayes were 123, nays 4.

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

Mr. Battle of the 90th wished to be recorded as voting "aye" on the passage of HB 1019.

By unanimous consent, HB 1019 was ordered immediately transmitted to the Senate.

822

JOURNAL OF THE HOUSE,

HB 1139. By Mr. Toles of the 9th:
A Bill to be entitled an Act to amend the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; 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 Anderson Atherton Barber Battle Berry Black Bo stick Brantley, H. L. Bray Brown, C. Buck Burruss Carnes Gates Chandler Cole Collins, S. Colwell Conger Connell Dailey Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Ellis Evans Ezzard Floyd, J. H. Gaynor

Geisinger Gignilliat Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, G. Holder Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis

Longino Lowrey Marcus Mauldin Melton Merritt Miles Milford Moore Mullinax Murphy Nes smith Northcutt Nunn Odom
Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Poole Potts Reaves Rush Salem Scarlett Shanahan Simmons Sims Smith, V. T. Sorrells
Sweat

FRIDAY, JANUARY 30, 1970

823

Thomason Toles Wamble Westlake

Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

Winkles Wilson

Those voting in the negative were Messrs.:

Floyd, L. R.

Hood

Those not voting were Messrs.:

Alexander Ballard Barfield Bell Bennett Blalock Bohannon Bond
Bowen Brantley, H. H. Brooks Brown, B. D. Busbee Caldwell Clarke Collier Collins, M. Conner Cook Cooper Crowe Daugherty Dean, J. E. DeLong Dodson Edwards

Egan Fallin Farmer Farrar Felton Funk Gary Grahl Hale Hamilton Harris, R. W. Henderson Hill, B. L. Horton Keen Knapp Knowles Lambert Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Miller

Moate Morris Nash Pafford Parker, H. W. Phillips, G. S. Pinks ton Rainey Roach Ross Rowland Russell Scarborough Shepherd Sherman Simkins Smith, J. R. Snow Thompson, A. W. Thompson, R. Townsend Vaughn Ware Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 115, nays 2.

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

Mr. Floyd of the 75th stated that he had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 1139.

HB 498. By Messrs. Bennett of the 71st, Bostick of the 63rd, Lee of the 61st and many others:
A Bill to be entitled an Act to provide that the validity of a judgment rendered in any divorce proceeding may not be contested or challenged

824

JOURNAL OF THE HOUSE,

after three years from the rendition of the final judgment therein, except upon the grounds that the judgment complained of was procured as a result of fraud; and for other purposes.

The following substitute, offered by Mr. Bennett of the 71st, was read and adopted:
A BILL
To be entitled an Act to provide that the validity of a judgment rendered on any divorce proceeding may not be contested or challenged after three years from the rendition of the final judgment, except upon grounds that the judgment complained of was procured as a result of fraud; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The validity of a judgment rendered in any divorce proceeding may not be contested after three years from the rendition of the final judgment therein, except upon the grounds that the judg ment complained of was procured as a result of fraud. Nothing herein contained is intended to prevent the court from revising and amending final judgments in divorce proceedings relative to custody of minor children, support and alimony as now provided by law.
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, 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.:

Adams Anderson Aanderson Atherton Ballard Barber Battle Bennett Berry

Black Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss

Games Gates Clarke Cole Collins, S, Colwell Conger Connell Dailey

Daugherty Davis, E. T.
Davis, W. Dean, N. Dent Douglas Edwards Evans Ezzard Farrar Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Hawes Higginbotham Hill, G. Holder Hood Horton Howell Hudson Hutchinson

FRIDAY, JANUARY 30, 1970

825

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.
Keyton Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard
Le vitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell
Melton Merritt Miles Milford Moore Mullinax Murphy Nessmith Northcutt
Nunn Odom Pafford

Paris Patterson
Peters Peterson Phillips, L. L. Phillips, W. R.
Pickard Poole Potts Reaves Roach Ross Russell
Salem Shanahan Shepherd Simkins Simmons Sims Smith, V. T. Sorrells Thomason Thompson, A. W.
Toles Townsend
Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles

Those not voting were Messrs.:

Barfield Bell Blalock Bohannon Bowen Brantley, H. H. Brooks Busbee Caldwell Chandler Collier Collins, M. Conner Cook Cooper Crowe Dean, J. E. DeLong

Dickinson Dixon Dodson Dorminy Egan Ellis Fallin Farmer Felton Floyd, J. H. Grahl Hale Harris, J. R. Harris, R. W. Harrison Henderson Hill, B. L. Housley

Johnson Keen Knapp Kreeger Lambert Mason Matthews, D. R. McClatchey McCracken McDaniell Miller Moate Morris Nash Parker, C. A. Parker, H. W. Phillips, G. S. Pinkston

826
Rainey Rowland Rush Scarborough Scarlett Sherman

JOURNAL OF THE HOUSE,

Smith, J. R. Snow Sweat Thompson, R. Vaughn Wheeler, Bobby

Williams Wilson Wood Mr. Speaker

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 1128. 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 providing for the giving of security by owners and operators of certain motor vehicles, so as to reduce the time within which payment of a judgment out of a security deposit may be made; and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 1128 as follows:
1. By adding in the caption immediately before the words "to repeal conflicting laws" the following:
"to provide for a refund where the depositor shall die while security is on deposit;"
2. By adding in the first paragraph of Section 1 after the words "one (1) year" the following:
"and by striking from the second paragraph of Section 10 the first sentence and inserting a new first sentence to read 'In any case where the depositor shall die while security is on deposit with the Director, the Director is authorized to return such security to the Executor or Administrator of the estate of the deceased depositor or if there is no Executor or Administrator and the amount on deposit is $1,000 or less, the Director is authorized to pay over such deposit: (a) to the husband or wife of the depositor; (b) if no husband or wife, to the children; (c) if no children, to the father, if living; if not, to the mother of the depositor; (d) if no children or parent, then to the brothers and sisters of the depositor.'
3. By striking from the second paragraph of quoted Section 10 in Section 1 the first sentence thereof and inserting a new first sentence to read as follows:

FRIDAY, JANUARY 30, 1970

827

"In any case where the depositor shall die while security is on deposit with the Director, the Director is authorized to return such security to the Executor or Administrator of the estate of the deceased depositor or if there is no Executor or Administrator and the amount on deposit is $1,000 or less, the Director is au thorized to pay over such deposit: (a) to the husband or wife of the depositor; (b) if no husband or wife, to the children; (c) if no children, to the father, if living; if not, to the mother of the de positor; (d) if no children or parent, then to the brothers and sisters of the depositor."

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 Barber Battle Berry Black Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Gates Clarke Cole Collins, S. Colwell Connell Conner Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent

Dickinson Dixon Dorminy Douglas Edwards Ellis Evans Ezzard Farrar Pelton Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Hill, G. Hood 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) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moore

828
Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Poole

JOURNAL OF THE HOUSE,

Potts Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, V. T.

Sorrells Sweat Thomason Thompson, A. W. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson

Those not voting were Messrs.:

Atherton Ballard Barfield Bell Bennett Blalock Bohannon Brooks Busbee Caldwell Carnes Chandler Collier Collins, M. Conger Cooper Crowe DeLong Dodson

Egan Fallin Farmer Floyd, J. H. Gary Griffin Hale Harris, R. W. Higginbotham Hill, B. L. Holder Horton Keen Rnapp Lambert Mason McCracken Miller Moate

Morris Nash Odom Parker, C. A. Phillips, G. S. Pinkston Rainey Rowland Sherman Smith, J. R. Snow Thompson, R. Townsend Vaughn Winkles Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 140, nays 0.

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

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st and others:
A Bill to be entitled an Act to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of plan-

FRIDAY, JANUARY 30, 1970

829

ning commissions by certain political subdivisions; and for other pur poses.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend HB 1166 as follows:
By adding at the end of Section One the following:
Providing that said Planning Commission may by appropriate notice to employees and by proper resolution elect to withdraw from coverage under said 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 Barber Battle Bell Berry Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Games Gates Clarke Cole Collier Colwell Connell Conner Cook Crowe

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent
Dickinson Dixon Douglas Edwards Ellis Ezzard Farrar Felton Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington

Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hood Horton Housley Howell Hudson Hutchinson Johnson Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino

830
Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford

JOURNAL OF THE HOUSE,

Paris Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins

Simmons Sims Smith, J. R. Snow Sweat Thomason Thompson, A. W. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson

Those not voting were Messrs.:

Ballard Barfield Bennett
Black Blalock Bohannon
Bo wen Brooks Busbee Caldwell Chandler Collins, M. Collins, S. Conger Cooper Dailey DeLong Dodson Dorminy Egan

Evans Fallin Farmer Floyd, J. H.
Grahl Hale Harris, R. W. Harrison Hill, B. L. Hill, G. Holder Joiner Jones, C. M. Keen Knapp Lambert Mason McCracken Merritt Miller

Moate Nash Odom
Parker, C. A. Peters Phillips, G. S. Pickard Pinkston Rainey Rowland Sherman Smith, V. T. Sorrells Thompson, R. Townsend Vaughn Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 137, nays 0.

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

HB 1062. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a

FRIDAY, JANUARY 30, 1970

831

case, the remittitur shall not issue from that court for at least 90 days from the date of decision; 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 Berry Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Carnes Gates Clarke Cole Colwell Connell Conner Cook Cooper Crowe Daugherty Davis, E, T. Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Ellis Evans Ezzard Farrar Felton Gaynor Geisinger

Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Hawes Hill, B. L. Hood Horton Housley Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton 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 Merritt

Miles Milford Moore Mullinax Murphy Nessmith Northcutt Pafford Paris Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Poole Potts Rush Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wood

832

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Davis, W. Floyd, L. R. Higginbotham

Hill, G. Hudson Morris

Boss Westlake Whaley

Those not voting were Messrs.:

Ballard Barfield Bell Bennett Black Blalock Bohannon Bond Bowen Brantley, H. L. Brooks Busbee Caldwell
Chandler Collier Collins, M. Collins, S. Conger Dailey DeLong Dickinson
Dodson Edwards Egan

Fallin Farmer Floyd, J. H. Funk Gary Griffin Hale Harris, R. W. Harrison Henderson Holder Howell Jordan, H. S. Keen Knapp Knowles Lambert Lane, W. J. Mason McCracken McDaniell Melton Miller Moate

Nash Nunn Odom Parker, C. A. Parker, H. W. Phillips, G. S. Pickard Pinkston Rainey Reaves Roach Rowland Russell Sherman Smith, J. R. Smith, V. T. Townsend Vaughn Wamble Ware Winkles Wilson Mr. Speaker

On the passage of the Bill, the ayes were 115, nays 19.

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

HB 847. By Messrs. Hargrett of the 58th and Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 114-410, relating to two permanent injuries, as amended, so as to change the maximum amount of compensation which an employee who receives two permanent injuries may receive; and for other purposes.

By unanimous consent, further consideration of HB 847 was postponed until Monday, February 2, 1970, immediately after the period of unanimous consents.

FRIDAY, JANUARY 30, 1970

833

HB 1216. By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Section 79-A-402, relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove certain provisions relating to the type of practical ex perience required by an applicant; 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 Bostick Brantley, H. L. Bray Brown, C. Burruss Gates Chandler Clarke Cole Collins, S. Colwell Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Edwards Ellis Ezzard Felton

Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Griffin Hadaway Hamilton Harris, J. F. Harris, J. R. Hawes Henderson Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis

Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Roach Rush Russell Salem Shepherd Simkins Simmons Sims Smith, V. T.

834

JOURNAL OF THE HOUSE,

Snow Sorrells Sweat Thompson, A. W. Thompson, R.

Toles Wamble Ware Whaley Wheeler, Bohby

Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Adams Ballard Bennett Berry Black Blalock Bohannon Bond Bowen Brantley, H. H. Brooks Brown, B. D. Buck Busbee Caldwell Carries Collier Collins, M. Conger Conner Dailey DeLong Dickinson Dodson Egan

Evans Fallin Farmer Farrar Floyd, J. H. Funk Grahl Gunter Hale Hargrett Harrington Harris, R. W. Harrison Higginbotham Hill, B. L. Holder Joiner Keen Knapp Lambert Lane, Dick
Mason McCracken Merritt Miller

Moate Moore Nash Nunn Parker, C. A. Parker, H. W. Phillips, G. S. Kckard Pinkston Poole Rainey Reaves Ross Rowland Scarborough Scarlett Shanahan Sherman Smith, J. R. Thomason Townsend Vaughn Westlake Winkles Mr. Speaker

On the passage of the Bill, the ayes were 120, nays 0.

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

The following Resolution of the House was read and adopted:

HR 670. By Mr. Parker of the 44th:
A RESOLUTION
Urging the State Board of Education to request all classroom teach ers to take the Common Section of the National Teacher Examination as a part of their contract for the school year 1970-71; and for other purposes.

FRIDAY, JANUARY 30, 1970

835

WHEREAS, the Board of Regents of the University System of Georgia requires that all students take the Scholastic Aptitude Test as a part of the admissions procedure for the colleges with the system; and

WHEREAS, the State Board of Education bases the issuance of a six-year certificate on the applicant's attaining a satisfactory score on the National Teacher Examination; and

WHEREAS, a number of local school systems throughout the nation require applicants for teacher certificates to meet certain stipula tions; and

WHEREAS, there is no standard at the present time by which the State Board of Education can compare the beginning teacher with the experienced classroom teacher.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Education request all
classroom teachers take the Common Section of the National Teacher Examination as a part of their contract for the school year 1970-71, in order to establish normative data whereby new teachers entering the profession might be classified.

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 Chairman and each member of the State Board of Education and to the State Superintendent of Schools.

Mr. Jones of the 59th moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 2, 1970, and the motion prevailed.

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

836

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 2, 1970

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. Milton C. Gardner, Jr., Pastor, First Baptist Church, Thomasville, Georgia:
0 God of infinite wisdom and power, whose love and holiness are beyond expression, We confess to Thee our unworthiness; our sinfulness; our need.
We pray not for easy tasks but for strength to do great tasks.
We pray not for simple sight to see the love of people, but for insight to see their needs--and the ability to meet those needs.
We intercede in behalf of all those who serve in our government-- our Governor and every Page who serves in the Capitol.
Bless, 0 God, our lawmakers and our law enforcers. Give them Thy grace and guiding spirit--Give Thy providential care to their families, Make them to be good fathers, husbands, mothers, wives-- for we know we are not fit to govern others if we cannot govern our own. Bless, 0 Lord, this session of our legislature with wholesome progress in needful areas. Preserve our State, our Nation and our World from needless chaos and lead us in Thy paths of peace--For Jesus' Sake
Amen.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrollmg, 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.

MONDAY, FEBRUARY 2, 1970

837

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.

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

HB 1379. By Mr. Phillips of the 50th:
A Bill to he entitled an Act to provide that whenever an automobile is sold at auction, and the auctioneer has described the automobile as being in "good condition" it shall be unlawful for the automobile to be sold "as is" or "with all faults" or with other language or symbols which exclude all warranties; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 668-1379. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corpora tion, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situate in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1380. A Bill to be entitled an Act to provide certain requirements relative to certain petitions; and for other purposes.
Referred to the Committee on Judiciary.

HB 1381. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia, incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City Limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

838

JOURNAL OP THE HOUSE,

HB 1382. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar business, so as to provide that in certain counties "with populations of 500,000 or more, the governing authorities thereof shall impose a tax, not to exceed $100 on each person who practices astrology for a fee or who accepts donations therefor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1383. By Messrs. Nunn and Peterson of the 41st: A Bill to be entitled an Act to provide for the creation of an addi tional judgeship for the Macon Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 1384. By Mr. Pickard of the 84th: A Bill to be entitled an Act to amend an Act regulating intrastate pipeline systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the pro visions of this Act by civil monetary penalties and injunctions; and for other purposes.
Referred to the Committee on Industry.
HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to pro vide for the compensation of the members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HR 669-1385. By Messrs. Nunn and Peterson of the 41st: A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1386. By Messrs. Lee, Odom, and Hutchinson of the 61st: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of Superior Court of Baker County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 2, 1970

839

HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Baker County, so as to change the compensation of the members of the Board; 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 1337. By Mr. Harris of the 77th: A Bill to be entitled an Act to provide for the suspension from office of persons holding certain State offices; to provide the grounds for suspension; to create a board to hear and determine charges against an officeholder; and for other purposes.
HB 1338. By Mr. Barber of the 15th: A Bill to be entitled an Act to amend Code Chapter 32-9, relating to county boards of education, so as to provide for an appeal to the local board of education and State Board of Education for any teacher whose contract has not been renewed; and for other purposes.
HB 1339. By Mr. Barber of the 15th: A Bill to be entitled an Act to amend an Act providing sick leave for the teachers of the public schools of this State, so as to provide that up to a maximum of three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; and for other purposes.
HB 1340. By Messrs. Phillips of the 50th and Barber of the 15th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that in each local school system the pupil-teacher ratio for first grade shall not be allowed to exceed 25 pupils per teacher; and for other purposes.
HB 1341. By Mr. DeLong of the 80th: A Bill to be entitled an Act to prohibit theaters in this State from previewing scenes of coming attractions with a higher rating than the movie currently being shown; and for other purposes.

840

JOURNAL OF THE HOUSE,

HB 1342. By Messrs. Hargrett of the 58th, Scarlett of the 67th, Douglas of the 42nd, Phillips of the 50th, Salem of the 51st and Harris of the 67th:
A Bill to be entitled an Act to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.

HB 1343. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms Act; and for other purposes.
HB 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceilings on the compensa tion of the chief deputy, deputies, chief jailer and other jailers; and for other purposes.

HB 1345. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Games of the 104th, Ezzard of the 102th, Shepherd of the 107th and others:
A Bill to be entitled an Act to amend Code Title 88, Georgia Health Code (Ga. Laws 1964, p. 499) as heretofore amended to provide notification by hospital or treatment facility to Ordinary of residence of patient admitted for treatment and require Ordinary to maintain roster of patients so admitted; and for other purposes.

HR 658-1345. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to empower any or all counties, municipalities and local boards of education to levy and impose any tax, fee or license; and for other purposes.

HR 659-1345. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income; and for other purposes.

MONDAY, FEBRUARY 2, 1970

841

HR 660-1345. By Mr. Westlake of the 75th, Mrs. Merritt of the 46th and Messrs. Matthews of the 16th and Barber of the 15th:
A Resolution creating the American Revolution Bicentennial Com mission of Georgia; and for other purposes.

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd:
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 exempt fish feed from the taxes imposed by said Act; and for other purposes.

HR 661-1346. By Mr. Lowrey of the 9th: A Resolution compensating Mr. V. S. Nations; and for other purposes.

HB 1347. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the salary of each of the deputy sheriffs of Haralson County; and for other purposes.

HB 1348. By Messrs. Hawes of the 95th, Marcus of the 105th, Evans of the 81st, Wilson of the 117th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to delete the requirement that the equalized adjusted school property tax digest of each indepen dent school system located within a county be calculated on the basis of 133-1/3% off the county equalized adjusted school property tax digest of all property located within the territory of the independent school system; and for other purposes.

HB 1349. By Messrs. Phillips of the 50th, Atherton of the 117th, Wamble of the 69th, Wood of the llth and Egan of the 116th:
A Bill to be entitled an Act to amend an Act providing for the levying of an intangible tax, so as to provide that any person, firm or corporation who shall fail to file any return or pay any tax required by said Act shall be subject to a penalty of 25% of the tax due or $15.00, whichever shall be greater; and for other purposes.

HB 1350. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 26-1503, relating to criminal trespass, so as to provide that a person commits criminal trespass when he knowingly and without authority enters the dwelling house or any other building of another person; and for other purposes.

842

JOURNAL OF THE HOUSE,

HB 1351. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 26-1601, relating to burglary, so as to remove the requirement that a person enter or remain "without authority" in a dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as a dwelling of another, in order to commit burglary; to rewrite said Code Section so as to eliminate any possible misunderstanding of its intent; and for other purposes.

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 79A-9910, prescrib ing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 90A-8, or 79A-9, so as to delete all references to Chapters 79A-8 and 79A-9, thus permitting punishment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; and for other purposes.

HB 1353. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000 and by imprisonment in the penitentiary for not less than two nor more than five years; and for other purposes.

HR 662-1353. By Mr. Daugherty of the 109th:
A Resolution proposing an amendment to the Constitution to provide that punishment by death is cruel and unusual punishment and shall not be inflicted upon any person in the State of Georgia; and for other purposes.

HB 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102th and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Section 79A-905, relating to the seizure of certain drugs, equipment or conveyances, and provid ing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise, equipment and articles pursuant to said Section, in like manner and authority as the State Board of Pharmacy; and for other purposes.

HB 1355. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102th and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Section 79A-907, relating to the manufacture, sale, possession, and obtaining by fraud of certain

MONDAY, FEBRUARY 2, 1970

843

drugs and keeping of records, so as to provide that all records required to be kept by said Section shall be available to all law enforcement officials for inspection and copying, whether or not any or all of said law enforcement officials are designated by the State Board of Pharma cy; and for other purposes.

HB 1356. By Messrs. Jones of the 87th, Funk of the 92nd, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th:
A Bill to be entitled an Act to prohibit possession of any apparatus,; device or instrument for the unauthorized use of drugs; and for other purposes.

HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102th and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to authorize the board to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a descrip tion of same; and for other purposes.

HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Bill to be entitled an Act to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties relative only to endorsement of late motor vehicle tag applica tions and the penalties and fees in relation thereto and to the collec tion of all fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances; and for other purposes.

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th, Jordan of the 55th, Harris of the 77th, Lee of the 61st and others:
A Bill to be entitled an Act to provide for an Assistant District At torney in each Judicial Circuit having more than one Superior Court judge; to provide for his appointment, qualifications, authority and duties; and for other purposes.

HB 1360. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act 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, and the several Acts amendatory thereof"; and for other purposes.

844

JOURNAL OF THE HOUSE,

HB 1361. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to change the provisions relating to different voter registration requirements and voting procedures in re gard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; and for other purposes.

HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st:
A Bill to be entitled an Act to fix the terms of the Superior Court of Lowndes County; and for other purposes.

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st, Moore of the 6th, Patterson of the 20th, Cooper of the llth, Bennett of the 71st:
A Bill to be entitled an Act to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent; and for other purposes.

HB 1364. By Mr. Odom of the 61st, Floyd of the 7th and Harrison of the 66th:
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.

HB 1365. By Mr. Games of the 104th:
A Bill to be entitled an Act to provide minimum salaries for the county sheriffs of the State of Georgia, to be paid from county funds; and for other purposes.

HB 1366. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; and for other purposes.

HB 1367. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

MONDAY, FEBRUARY 2, 1970

845

HB 1368. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.

HR 663-1368. By Messrs. Horton, Hawes and Pelton of the 95th, Atherton of the 117th, Marcus of the 105th, Brown of the 110th, Farrar of the 77th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create regional metropolitan coun cils for the purpose of coordinating, supervising and assisting in the planning and development of the area placed under the jurisdiction of the council; and for other purposes.

HR 664-1368. By Messrs. Caldwell and Smith of the 39th:
A Resolution to amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.

HR 665-1368. By Mr. Ballard of the 23rd:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of said ordinances; and for other purposes.

HB 1369. By Messrs. Brown of the 32nd and Smith of the 3rd:
A Bill to be entitled an Act to be known and may be cited as the "Georgia Physical Therapy Act"; and for other purposes.

HR 666-1369. By Mrs. Hamilton of the 112th:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly shall provide by law for the consolidation of certain counties of this State with other counties to create new counties, and to provide that no State funds shall be paid to certain counties after a certain date; and for other purposes.

HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net in-

846

JOURNAL OF THE HOUSE,

come, so as to conform their meaning to the meaning such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1970; and for other purposes.

HB 1371. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; to increase the compen sation of agents; and for other purposes.

HB 1372. By Messrs. Rainey of the 47th, Atherton of the 117th, Dickinson of the 118th, Mullinax of the 30th and Adams of the 100th:
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 change the fees prescribed for certain hunting and fishing licenses; and for other purposes.

HB 1373. By Mr. Rainey of the 47th:
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 repeal an Act prohibiting the possession of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.

HB 1374. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to require the display of information relating to maximum capacity of watercraft; and for other purposes.

HB 1375. By Mr. Rainey of the 47th:
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 change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; and for other purposes.

HB 1376. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Motorboat Numbering Act", so as to change the definition of the word "motorboat"; and for other purposes.

MONDAY, FEBRUARY 2, 1970

847

HB 1377. By Messrs. Barber of the 15th and Russell of the 70th:
A Bill to be entitled an Act to amend Code Section 100-108, relating to bonds given by State depositories, and to the giving of securities in lieu of bonds, so as to authorize the use of loans guaranteed by the Georgia Higher Education Assistance Corporation as security for de posits of State funds; and for other purposes.

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of this section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said chapter; and for other purposes.

HR 667-1378. By Messrs. Jones of the 87th, Moore and Gunter of the 6th: A Resolution creating the Joint Drug Abuse Study Committee; and for other purposes.
SB 262. By Senator Pennington of the 45th: A Bill to be entitled an Act to provide that it shall be unlawful to possess more than 576 fluid ounces of malt beverages in counties in which the sale of such malt beverages is not permitted; and for other purposes.
SB 300. By Senator Andrews of the 49th: A Bill to be entitled an Act to amend an Act prohibiting the sale, de livery, and exhibition of certain harmful materials and practices to minors, and providing procedures for enforcement and declaratory judgments; and for other purposes.
SB 319. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved March 20, 1943, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions to deliver money securities not readily saleable at the market price, to provide for the valuation of securities; and for other purposes.
SB 369. By Senator Kennedy of the 4th: A Bill to be entitled an Act to provide that persons eighteen years of age or over may donate their blood; and for other purposes.

848

JOURNAL OF THE HOUSE,

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1114. Do Pass by Substitute.
Respectfully submitted,
Matthews of the 63rd,
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 Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1326. Do Pass as amended. Respectfully submitted, Barber of the 15th, 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 fol lowing Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 1239. Do Pass. HB 1243. Do Pass. HB 1246. Do Pass. HB 1250. Do Pass. HB 1257. Do Pass by Substitute. HB 1258. Do Pass. HB 1259. Do Pass.

MONDAY, FEBRUARY 2, 1970

849

HB 1260. Do Pass. HB 1261. Do Pass. HE 1262. Do Pass. HB 1263. Do Pass. HB 1264. Do Pass. HB 1272. Do Pass. HB 1273. Do Pass. HB 1283. Do Pass. HB 1291. Do Pass. HB 1294. Do Pass. HB 1299. Do Pass. HR 617-1246. Do Pass. HR 618-1246. Do Pass. HR 639-1288. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Howell of the 60th, 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 Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1304. Do Pass by Substitute. Respectfully submitted, Howell of the 60th, Chairman.

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:

850

JOURNAL OF THE HOUSE,

SB 336. By Senator Broun of the 46th:
A Bill to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; to repeal conflicting laws; and for other purposes.

SB 362. By Senators Stephens of the 36th and Padgett of the 23rd:
A Bill to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and the wardens of all county and State prisons to arrange for temporary transfer of certain prisoners who have been convicted of crimes; and for other purposes.

SB 363. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th, and Padgett of the 23rd:
A Bill to authorize the governing authorities and courts of each county and municipality to accept criminal fines in installments from those individuals unable to pay the full amount immediately; to repeal con flicting laws; and for other purposes.

SB 374. By Senator Padgett of the 23rd:
A Bill to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles; so as to provide for the designation of a person to act in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member becomes unable to perform the duties of his office; and for other purposes.
SB 385. By Senator Broun of the 46th:
A Bill to provide that it shall be unlawful for any person, firm, or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any object or objects without having said object or objects secured to said vehicle; and for other purposes.

SB 397. By Senator Rowan of the 8th:
A Bill to amend Code Title 88 known as the "Georgia Health Code", etc.; so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; to repeal conflicting laws; and for other purposes.

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Fincher of the 51st and others:
A Bill to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall

MONDAY, FEBRUARY 2, 1970

851

continue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; to repeal conflicting laws; and for other purposes.

The Senate has agreed to the House amendments to the following Bill of the Senate, to-wit:

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th: A Bill to implement the provisions of the Federal Intergovernmental Cooperation Act of 1968 etc.; to change the name of the State Plan ning Bureau and further changes.
The Senate has passed by the requisite constitutional majority the fol lowing Bill of the Senate, to-wit:
SB 350. By Senators London of the 50th and Andrews of the 49th: A Bill to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; etc; to provide an effective date; to repeal conflicting laws and for other purposes.
By unanimous consent the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 1239. By Messrs. Funk of the 92nd, Battle of the 90th, Gignilliat of the 89th, Hill of the 94th, Jones of the 87th, Ellis of the 91st and Whaley of the 93rd: A Bill to be entitled an Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, so as to change provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; 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 115, nays 0.

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

852

JOURNAL OF THE HOUSE,

HB 1243. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, as amended, so as to change the clerical assistance allowance of the tax commissioner; 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1246. By Mr. Moate of the 28th: A Bill to be entitled an Act creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900 according to the official United States decennial census of 1960 or any future such census; 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 115, nays 0.

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

HB 1250. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating and establish ing a new charter for the Town of Einggold, so as to change the power of the mayor's court to impose sentences; 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 115, nays 0.

MONDAY, FEBRUARY 2, 1970

853

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

HB 1257. By Messrs. Pickard and Jones of the 84th, Buck of the 89th, Berry of the 85th, Thompson of the 85th and Davis of the 86th:
A Bill to be entitled an Act to amend an amendment to the Constitu tion of the State of Georgia creating the Columbus and Muscogee County Building Commission, so that said Commission shall hereafter be known as the "Columbus and Muscogee County Building Authority"; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to change the name of the Columbus and Mus cogee County Building Commission to the "Columbus and Muscogee County Building Authority"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The name of the Columbus and Muscogee County Build ing Commission is hereby changed to Columbus and Muscogee County Building Authority.
Section 2. The provisions of Section 1 are authorized in a Constitu tional Amendment ratified by the people and found in Georgia Laws 1966, p. 946.
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 1258. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Sheriff of

854

JOURNAL OF THE HOUSE,

Macon County on an annual salary in lieu of the fee basis of compen sation, etc.; 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 115, nays 0.

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

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee system of com pensation; etc.; 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 115, nays 0.
The Bill, having received the requisite constitutional majority was passed.
HB 1260. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of com pensation etc.; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1261. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act placing the Clerk of Superior Court of Macon County on an annual salary in lieu of the fee basis of com pensation; etc.; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 2, 1970

855

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 1262. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of com pensation, etc.; 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 115, nays 0.

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

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Macon County, etc.; so as to authorize the governing authority of Macon County to fix the salary of the judge and the solicitor of said Court within a certain salary range; 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 115, nays 0.

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

HB 1264. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act placing the Tax Col lector of Macon County on an annual salary in lieu of the fee basis of compensation; etc.; to repeal conflicting laws; and for other purposes.

856

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 115, nays 0.

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

HB 1272. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Gordon County upon an annual salary; so as to change 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 115, nays 0.

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

HB 1273. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gordon County upon an annual salary; so as to change the compen sation of the sheriff and 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.

HB 1283. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Treutlen County, Georgia on a salary system in lieu of the fee system of compensation; and for other purposes.

MONDAY, FEBRUARY 2, 1970

857

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 1291. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff and tax commissioner of Mclntosh County upon an annual salary, 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 115, nays 0.

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

HB 1294. By Mr. Shanahan of the 8th:
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 Gordon, as amended, so as to change the compensation of said 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.

HB 1299. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pavo, Georgia, as amended, so as to provide for an increase

858

JOURNAL OF THE HOUSE,

in the limitation on the salaries of councilmen from $3.00 per month to $20.00 per month; 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 617-1246. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; 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 XI, Section II, Paragraph II of the Constitu tion is hereby amended by adding to the end thereof the following:
"The first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary in creases as are thought by such grand jury to be necessary or de sirable. The recommendations shall be made a part of the grand jury's presentment, but shall have no binding effect upon the governing authority of the county or the General Assembly."
Section 2. The above proposed amendment to the Constitution 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 provide that the first Spalding County grand jury drawn in
NO ( ) 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are desirable?"

MONDAY, FEBRUARY 2, 1970

859

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 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 Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games
Gates Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cooper Crowe

D alley Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves Griffin 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 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. Leonard Levitas Lewis Longino Lowrey Marcus Mason

860
Matthews, D. K. Mauldin MeClatchey McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax Nash Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters

JOURNAL OF THE HOUSE,

Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey
Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simraons Sims Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles
Town send Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bostick Bowen Brantley, H. H. Bray Chandler Conner Cook DeLong Dodson Evans

Gaynor Hadaway Hale Hamilton Knapp Matthews, C. Maxwell McCracken Miller Murphy

Nessmith Nunn Paris Peterson Phillips, G. S. Pinkston Rowland Sherman Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

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

HR 618-1246. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 2, 1970

861

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article XI, Section II, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following:

"The first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary in creases as are thought by such grand jury to be necessary or desir able. The recommendations shall be made a part of the grand jury's presentment, but shall have no binding effect upon the governing authority of the county or the General Assembly."

Section 2. The above proposed amendment to the Constitution 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 provide that the first Fayette County grand jury drawn
NO ( ) in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are
thought to be necessary or desirable?"

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.

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

862
Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. E. Funk Gary Geisinger Gignilliat Grahl Graves Griffin Gunter Hargrett

JOUENAL OF THE HOUSE,

Harrington Harris, J. F. Harris, J. E. 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
Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. E. Mauldin McClatchey McDaniell Melton Merritt
Miles Milford Moate Moore

Morris Mullinax Nash Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. E. Pickard Poole Potts Rainey
Eeaves Eoach Eoss Eush Eussell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. E. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, E. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs. :

Bostick Bowen

Brantley, H. H. Bray

Chandler Conner

Cook
DeLong Dodson Evans Gaynor Hadaway
Hale Hamilton

MONDAY, FEBRUARY 2, 1970

863

Knapp
Matthews, C. Maxwell McCracken Miller Murphy
Nessmith Nunn

Paris
Peterson Phillips, G. S. Pinkston Rowland Sherman
Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

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

HR 639-1288. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing in dependent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; 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. That Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs to read as follows:
"The existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point are hereby merged into one school district coextensive with the existing City of LaGrange school district and the Troup County School district; and the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the cities within Troup County are hereby abolished. The merged school system and district shall constitute a new school district and shall be known as the LaGrange-Troup County School System; provided, however, the Board of Education, hereinafter created, shall have the authority to change the name of said school system to the Troup County School System.

864

JOURNAL OF THE HOUSE,

"The LaGrange-Troup County School System shall be a political subdivision of the State of Georgia, separate and apart from the political entities of the City of LaGrange and Troup County.

"The administration of said school system shall be vested in a Board of Education to be known as the LaGrange-Troup County Board of Education. Such Board shall be constituted of six (6) members, male or female, or some of each who at the time of their election shall be at least twenty-five (25) years of age and shall have been bona fide residents of the area comprising the LaGrange-Troup County school district for a period of not
less than four (4) years.

"Members of the Board shall be freeholders of good moral character with a good knowledge of the system of public education and a sound belief therein. Three (3) members of the School Board shall be residents of and elected from within the corporate limits of the City of LaGrange as the same may now or hereafter exist.

"Three (3) members shall be residents of and elected from within that area of Troup County without the corporate limits of the Cities of LaGrange, Hogansville and West Point. The election shall be by a majority vote of the qualified voters voting within the corporate limits of the City of LaGrange for the three members to be elected from LaGrange and shall be by a majority vote of the qualified voters voting within that area of Troup County without the corporate limits of the Cities of LaGrange, Hogansville and West Point for the three (3) members to be elected from Troup County. The term of office of each member shall be for a period of six (6) years, the terms to be staggered so that at least two (2) members will be elected each two (2)
years.

"All candidates for election to the LaGrange-Troup County Board of Education shall qualify for election in accordance with the provisions of the Georgia Election Code, and the election shall be held each two (2) years as a part of the General Election.

"In the event of a vacancy on said Board occasioned by death, resignation, or removal by any member of his residence from the district from which he was elected, or for any cause other than the expiration of such member's term of office, the remaining members of such Board shall elect his successor for the un-
expired term.

"In January of each year the Board shall elect a Chairman who shall be the chief executive officer of such Board of Educa tion and shall preside at all meetings of the Board of Education, and shall elect a Vice-Chairman, who shall perform the functions of the Chairman in his absence. The Board shall have the authority to elect such other officers as may be necessary to properly per form their functions.

MONDAY, FEBRUARY 2, 1970

865

"The LaGrange-Troup County Board of Education is au thorized to provide for the holding of such meetings, regular or special, as they may deem necessary for the proper conduct of such school system and the business thereof, and to make provisions for the time, place and manner of holding such meetings and conducting the same.

"The initial Board of Education for the LaGrange-Troup County School System shall consist of a six (6) member Board, which shall be appointed from the existing membership of the LaGrange Board of Education and the Troup County Board of Education in the following manner:

(a) The Mayor and City Council of the City of LaGrange shall appoint three (3) members from the existing City of LaGrange Board of Education. The first appointee shall serve for a term of six (6) years, his successor to be elected in the General Election in 1976. The second appointee shall each serve for a term of four (4) years, his successor to be elected in the General Elec tion in 1974. The third appointee shall serve for a period of two (2) years, his successor chosen in the General Election in 1972.

(b) The Board of Commissioners of Roads and Revenues of Troup County shall appoint three (3) members from the existing Troup County Board of Education. The first appointee shall serve for a term of six (6) years, his successor to be elected in the general Election in 1976. The second appointee shall serve for a period of four (4) years, his successor to be elected in the General Election in 1974. The third appointee shall serve for a term of two (2) years, his successor to be chosen in the General Election in 1972.

(c) The initial members to the LaGrange-Troup County Board of Education to be appointed as herein specified shall be named and announced during the month of January, 1971, but prior to Janu ary 26, 1971. Notwithstanding the effective date of the merger on July 1, 1971, the initial members of the LeGrange-Troup County Board of Education shall begin functioning as a Board not later than January 26, 1971, making the necessary plans and taking the necessary action for the merger on July 1, 1971, so that the transition to a merged system of schools can be effectively imple mented on that date.

"The LaGrange-Troup County School System is hereby au thorized and empowered to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes, in connection with the common schools, high schools, or any public educational program which is now or may be hereafter authorized by law under any of the procedures now in force or hereafter enacted by the General Assembly of Georgia.

"The said Board is hereby authorized and empowered to op erate, conduct and control a system of public schools within the

866

JOURNAL OF THE HOUSE,

district created, and the fiscal affairs thereof, including the right and authority to create indebtedness as may be authorized by the General Assembly not in conflict with this Constitution, including but not limited to, the right to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving the necessary school buildings and for acquiring the necessary property therefor; to contract and be contracted with, to purchase, own and hold real estate for educational purposes, and to sell and dispose of such real estate which is no longer needed for educa tional purposes; to appoint and employ teachers and fix their salaries; and to do all and every act as may be necessary for the proper maintenance and operation of a comprehensive system of education throughout the limits of the LaGrange-Troup County School District, and to have any and all powers which may now or hereafter be conferred upon County School Boards by the General Assembly of Georgia or by the Constitution of the State of Geor gia.

"The Board shall elect or employ a Superintendent of Educa tion and shall have authority to establish the length and term of the contract for such Superintendent and to fix the salary therefor. The Superintendent shall have such qualifications as may be prescribed by law and shall have had training and experience in school administration.

"Notwithstanding any other provision of this Constitution, the Board of Commissioners of Troup County, Georgia, or their successors in title and office, shall annually levy a tax for the support and maintenance of the LaGrange-Troup County School District upon all taxable property within the school district, in accordance with the amount allowed by law within the State of Georgia, such amount to be recommended by the Board of Educa tion annually to the levying authority, such levy to be uniform throughout the school district on all taxable property therein.

"The General Assembly in addition may authorize the City of LaGrange and the Board of Commissioners of Troup County to appropriate money from their general funds to the Board of Educa tion for educational purposes.

"Any properties owned by the Troup County Board of Educa tion or by the Board of Education of the City of LaGrange and used exclusively for school purposes, and any property owned by the City of LaGrange or by the Board of Commissioners of Troup County and used exclusively for school purposes shall, by the proper authorities and without any compensation, be deeded to and become the property of the LeGrange-Troup County School System and shall be held, managed and operated by the Board of Education of such School System.

"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding the other provisions of this Constitution or any general or special laws of

MONDAY, FEBRUARY 2, 1970

867

the State of Georgia. The General Assembly may, from time to time enact such legislation as may be necessary to carry into effect purposes and intent of this Constitutional Amendment and may from time to time make special Acts amending the Act or Acts enacted pursuant hereto.

"The specifications of certain powers herein are not intended to be exclusive, it being the intention hereof that all powers hereby
granted to the General Assembly and all powers to be granted by the General Assembly are to be liberally construed so as to effectu ate the general purpose of establishing and maintaining a compre hensive system of public education throughout the limits of the LaGrange-Troup County School District."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph 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 create the LaGrange-Troup County School System by merg-
NO ( ) ing the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point?"

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 Para graph of the Constitution, it shall become a part of the Constitution of this State.

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

868
Blalock Bohannon Bond Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.
Dent
Dickinson
Dixon
Dorminy
Douglas
Edwards
Egan
Ellis
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Geisinger
Gignilliat
Grahl
Graves
Griffin

JOURNAL OF THE HOUSE,

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 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.
Leonard
Le vitas
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Moate

Moore Morris Mullinax Nash Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins 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
Winkles
Williams
Wilson
Wood

MONDAY, FEBRUARY 2, 1970

869

Those not voting were Messrs.:

Bostick Bo wen
Brantley, H. H. Bray Chandler Conner Cook DeLong Dodson Evans

Gaynor Hadaway
Hale Hamilton Knapp Matthews, C. Maxwell McCracken Miller Murphy

Nessmith Nunn
Paris Peterson Phillips, G. S. Pinkston Rowland Sherman Vaughn Mr. Speaker

On adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
By unanimous consent, the following Bills of the Senate were read for the first time and referred to the committees:

SB 336. By Senator Broun of the 46th:
A Bill to be entitled an Act to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 350. By Senator London of the 50th:
A Bill to be entitled an Act to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; and for other purposes.
Referred to the Committee on Local Affairs.

870

JOURNAL OF THE HOUSE,

SB 362. By Senators Stephens of the 36th and Padgett of the 23rd:
A Bill to be entitled an Act to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and the wardens of all county and State prisons to arrange for temporary transfer of certain prisoners who have been convicted of crimes; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 363. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th, and Padgett of the 23rd:
A Bill to be entitled an Act to authorize the governing authorities and courts of each county and municipality to accept criminal fines in installments from those individuals unable to pay the full amount immediately; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Zipperer of the 3rd, and others:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall continue to allocate prisoners to and use the county public works camps and prisoners which meet certain cri teria; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 374. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles, so as to provide for the designation of a person to act in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member becomes unable to perform the duties of his office; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 385. By Senator Broun of the 46th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm, or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any object or objects without having said object or objects secured to said vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 2, 1970

871

SB 397. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a pa tient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

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, Monday, February 2, 1970 and submits the following:

HB

282. Motor Vehicles, exhaust, brakes, windshield wipers.

HB

348. Driver's Licenses, revocation.

HB

349. Motor vehicles, visual examinations.

HB

746. License Plates, pick-up trucks, station wagons.

HB

847. Employee compensation, two permanent injuries.

HB 1033. State Arborist Board, create.

HB 1063. Bail bond, person bound over to another court.

HB 1141. Firemen's Pension Fund, employees.

HR 560-1142. State Housing Goal, establish.

HB 1143. Urban Redevelopment Area, dispose of property.

HB 1144. Undeveloped Open Land, acquire, dispose.

HB 1145. Urban Development accept factory built housing.

HB 1146. Building Administrative Board, budget unit.

HB 1147. Planning and Development Commission, assistance.

HR 561-1147. Acquire and dispose of open land.

HB 1189. Motor vehicles, restrictions on wheels and tires.

HB 1227. Radar speed detection devices.

HB 1245. License plates, amateur radio stations.

HB 1270. Civil cases, competent witness, identify doctor bills. HB 1271. Bail, number of times permitted.

SB

26. Justices and Judges, salaries.

SB

293. Tobacco Advisory Board, membership.

872

JOURNAL OF THE HOUSE,

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,
Chairman.

The following Resolutions of the House were read and adopted:

HR 671. By Mr. Dickinson of the 118th:
A RESOLUTION
Honoring Douglas County in this, its centennial year; and for other purposes.
WHEREAS, Douglas County was created on October 17, 1870, by carving a total of 202 square miles from Carroll, Old Campbell, Paulding and Cobb Counties; and the prosperous and delightful area was named after Senator Stephen A. Douglas, who ten years before had debated Abraham Lincoln in an attempt to gain the Presidency of the United States; and
WHEREAS, Douglas County is one of the most thriving counties in the State: County of fine schools, churches, residences and industry; it has the most bountiful supply of water in all Georgia, and altitude at Douglasville, the county seat, is 1260 above sea level; the mean an nual temperature is 62 degrees and the average rainfall is approximate ly 49 inches; and
WHEREAS, from its beginning, the greatest resource of Douglas County has been its solid citizens, and it is for these citizens and their marvelous predecessors that the Douglas County Centennial will honor; and
WHEREAS, the Douglas County Centennial will feature on Friday, March 13, 1970, the Centennial Beauty Contest, at which time the love liest of the lovely will be chosen to reign over the remainder of the year's festivities; and
WHEREAS, on April 12, 13 and 14, the Chamber of Commerce Convention will be graced with a booth depicting Douglas County's history and future; and
WHEREAS, after that date there will be a horse show and major golf tournament; and
WHEREAS, on the weekend of July 4, 1970, there will be a banquet and parade honoring the fighting men of America; and

MONDAY, FEBRUARY 2, 1970

873

WHEREAS, during the week of October 17, 1970, there will be the traditional beard growing contest, and a countywide combined church service, which will be presided over by Dr. Theodore Phillips, Presi dent of Brewton-Parker College, Mt. Vernon, Georgia, and Douglas County High School will have its Homecoming football game; and

WHEREAS, during this week there will be a band festival with
fifty high school bands playing and marching in a mammoth parade; and

WHEREAS, on Saturday, October 17, 1970, exactly one hundred years from the day Douglas County was founded, there will be a large banquet to honor invited officials, including Georgia's two United States Senators, Georgia's ten members of Congress, all the State Constitutional officials, and a multitude of notable and exciting others.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby honors, commends and congratulates Douglas County on its one hundredth marvelous year of existence, and, further, this body sincerely wishes the residents of Douglas County future happiness and prosperity to exceed that which has been achieved in the last 100 golden years.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the members of the Douglas County Centennial Committee.

HR 677. By Mr. Johnson of the 29th:
A RESOLUTION
Wishing Mrs. Ethel Davey a very happy birthday on her 100th birthday; and for other purposes.
WHEREAS, Mrs. Ethel Davey, born on the third day of Febru ary, 1870, has graced and brought beauty and charm to this fine earth for one hundred years; and
WHEREAS, she was born in Lincoln County, then moved to Thomson, where she has lived for nearly a century, being the oldest living member of the City's First Baptist Church; and
WHEREAS, her great grandfather, Jeremiah Griffin, invented the stamp mill that is still used in mining gold; and
WHEREAS, her father was a gold mine owner in McDuffie County and a highly respected and admired farmer; and
WHEREAS, she has five children: Miss Lila Davey, Thomson; Mrs. Henry Hogan, Thomson; Mrs. John Samuels, Atlanta; Mrs. Ted Kel logg, Arlington, Virginia, and Mrs. Whitner Blount, Waynesboro; and

874

JOURNAL OF THE HOUSE,

WHEREAS, she has six grandchildren and seven great grand children.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby wishes the lovely Mrs. Ethel Davey a most happy and enjoyable birthday, and further, this Body sincerely wishes that she will have many, many wonderful re turns.

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable Bobby Johnson, Representative, 29th District, Post 2, in order that he can arrange for Mrs. Davey to receive it on her birthday.

The following communication from His Excellency, Governor Lester G. Maddox, was received:
EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta February 2, 1970
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 Constitution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the Regular Session of the General Assembly on March 26, 1969, and the adjournment of the Special Session of the General Assembly on June 13, 1969, 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 August 6, 1969, I granted a stay of execution in the case of the State of Georgia v. Joe Lingo, Jr. Lingo was sentenced to death by electrocution on August 8, 1969, after conviction of Murder in the Superior Court of Lowndes County. The sentence was stayed for a period of sixty days in order that the State Board of Pardons and Paroles could have sufficient time to conduct an investigation, hold a hearing and pass upon said case.

MONDAY, FEBRUARY 2, 1970

875

On November 21, 1969, I granted a stay of execution in the case of the State of Georgia v. John Henry Mitchell. Mitchell was sentenced to death by electrocution on November 26, 1969, after conviction of Rape in the Superior Court of DeKalb 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.

On January 8, 1970, I granted a stay of execution in the case of the State of Georgia v. Lucious Jackson, Jr. Jackson was sen tenced to death by electrocution on January 9, 1970, after convic tion of Rape in the Superior Court of Chatham County. The sen tence 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.

LM:wd

Sincerely, /s/ Lester Maddox
Governor

Mr. Lewis of the 37th moved that the following Resolution of the House be taken from the table and restored to its appropriate place on the calendar:

HR 555-1121. By Messrs. Lewis of the 37th and Salem of the 51st:
A Resolution relative to local control of public education; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Battle Berry Black Blalock Bostick Bowen
Brantley, H. L. Bray Brown, C. Buck Busbee

Games Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Dailey
Davis, E. T. Davis, W. Dixon Dorminy Douglas

Edwards Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl
Griffin Gunter Hadaway Hargrett Harrington

876

JOURNAL OF THE HOUSE,

Harrison Hill, G. Holder Howell Hudson Joiner Jones, C. M. Jones, Herb Keyton Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Matthews, D. R. Mauldin Melton

Miles Milford Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Parker, H. W. Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves

Roach Rush Russell Salem Scarborough Scarlett Simkins Simmons Smith, V. T. Sweat Thompson, R. Toles Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles

Those voting in the negative were Messrs.:

Alexander Barfield Bennett Bond Brantley, H. H. Brown, B. D. Burruss Gates Conner Cook Crowe Daugherty Dean, J. E. Dent Egan Ezzard

Farmer Farrar Graves Harris, J. F. Harris, J. R. Harris, R. W. Hawes Hill, B. L. Hood, J. Horton Jones, M. Jordan, G. Kreeger
Lee, W. J. (Bill) Marcus Matthews, C.

McClatchey McDaniell Merritt Moate Morris Odom Peters Ross Shanahan Shepherd Sims Snow Thomason Thompson, A. W. Townsend Wilkerson

Those not voting were Messrs.:

Ballard Barber Bell Bohannon Brooks Caldwell Chandler Collier Cooper Dean, N. DeLong

Dickinson Dodson Ellis Evans Fallin Felton Hale Hamilton Henderson Higginbotham Housley

Hutchinson Johnson Jordan, H. S. Keen Knapp Levitas Lowrey Mason Maxwell McCracken Miller

MONDAY, FEBRUARY 2, 1970

877

Paris Parker, C. A. Peterson Pinkston Rowland

Sherman Smith, J. R. Sorrells Whaley Williams

Wilson Wood Mr. Speaker

On the motion, the ayes were 101, nays 48.
The motion prevailed and HR 555-1121 was taken from the table and placed on the calendar.
Mr. Blalock of the 30th wished to be recorded as voting "aye" on the motion.
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 847. By Messrs. Hargrett of the 58th and Battle of the 90th: A Bill to be entitled an Act to amend Code Section 114-410, relating to two permanent injuries, as amended, so as to change the maximum amount of compensation which an employee who receives two per manent injuries may receive; 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 101, 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 Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 1227. By Messrs. Williams of the llth, Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd and others: A Bill to be entitled an Act to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as

878

JOURNAL OF THE HOUSE,

to prohibit the use of radar speed detection devices; and for other pur poses.

The following amendment was read and adopted:
Mr. Jordan of the 55th moves to amend HB 1227 by adding the following to Section 5, line 12, after the word "sign":
Said sign shall be at least 30 inches by 30 inches.

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 Atherton Barber Barfield Battle Berry Blalock Bohannon Bostick Brantley, H. H. Bray
Brown, C. Buck Burruss Games Clarke Cole Connell Conner Cook Cooper Crowe Daugherty Dean, N. Dent Douglas Ellis Fallin Felton Funk

Gaynor Geisinger Gignilliat Grahl Graves Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Holder Hood Horton Housley Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Keen Knowles Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino

Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Mullinax Nash Northcutt Nunn Paris Patterson Phillips, G. S. Phillips, L. L. Poole Potts Rush Salem Scarlett Shanahan Shepherd Simkins Sims Smith, J. R. Smith, V. T. Sorrells Thomason

MONDAY, FEBRUARY 2, 1970

879

Thompson, A. W. Thompson, E. Toles Town send

Vaughn Whaley Wheeler, Bobby Wheeler, J. A.

Williams Wilson Wood

Those voting in the negative were Messrs.:

Ballard Bennett Black Collins, M. Collins, S. Conger Dailey Davis, E. T. Davis, W.

Dorminy Evans Ezzard Farmer Floyd, J. H. Floyd, L. R. Griffin Higginbotham Hudson

Jordan, G. Lane, Dick Lane, W. J. Lewis Murphy Parker, H. W. Ross Westlake

Those not voting were Messrs.:

Adams Bell Bond Bowen Brantley, H. H. Brooks Brown, B. D. Busbee Caldwell Gates Chandler Collier Colwell Dean, J. E. DeLong Dickinson Dixon Dodson Edwards Egan Farrar Gary

Hadaway Hale Hamilton Hargrett Hill, B. L. Hill, G. Howell Hutchinson Jordan, H. S. Keyton Knapp Lowrey Matthews, D. R. McCracken Merritt Miller Moate Moore Morris Nessmith Odom Pafford

Parker, C. A. Peters Peterson Phillips, W. R. Pickard Pinkston Rainey Reaves Roach Rowland Russell Scarborough Sherman Simmons Snow Sweat Wamble Ware Wilkerson Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 104, nays 26.

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

Mr. Davis of the 86th stated that he had inadvertently cast a vote of "nay" but had intended to vote "aye" on HB 1227, as amended.

880

JOURNAL OP THE HOUSE,

HB 1245. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing for issuance of special license tags to motor vehicles who operate amateur radio sta tions, so as to provide that such tags may be issued for pick-up trucks and station wagons; 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.

HR 560-1142. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A RESOLUTION
Affirming the National Housing Goal and calling for the establish ment of a State Housing Goal; and for other purposes.
WHEREAS, the Federal Housing and Urban Development Act of 1968 reaffirmed the national housing goal expressed in the Federal Housing Act of 1949 of, "the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family"; and
WHEREAS, the State of Georgia should affirm this goal and actively undertake activities in its support; and
WHEREAS, there has been no substantial improvement in meeting Georgia's housing needs since 1960 when less than 60 per cent of all units were considered to be standard and sound and almost one-half million units were below standard; and
WHEREAS, a great number of these substandard units have been demolished without being replaced since most cleared land was used for commercial and industrial purposes; and
WHEREAS, the Federal Housing Act of 1969 requires that hous ing units be provided in areas where units will be demolished or re moved as a result of urban renewal projects; and
WHEREAS, there is a critical housing shortage in Georgia in both urban and rural areas, and the State should lend its full support

MONDAY, FEBRUARY 2, 1970

881

to the achievement of the national housing goal by establishing a State Housing Goal.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the National Housing Goal is hereby affirmed and supported and that the Governor is hereby authorized and directed to develop a State Housing Goal, and shall prepare a State Housing Goal Report for presentation to the General Assembly at each regular session of the General Assembly. Said report shall identify housing needs and housing accomplishments and outline plans for achieving the State Housing Goal.

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 Lester Maddox, Governor of the State of Georgia, Honorable Richard M. Nixon, President of the United States, Honorable George L. Romney, Secretary, Federal De partment of Housing and Urban Development, and to each member of the Georgia Delegation to the United States Congress.

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 Barber Barfield Battle Bennett Berry Bohannon Bond Bostick
Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates

Clarke Cole Conger Connell Cook Crowe Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent
Dixon Douglas Edwards
Egan Ellis Ezzard Farmer Farrar Felton Gary Gaynor

Geisinger Gignilliat Grahl Graves Griffin Hadaway Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes
Henderson Bill, B. L. Hood
Horton Housley Howell Johnson Joiner Jones, C. M. Jones, Herb Jones, M.

882

JOURNAL OF THE HOUSE,

Jordan, G. Keyton Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Marcus Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Merritt Miles Milford Moate

Morris Mullinax Nash Nunn Odom Pafford Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan

Shepherd Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wilson

Those voting in the negative were Messrs.:

Adams Black Bowen Collins, M. Collins, S. Dailey

Dorminy Floyd, J. H. Floyd, L. R. Harrington Hudson Keen

Lane, W. J. Mauldin Moore Northcutt Patterson Reaves

Those not voting were Messrs.:

Ballard Bell Blalock Brooks Chandler Collier Colwell Conner Cooper Davis, W. DeLong Dickinson Dodson Evans Fallin Funk

Gunter Hale Hamilton Hargrett Higginbotham Hill, G. Holder Hutchinson Jordan, H. S. Knapp Lowrey Mason Maxwell McCracken Miller Murphy

Nessmith Paris Parker, C. A. Parker, H. W. Peterson Pinkston Rowland Sherman Smith, J. R. Wamble Ware Westlake Williams Wood Mr. Speaker

MONDAY, FEBRUARY 2, 1970

883

On the adoption of the Resolution, the ayes were 130, nays 18.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to authorize Area Planning and Develop ment Commissions to undertake certain activities to facilitate the de velopment of housing, and in connection therewith, to authorize said Commissions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; 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 Ballard Barber Battle Berry Black Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Clarke Cole Colwell

Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dent Dixon Edwards Egan Ellis Ezzard Farmer Farrar Felton Gaynor Geisinger Gignilliat Graves Griffin Hadaway

Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Johnson Joiner Jones, C. M. Jones, Herb
Jones, M. Keyton Lambert Lee, W. S. Leonard Levitas Lewis
Lowrey

884
Marcus Maxwell McClatchey McDaniell Melton Merritt Miles Miller Moate Mullinax Nunn Pafford Paris

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L. Pickard Poole Rainey Roach Rush
Russell Scarborough Shanahan Shepherd Simmons Sims

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W.
Thompson, R. Toles Town send Vaughn Wamble Wheeler, Bobby Wilson

Those voting in the negative were Messrs.:

Adams Atherton Bennett Collins, S. Davis, W. Dorminy Douglas Ployd, J. H. Floyd, L. R. Gary Grahl Harrington

Hudson Jordan, G. Keen Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Matthews, D. R. Mauldin Milford Morris

Murphy Northcutt Patterson Potts Ross Simkins Westlake Whaley Wilkerson Winkles

Those not voting were Messrs.:

Barfield Bell Bohannon Brooks Burruss Chandler Collier Collins, M.
Cooper
Dean, N.
DeLong
Dickinson
Dodson
Evans
Fallin
Funk
Gunter

Hale Hamilton Hargrett Harrison Higginbotham Hutchinson Jordan, H. S. Knapp
Longino
Mason
Matthews, C.
McCracken
Moore
Nash
Nessmith
Odom
Parker, C. A.

Parker, H. W. Peters Peterson Phillips, W. R. Pinkston Reaves Rowland Salem
Scarlett
Sherman
Smith, J. R.
Ware
Wheeler, J. A.
Williams
Wood
Mr. Speaker

On the passage of the Bill, the ayes were 111, nays 34.

MONDAY, FEBRUARY 2, 1970

885

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

Mr. Dean of the 19th wished to be recorded as voting "aye" on the passage of HB 1147.
HB 1270. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Chapter 38-7, relating to private writings as evidence so as to provide who shall be a compe tent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; to repeal con flicting 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 Ballard Barber 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

Cole Collins, M. Collins, S. Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Douglas Edwards Egan Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary

Geisinger Grab! Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley
Hudson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Keyton

886

JOURNAL OF THE HOUSE,

Knowles Kreeger Lambert 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 McDaniell Melton Merritt Miles Milford Miller

Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough

Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W.
Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wilson

Voting in the negative was Mr. Gaynor.

Those not voting were Messrs.:

Barfield Bell Chandler Clarke Collier Cooper Dean, J. E. DeLong Dickinson Dodson Ellis Evans Ezzard Funk

Gignilliat Hale Hamilton Higginbotham Howell Hutchinson Jones, M. Jordan, H. S. Keen Knapp Mason McCracken Moate Moore

Nunn Parker, C. A. Parker, H. W. Peterson Pickard Pinkston Rowland Scarlett Sherman Whaley Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 2, 1970

887

SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act regulating the sale of flue-cured tobacco in this State, approved Mar. 7, 1960 (Ga. L. 1960, p. 214), as amended, by an Act approved Apr. 10, 1968 (Ga. L. 1968, p. 1242), so as to change the membership of the Tobacco Ad visory Board, and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act regulating the sale of fluecured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1242), so as to change the membership of the Tobacco Advisory Board; to provide that the Commissioner of Agriculture in selecting the new members of the Board shall strive to give the Board geographical bal ance; to provide that all members of the Board shall be bona fide resi dents of the State of Georgia; to provide that the Commissioner of Agriculture shall send one legislative member and one farmer mem ber of the Board to the meetings of the Board of Governors of the Bright Belt Warehouse Association; to provide that the Georgia Com missioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence concerning the opening date of the tobacco selling season; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1242), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows:
"Section 8. To aid in the administration of this Act, there is hereby created an Advisory Board to be composed of twelve (12) members. Three (3) members are to be members of the House of Representatives to be appointed by the Speaker of the House, and two (2) members are to be members of the Senate to be appointed by the President of the Senate. The members of the General Assembly shall be appointed from those members who are tobacco producers or in the absence of such producers in the General Assembly such members may be appointed from the mem bers of the General Assembly who represent the flue-cured leaf tobacco producing counties and districts of this State. One (1) member shall be the Commissioner of Agriculture, ex officio, or his representative, who shall be Chairman of the Board. One (1) member shall be the President of the Georgia Farm Bureau Federa-

888

JOURNAL OF THE HOUSE,

tion, or his representative. One (1) member shall be a member of the Georgia Flue-Cured Tobacco Warehousemen's Association
to be appointed by the President of that Association. Four (4) members shall be flue-cured leaf tobacco farmers to be appointed by the Commissioner of Agriculture. The Commissioner in select ing the four (4) tobacco farmer members shall strive to give the Board geographical balance so that all flue-cured tobacco produc ing areas of the State will be represented on the Board. All members of the Board shall be bona fide residents of the State of Georgia. The appointive members shall serve at the pleasure of the appointing officer. The members of the General Assembly shall receive the per diem and expense allowance provided for commit tee work of the General Assembly and such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the Board shall be compensated in the amount of $15.00 per day for each day in attendance of the duties of the Board and shall be reimbursed for the necessary expenses incurred in the performance of his duties from the funds of the Department of Agriculture. The Commis sioner shall be reimbursed for his expenses incurred in the per formance of his duties. The members of the Board shall not re ceive the per diem provided herein for more than seven (7) days per year."

Section 2. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9, to read as follows:

"Section 9. The Board shall meet in June of each year, or upon the call of the Chairman, to survey the condition of the to bacco crop and recommend an opening date of the marketing sea son. The Chairman shall determine the time and place of the meeting. The Board shall recommend to the Commissioner a date for the opening of the tobacco marketing season. The Georgia Commissioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence as to the opening date best suited to meet the needs of the Florida flue-cured tobacco producers. The Commis sioner shall cause two (2) members of the Tobacco Advisory Board to attend the meeting of the Board of Governors of the Bright Belt Warehouse Association to make known the recommen dations as to the opening of the marketing season in Georgia. One (1) of these members shall be a legislative member and the other member a tobacco farmer member of the Board. The Com missioner shall determine and announce the opening date of the tobacco marketing season in this State. If any licensee shall hold a sale prior to the date determined by the Commissioner, the license of the licensee shall stand revoked and shall not be rein stated or reissued in the calendar year of the revocation. The rev ocation provided herein shall be in addition to the other penalties provided for the violation of this Act. It is the intent and purpose of this Section to provide a procedure for the fixing of the open ing date of the tobacco marketing season and to place the final authority to fix said date in the Commissioner of Agriculture."

MONDAY, FEBRUARY 2, 1970

889

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 Ballard Barber Battle Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. L. Brooks Brown, C. Buck Busbee Carnes Gates
Clarke
Cole
Collins, M.
Colwell
Conger
Connell
Cook
Crowe
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dixon
Dodson

Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farmer Farrar Floyd, J. H. Funk Gaynor Gignilliat Grahl Graves Griffin Hadaway Hargrett Harrington Harris, J. F.
Harris, J. R.
Harris, R. W.
Harrison
Henderson
Hill, B. L.
Hill, G.
Holder
Hood
Horton
Housley
Hudson
Johnson
Joiner
Jones, Herb
Jones, M.
Keyton

Knowles Kreeger 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 McClatchey McDaniell Melton Merritt Miles
Milford
Miller
Moore
Morris
Mullinax
Murphy
Nash
Nessmith
Northcutt
Nunn
Odom
Pafford
Paris
Parker, H. W.
Patterson
Peters

890
Phillips, G. S. Phillips, L. L. Phillips, W. B. Poole Potts Rainey Reaves Roach Rush Russell Salem Scarlett

JOURNAL OF THE HOUSE,

Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, R. Toles

Town send Vaughn Wamble Ware
Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles
Wilson

Those voting in the negative were Messrs.

Collins, S. Floyd, L. R.

Geisinger Sorrells

Those not voting were Messrs.:

Atherton Barfield Bell Bond Brantley, H. H. Bray Brown, B. D. Burruss Caldwell Chandler Collier Conner Cooper Dean, J. E. DeLong Dickinson Evans'

Felton
Gary Gunter Hale Hamilton Hawes Higginbotham Howell Hutchinson Jones, C. M. Jordan, G. Jordan, H. S. Keen Knapp Lambert Lewis Mason

McCracken Moate Parker, C. A. Peterson Pickard Pinkston
Ross Rowland Scarborough Sherman Thompson, A. W. Whaley Williams Wood Mr. Speaker

On the passage of the Bill by substitute, the ayes were 142, nays 4.

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

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act providing for the is suance of automobile license tags to disabled veterans, so as to provide for the issuance of such license tags for pickup trucks and station wagons; and for other purposes.

MONDAY, FEBRUARY 2, 1970

891

The following amendment was read and adopted:

Mr. Simkins of the 78th moves to amend HB 746 by striking Sec tion 2 in its entirety and renumbering succeeding sections accordingly,

and by Striking from Section 3 the figures "1970" and inserting in lieu thereof "1971".

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 Ballard Barber Battle Berry Black Blalock Bond Bostick Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cole 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 Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Hill, B. L. Hood

Horton Housley Hudson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton 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 McDaniell Melton Merritt Miles Milford Mullinax Murphy

892
Nash Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Reaves

JOURNAL OF THE HOUSE,

Roach Ross Rush Russell Salem Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason

Thompson, A. W. Toles Town send Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Atherton Barfield Bell Bennett Bohannon Bowen Brantley, H. H. Brantley, H. L. Chandler Clarke Collier DeLong Dickinson Dodson Farrar Hadaway

Hale Hamilton Harris, J. R. Hawes Higginbotham Hill, G. Holder Howell Hutchinson Johnson Jordan, H. S. Knapp Lambert Maxwell McCracken Miller

Moate Moore Morris Nessmith Parker, C. A. Peterson Pinkston Rainey Rowland Scarborough Sherman Smith, J. R. Thompson, R. Whaley Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 0.

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

HB 1141. By Messrs. Carnes of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth, and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", etc.; so as to authorize employees of the Firemen's Pension Fund to be come members of said fund for the purpose of receiving pension bene fits only; and for other purposes.

MONDAY, FEBRUARY 2, 1970

893

By unanimous consent, further consideration of HB 1141 was postponed until tomorrow, February 3, 1970, immediately after the period of unanimous consent.

Mr. Pafford of the 64th 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.

894

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 3, 1970

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. 0. L. Stokes, Pastor, First As sembly of God, Tifton, Georgia:
Our Father, we bow our hearts in humble gratitude for the privilege that is ours to approach Thy throne, and for the opportunity that is ours to share today with these who have been chosen to serve in the capacity of leadership and law-making in our great state.
This is a tremendous responsibility and none has ever been able to do a successful job without divine enablements that come from above. But, as we read the accounts of those who have preceded us we can recognize clearly that as men sought You for guidance You have re flected light upon their path, and poured strength in their hearts. When men have needed wisdom you granted it. When law-makers have faced mountains of difficulties you brought their mountains down. So, as we look in the past our hearts are inspired to have faith for the now and for the future.
So we stand here today in this intersanctum of law, for law is or dained of God and we ask that You help these men. . . . they need Your help. The task is too great to stand in their strength alone. They need divine guidance in the affairs of economics, they need guidance in the domestic affairs, they need guidance in the affairs of education. Give to them understanding hearts full of wisdom and truth, and lead them by Your Spirit,
In Christ's name I pray,
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.

TUESDAY, FEBRUARY 3, 1970

895

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 Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Games of the 104th, Ezzard of the 102nd, and others:
A Bill to be entitled an Act to amend an Act authorizing the Clerk of the Superior Court of any County of the State to install and use photostatic equipment or other photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.
Referred to the Committee on Judiciary.

HB 1389. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th, Games of the 104th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend Section 92-6201 of the Code of Georgia, relating to the time to make tax returns which said amend ment shall be applicable to all counties having therein the greater part of a city having a population of more than 400,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Games of the 104th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to authorize the State Department of Archives and History to study the problem of record-keeping in Fulton County and to make recommendations to the governing authorities and the various officers and department heads, including the tax authorities

896

JOURNAL OF THE HOUSE,

of Fulton County and to make recommendations on the reduction and management of records; and for other purposes.
Referred to the Committee on Judiciary.

HB 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th, Games of the 104th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend an Act to provide a uniform County Commissioners law for such counties as may require a Commis sion form of government, so as to provide that no person shall he County Manager before he shall have attained his twenty-fifth birthday; to provide a period of probation of twelve months for any newly appointed County Manager, during which time he may be discharged without cause, and without the right of hearing; and for other purposes.
Referred to the Committee on Judiciary.

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Carnes of the 104th, Ezzard of the 102nd, Gates of the 95th, Shepherd of the 107th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to change designation of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attorney," respectively; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1393. By Messrs. Harris and Farrar of the 77th, Westlake, Davis, Floyd and Higginbotham of the 75th, Morris of the 73rd, Collins of the 72nd and others:
A Bill to be entitled an Act to provide for and regulate the payment out of the county treasuries of the circuit of official court reporters of the Superior Courts in judicial circuits of this State having therein a county of not less than 250,000 population and not more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1394. 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; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1395. By Mr. Hargrett of the 58th: A Bill to be entitled an Act to amend Code Section 26-2309, relating to

TUESDAY, FEBRUARY 3, 1970

897

enforcement of the separation of powers provision of the Constitution, so as to clarify the words "clerks" does not apply to Clerks of the Superior Courts; and for other purposes.
Referred to the Committee on Judiciary.

HB 1396. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide for the manner of appointment of members of the Board of the Wayne County Hospital Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1397. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1398. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, so as to change the compensation of the mayor and city commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1399. By Mr. Douglas of the 42nd: A Bill to be entitled an Act to amend an Act placing the sheriff of John son County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of the deputy sheriff of Johnson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1400. By Mr. Phillips of the 50th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners, so as to change the compensation of the clerk of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1401. By Mr. Dailey of the 53rd: A Bill to be entitled an Act to amend an Act creating a new charter

898

JOURNAL OP THE HOUSE,

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.

HB 1402. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to provide for an increase in fines and other punishment for all offenses against the ordinances of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1403. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to provide for the disposition of insolvent costs from fines and forfeitures arising from traffic cases in certain counties; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1404. 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 of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1405. By Messrs. Carnes of the 104th and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 30-127, relating to custody of children, so as to change the age at which a child shall have the right to select the parent with whom he desires to live; and for other purposes.
Referred to the Committee on Judiciary.

HB. 1406. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to prohibit the State Revenue Commissioner or any of his county tag agents from issuing a license tag for any motor vehicle unless the owner thereof provides written evidence that he has then in force a liability insurance policy covering said motor vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1407. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act providing for the compen-

TUESDAY, FEBRUARY 3, 1970

899

sation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1408. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Hinesville, so as to change the salary of the Solicitor of said Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1409. By Mr. Jones of the 59th:
A Bill to be entitled an Act to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1410. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Hinesville, so as to change the salary of the judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1411. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change such supplemental com pensation ; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1412. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Liberty County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1413. By Messrs, Harris of the 77th and Games of the 104th:
A Bill to be entitled an Act to amend an Act applying to counties having a population of not less than 300,000 and directing the county commis-

900

JOURNAL OF THE HOUSE,

sioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.

.HB 1414. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Levitas, Thomason of the 77th, Geisinger of the 72nd, Bell of the 73rd and others:
A Bill to be entitled an Act to amend Code Section 92-6201, relating to the time for making tax returns, so as to provide that the tax commis sioner of any county of this State having a population of not less than 250,000 nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1415. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Thomason and Levitas of the 77th, Geisinger of the 72nd, Bell of the 73rd and others:
A Bill to be entitled an Act to repeal an Act entitled "Revision and Com pletion of Tax Assessments in certain counties"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1416. By Messrs. Smith of the 3rd, Adams of the 100th and Carnes of the 104th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the registration and regulation of cemeteries . . .", so as to provide that the assets of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 672-1416. By Messrs. Roach and Harris of the 10th:
A Resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton, Ga. easements for the con struction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Cherokee County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 673-1416. By Mr. Hargrett of the 58th: A Resolution compensating Mr. James West; and for other purposes.
Referred to the Committee on Appropriations.

TUESDAY, FEBRUARY 3, 1970

901

HR 674-1416. By Mr. Colwell of the 5th:
A Resolution compensating Mr. James R. Ledford; and for other purposes.
Referred to the Committee on Appropriations.

HR 675-1416. By Mr. Colwell of the 5th:
A Resolution compensating Mr. James W. Fields; and for other purposes.
Referred to the Committee on Appropriations.

HR 676-1416. By Mr. Colwell of the 5th: A Resolution compensating Mr. V. E. Sisk; and for other purposes.
Referred to the Committee on Appropriations.

HB 1417. By Messrs. Snow and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1418. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing certain county offi cers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, and tax collector, the ordinary, and the coroner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1419. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee basis, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1420. By Messrs, Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act repealing an Act creating a commissioner of roads and revenues for McDuffie County and creating a three-member board of commissioners of roads and revenues for Me-

902

JOURNAL OF THE HOUSE,

Duffie County, so as to change the compensation of the chairman and members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.

HR 678-1420. By Mr. Kreeger of the 117th: A Resolution compensating Mrs. J. A. Aguirre; and for other purposes.
Referred to the Committee on Appropriations.

HB 1421. By Messrs. Ware of the 30th, Gignilliat of the 89th, Wood of the llth, Russell of the 70th, Crowe of the 1st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act", so as to change the qualifications of the Adjutant General; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 1422. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize and empower the board of county commissioners in certain counties of this State to prescribe, im pose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admission to places of amusement, sport or entertain ment; and for other purposes.
Referred to the Committee on Local Affairs.

HR 679-1422. By Mr. Knowles of the 22nd: A Resolution compensating Harold B. Self, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 680-1422. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the name of said Court to the "Civil and Criminal Court of Worth County" and to provide

TUESDAY, FEBRUARY 3, 1970

903

that said court shall have jurisdiction to try and dispose of certain criminal cases; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1424. By Messrs. Rainey and Bowen of the 47th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Sylvester, so as to authorize said city to extend its elec tric-power lines, water mains, sewerage service lines, and natural gas lines beyond the corporate limits of the City of Sylvester and to serve customers on mains and lines so extended at rates fixed by it; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1425. By Messrs. Rainey and Bowen of the 47th: A Bill to be entitled an Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1426. By Messrs. Rainey and Bowen of the 47th: A Bill to be entitled an Act to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine and forfeiture fund of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HR 681-1426. By Mr. Gunter of the 6th: A Resolution compensating Mr. Everett F. Kitchen; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time.
HB 1379. By Mr. Phillips of the 50th: A Bill to be entitled an Act to provide that whenever an automobile is sold at auction, and the auctioneer has described the automobile as being in "good condition" it shall be unlawful for the automobile to be sold "as is" or "with all faults" or with other language or symbols which exclude all warranties; and for other purposes.

904

JOURNAL OF THE HOUSE,

HR 668-1379. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corpora tion, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situate in Baldwin County; and for other purposes.

HB 1380. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to provide certain requirements relative to certain petitions; and for other purposes.
HB 1381. By Mr. Moore of the 6th: A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia, incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City Limits of said City; and for other purposes.
HB 1382. By Mr. Games of the 104th: A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar business, so as to provide that in certain counties with populations of 500,000 or more, the governing authorities thereof shall impose a tax, not to exceed $100 on each person who prac tices astrology for a fee or who accepts donations therefor; and for other purposes.
HB 1383. By Messrs. Nunn and Peterson of the 41st: A Bill to be entitled an Act to provide for the creation of an additional judgeship for the Macon Circuit; and for other purposes.
HB 1384. By Mr. Pickard of the 84th: A Bill to be entitled an Act to amend an Act regulating intrastate pipe line systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions; and for other purposes.
HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation of the members of said Board; and for other purposes.

TUESDAY, FEBRUARY 3, 1970

905

HR 669-1385. By Messrs. Nunn and Peterson of the 41st:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes.

HB 1386. By Messrs. Lee, Odom, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of Superior Court of Baker County, known as the fee system; and for other purposes.

HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Baker County, so as to change the compensation of the members of the Board; and for other purposes.

SB 336. By Senator Broun of the 46th:
A Bill to be entitled an Act to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; and for other purposes.

SB 350. By Senator London of the 50th:
A Bill to be entitled an Act to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting felony cases; and for other purposes.

SB 362. By Senators Stephens of the 36th and Padgett of the 23rd:
A Bill to be entitled an Act to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and the wardens of all county and State prisons to arrange for temporary transfer of certain prisoners who have been convicted of crimes; and for other purposes.

SB 363. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th, and Padgett of the 23rd:
A Bill to be entitled an Act to authorize the governing authorities and courts of each county and municipality to accept criminal fines in in stallments from those individuals unable to pay the full amount im mediately; and for other purposes.

906

JOURNAL OF THE HOUSE,

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Zipperer of the 3rd, and others:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall continue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; and for other purposes.

SB 374. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles, so as to provide for the designa tion of a person to act in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member becomes unable to perform the duties of his office; and for other purposes.

SB 385. By Senator Broun of the 46th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm, or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any object or objects without having said object or objects secured to said vehicle; and for other purposes.

SB 397. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; 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 Bill

TUESDAY, FEBRUARY 3, 1970

907

of the House and has instructed me to report same back to the House with the following recommendations:

HB 1340. Do Pass by Substitute.

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 and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HR 652-1322. Do Pass.

HB 1343. Do Pass.

HB 1380. Do Not Pass.

HB 1297. Do Pass as Amended.

HB

921. Do Pass.

HB

769. Do Pass by Substitute.

HR 643-1300. Do Pass.

SB

319. Do Pass.

SB

320. Do Pass.

HB 1363. Do Pass.

HB 1288. Do Pass.

Respectfully submitted, Harris of the 77th, Chairman

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

908 Mr. Speaker:

JOURNAL OF THE HOUSE,

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 1306. Do Pass. HB 1310. Do Pass. HB 1311. Do Pass. HB 1315. Do Pass. HB 1316. Do Pass. HB 1317. Do Pass. HB 1330. Do Pass. HB 1331. Do Pass as Amended. HB 1332. Do Pass as Amended. HB 1333. Do Pass as Amended. HB 1334. Do Pass. HB 1344. Do Pass. HB 1347. Do Pass. HB 1362. Do Pass. HR 651-1314. Do Pass. HR 665-1368. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman

Mr. Lambert of the 25th, Vice-Chairman of the Committee on Rules, sub mitted 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:

TUESDAY, FEBRUARY 3, 1970

909

SR 205. Do Pass.

Respectfully submitted, Lambert of the 25th, Vice-Chairman

Mr. Smith of the Third, Chairman of the Committee on Sanitation and Hygiene, submitted the following report:

Mr. Speaker:

Your Committee on Sanitation & Hygiene has had under consideration the following Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HR 659-1345. Do Pass.

HB

223. Do Pass by Substitute.

HB

683. Do Pass.

HB

327. Do Pass.

HB 1287. Do Pass.

Respectfully submitted, Smith of the 3rd, Chairman

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 and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 1354. Do Pass.

HR 667-1378. Do Pass.

HB

867. Do Pass by Substitute.

910
HB HB HB HB HB SB

JOURNAL OF THE HOUSE,
1012. Do Pass. 1342. Do Pass. 1308. Do Pass. 1043. Do Pass. 1284. Do Pass as Amended.
74. Do Pass as Amended.
Respectfully submitted, McClatchey of the 113th, Chairman

Mr. Colwell of the 5th, Chairman of the Committee on State Institutions & Properties, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Properties has had under considera tion the following Bills of the House and has instructed me to report same back to the House with the following recomendations:
HB 1199. Do Pass by Substitute. HB 1200. Do Pass by Substitute.
Respectfully submitted, Colwell of the 5th, Vice-Chairman

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

HB 1331. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County on an annual salary, as amended, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.

The following Committee amendment was read and adopted:

TUESDAY, FEBRUARY 3, 1970

911

The Committee on Local Affairs moves to amend HB 1331 as follows:

By striking from quoted Section 2 of Section 1, line 19, page 1, the figure "1971" and inserting in lieu thereof the figure "1972".

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 120, nays 0.

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

HB 1332. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to fix the compensation of the clerk of the superior court of Stephens County; to provide for employees of the clerk; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1332 as follows:
By striking from Section 2, line 28, page 1, the figure "1971" and inserting in lieu thereof the figure "1972".

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 120, nays 0.

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

HB 1333. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Stephens County; to provide in lieu thereof an annual salary; to provide for the operating expenses of said office; to provide

912

JOURNAL OF THE HOUSE,

for the employment of assistants and all required personnel; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1333 as follows:
By striking from Section 2, page 1, the following:
"$8,500.00, payable in equal monthly installments from funds of Stephens County.",
and inserting in lieu thereof the following:
"$8,100.00, payable in equal monthly installments from funds of Stephens County; provided, however, effective January 1, 1972, the ordinary shall receive an annual salary of $8,500.00 payable as aforesaid.".

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 120, nays 0.

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

HB 1306. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act protecting the public health by providing for premarital examinations for syphilis, as amended, so as to provide that in counties with populations of not less than 21,000 nor more than 21,900, such premarital examinations shall be conducted only by designated employees of the county health 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 ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 3, 1970

913

HB 1310. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the compensation of the judge and solicitor of said court; 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 120, nays 0.

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

HB 1311. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to change the terms of the Superior Court of Long County; 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 120, nays 0.

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

HB 1315. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended particularly by an Act approved March 6,1939 (Ga. L. 1939, p. 765), so as to change the manner in which members of the Board are elected; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

914

JOURNAL OF THE HOUSE,

HB 1316. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, etc.; so as to change the compensation of the coroner; 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 120, nays 0.

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

HB 1317. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the City of Loganville, etc.; so as to provide that the salary of the mayor shall not exceed $1,200 per year; 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 120, nays 0.

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

HB 1330. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of com missioners of Stephens County etc.; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 3, 1970

915

HB 1334. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to provide for the election of members of the Stephens County 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceilings on the compensation of the chief deputy, deputies, chief jailer and other jailers; 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 120, nays 0.

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

HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st:
A Bill to be entitled an Act to fix the terms of the Superior Court of Lowndes County; 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 120, nays 0.

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

916

JOURNAL OF THE HOUSE,

HB 1347. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the salary of each of the deputy sheriffs of Haralson 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 120, nays 0.

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

HR 651-1314. By Messrs. Wood, Williams and Cooper of the llth:
A RESOLUTION
Proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regulatory and revenue purposes, to assess and collect license fees, occupational taxes and amuse ment taxes against any person, firm or corporation, who or which may engage in any type of business in Hall County outside of municipalities, with the right and power to classify businesses and assess different license fees, occupational taxes and amusement taxes against different classes of businesses, and with the further power to the Board of Com missioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Hall County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees, taxes and amusement taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted; to pro vide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding thereto the follow ing new paragraph, to wit:
"The Board of Commissioners of Hall County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees, occupational taxes and amuse ment taxes from any persons, firms or corporations (except those

TUESDAY, FEBRUARY 3, 1970

917

subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, in any area of Hall County outside the incorporated limits of municipalities; and in levying and assess ing such license fees, occupational taxes and amusement taxes, the Board of Commissioners shall have the right and power to classify businesses and to assess different license fees, occupational taxes and amusement taxes against different classes of business. To pro vide for the public welfare, health and security of the people of Hall County, the Board of Commissioners shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regula tion by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees, occupational taxes and amusement taxes by the issuance and levy of executions, and to provide that a violation of any such regu lations adopted by the Board of Commissioners shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. The General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time change the manner and means by which the powers may be exercised by said Board of Commis sioners. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph 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 Board of Commissioners of Hall County to assess and
NO ( ) collect license fees, occupational taxes, and amusement taxes upon businesses in Hall County outside the in corporated limits of municipalities and to regulate same?"

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.

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

918

JOURNAL OF THE HOUSE,

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 Berry Black Bohannon Bond Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Caldwell Carries Gates Cole Collier Collins, M. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon
Dorminy
Douglas
Edwards
Egan
Evans
Ezzard
Fallin
Farrar

Floyd, J. H. Funk Gaynor Gignilliat Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Longino Lowrey Marcus Mason Mauldin
Maxwell
McClatchey
McDaniell
Melton
Miles
Milford
Moore
Morris

Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Wamble Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Wilson
Wood

TUESDAY, FEBRUARY 3, 1970

919

Those not voting were Messrs.:

Anderson Barfield Bennett Blalock Bostick Brown, C. Busbee Chandler Clarke Collins, S. Conger Cook Dodson Ellis Farmer Felton Floyd, J. R.

Gary Geisinger Grahl Graves Griffin Hale Hamilton Hargrett Harris, R. W. Hawes Hill, G. Howell Jones, M. Knapp Lee, W. S. Lewis Matthews, C.

Matthews, D. R. McCracken Merritt Miller Moate Odom Paris Parker, C. A. Peterson Pickard Reaves Rowland Sherman Thompson Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 145, nays 0.

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

HR 665-1368. By Mr. Ballard of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly; to provide 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. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new para graph to read as follows:
"The General Assembly of the State of Georgia is hereby authorized:

920

JOURNAL OF THE HOUSE,

1. To empower the governing authority of Newton County, the Board of Commissioners of Newton 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 thereof as it may deem advisable; and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of Newton County, Georgia, and to provide penalties for violations of such ordinances.

2. To authorize the Superior Court of Newton County, or other judiciary established by the General Assembly, with jurisdiction in Newton County, and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violation there of; and which shall have such other and further powers as may be prescribed by law, including civil actions to enforce such ordinances."

Section 2. When the above proposed amendment to the Consti tution 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 there on, such proposed amendment shall be published and submitted as provided in Article XII, 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 empower the governing
NO ( ) authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or here after vested in said governing authority and to pro vide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote 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 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.

TUESDAY, FEBRUARY 3, 1970

921

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 Berry Black Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.
Buck Burruss Caldwell Carnes
Gates Cole Collier Collins, M. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Evans

Ezzard
Pallin Parrar Ployd, J. H. Funk
Gaynor Gignilliat Gunter Hadaway Harrington Harris, J. P. Harris, J. R. Harrison Henderson Higginbotham Hill, B. L.
Holder Hood Horton Housley Hudson Hutchinson Johnson, B. Joiner Jones, C. M. Jones, Herb
Jordan, G. Jordan, H. S. Keen
Keyton Knowles
Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino
Lowrey Marcus Mason Maul din Maxwell
McClatchey

McDaniell Melton Miles Milford Moore Morris Mullinax Murphy
Nash Nessmith Northcutt Nunn Pafford Parker, H. W. Patterson
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Poole Potts Rainey Roach Ross
Rush Russell
Salem Scarborough Scarlett Shanahan
Shepherd Simkins Simmons Sims Smith, J. R.
Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Wamble

922
Ware Westlake Whaley Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Wilkerson Winkles Williams

Wilson Wood

Those not voting were Messrs.:

Anderson Barfield Bennett Blalock Bostick Brown, C. Busbee Chandler Clarke Collins, S. Conger Cook Dodson Ellis Farmer Felton Floyd, L. R.

Gary Geisinger Grahl Graves Griffin Hale Hamilton Hargrett Harris, R. W. Hawes Hill, G. Howell Jones, M. Knapp Lee, W. S. Lewis Matthews, C.

Matthews, D. R. McCracken Merritt Miller Moate Odom Paris Parker, C. A. Peterson Pickard Reaves Rowland Sherman Thompson, A. W. Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 145, nays 0.

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

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:
SR 209. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th, and others: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a single agency of the State government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, and other similar State supported systems created by law.

TUESDAY, FEBRUARY 3, 1970

923

SR 229. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.

SR 253. By Senator Trippe of the 31st:
A Resolution Honoring Douglas County in this, its centennial year; and for other purposes.

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

SB 312. By Senator Holloway of the 12th:
A Bill to amend an Act, creating the State Board of Workmen's Com pensation, approved Feb. 8, 1943 as amended, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions, etc.; and for other purposes.

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd, and others:
A Bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, approved Feb. 1, 1950 (Ga. Laws 1950, p. 50), as amended, so as to provide for the Fund to receive a percentage of certain fines; to provide an effective date; and for other purposes.

SB 318. By Senator Smalley of the 28th:
A Bill to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limitations for such invest ments; to establish the standards for fiduciary investment companies to qualify them for such investments; to define the powers of the Superindent of Banks under this Act; and for other purposes.

SB 330. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th, and others:
A Bill to create the Advisory Committee on Retirement Systems; etc.; to repeal conflicting laws; and for other purposes.

SB 375. By Senator Smalley of the 28th: A Bill to amend an Act known as "The Retail Installment and Home

924

JOURNAL OF THE HOUSE,

Solicitation Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.

SB 376. By Senator Smalley of the 28th:
A Bill to amend an Act known as the "Motor Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.

SB 380. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith, etc.; to authorize said Commissions to employ staff; to authorize training of said staff, etc.; and for other purposes.

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to amend an Act known as the "Urban Redevelopment Law", etc., so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertise ment and bids, etc.; to repeal conflicting laws; and for other purposes.

SB 389. By Senator Coggin of the 35th:
A Bill to create the Georgia Professional Corporation Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

SB 381. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to amend the act known as the "Urban Redevelopment Law", approved March 3, 1955, to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances; and for other purposes.

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to amend the act creating the State Building Administrative Board, etc., so as to provide that said Board shall be a budget unit of the executive branch of State government, etc.; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 3, 1970

925

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

SB 312. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act, creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd and others:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the Fund to receive a percentage of certain fines; and for other purposes.
Referred to the Committee on Retirement.

SB 318. By Senator Smalley of the 28th:
A Bill to be entitled an Act to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limita tions for such investments; to establish the standards for fiduciary investment companies to qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 330. Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th, and others:
A Bill to be entitled an Act to create The Advisory Committee on Retire ment Systems; and for other purposes.
Referred to the Committee on Retirement.

SB 375. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; and for other purposes.
Referred to the Committee on Ways and Means.

SB 376. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend an Act known as the "Motor

926

JOURNAL OF THE HOUSE,

Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; and for other purposes.
Referred to the Committee on Ways and Means.

SB 380. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to be entitled an Act to authorize Area Planning and Develop ment Commissions to undertake certain activities to facilitate the devel opment of housing, and in connection therewith, to authorize said Com missions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; and for other purposes.
Referred to the Committee on Industry.

SB 381. By Senators Trippe of the 31st, Hensley of the 43rd, Patton of the 40th, and others:
A Bill to be entitled an Act to amend the Act known as the "Urban Redevelopment Law", so as to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances; and for other purposes.
Referred to the Committee on Industry.

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to be entitled an Act to amend the Act creating the State Build ing Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.
Referred to the Committee on Industry.

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; and for other purposes.
Referred to the Committee on Industry.

SB 389. By Senator Coggin of the 35th: A Bill to be entitled an Act to create the Georgia Professional Corpora-

TUESDAY, FEBRUARY 3, 1970

927

tion Act; to define terms; to authorize certain persons licensed to prac tice a profession as a professional corporation; and for other purposes.
Referred to the Committee on Judiciary.

SR 209. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th, and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a single agency of the State government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, etc.; and for other purposes.
Referred to the Committee on Retirement.

SR 229. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.
Referred to the Committee on Industry.

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, February 3, 1970, and submits the following:

HB

282. Motor Vehicles, exhaust system.

HB

348. Driver's licenses, revocation, suspension

HB

349. Motor vehicles, driver examination.

HB 1033. State Arborist Board, create.

HB 1063. Bail bond, person bound over to another court.

HR 521-1072. The Chattahoochee Trail, designate.

HR 535-1078. Highway Laws Interim Study Committee.

HR 555-1121. Local control of Public Education.

HB 1135. Banks, define branch, facility.

HB 1141. Firemen's Pension Fund, members--Postponed.

HB 1142. Public Safety, disability benefits.

928

JOURNAL OF THE HOUSE,

HB 1143. Urban Redevelopment Area, dispose of property.

HB 1144. Undeveloped Open Land, acquire, dispose.

HB 1145. Urban Development accept factory built Housing.

HB 1146. Building Administrative Board, budget unit

HR 561-1147. Acquire and dispose of open land.

HB 1189. Vehicles, restrictions on wheels and tires.

HB 1247. Deputy State Revenue Commissioner, appointment.

HB 1271. Bail, number of times permitted.

HB 1326. Teachers, Annuity Contracts.

SB

26. Justices and Judges, salaries.

SB

308. Highway Director, duties, powers.

SB

357. Highway Department Treasurer, appointment.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lambert of the 25th, Vice-Chairman

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Retirement:

HB 152. By Messrs. McCracken of the 36th and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, approved Mar. 81, 1967 (Ga. L. 1967, p. 259), as amended, so as to provide that persons having twenty or more years of service shall be entitled to become members of the system upon attaining the age of 65 years; and for other purposes.

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:

HB 1189. By Messrs. Jones of the 84th and Williams of the llth:
A Bill to be entitled an Act to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this state, so as to delete therefrom the restric-

TUESDAY, FEBRUARY 3, 1970

929

tion on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; 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.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act creating the Department of Revenue and the office of State Revenue Commissioner, approved Jan. 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), as amended, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the said deputy; 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.

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

HB 1063. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail has been set at a higher amount at the preliminary or commitment hearing; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over

930

JOURNAL OF THE HOUSE,

to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case, unless the amount of the bail has been set at a higher amount by lawful authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. When a person posts bail bond prior to a preliminary or commitment hearing, and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case, unless the amount of the bail is set higher by lawful authority, in which case new bail bond shall be posted.

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 Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Gates

Clarke Cole Collins, M. Collins, S. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Egan Ezzard Farrar Floyd, J. H.

Funk Geisinger Gignilliat Graves Griffin Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M.

TUESDAY, FEBRUARY 3, 1970

931

Jordan, G. Keyton Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mauldin Maxwell McClatchey McDaniell Melton Miles

Milford Moore Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Patterson Peters Phillips, L. L. Phillips, W. R. Poole Potts Reaves Rush Russell

Salem Shepherd Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams

Those voting in the negative were Messrs.:

Higginbotham

Wood

Those not voting were Messrs.:

Bo wen Brantley, H. H. Brooks
Caldwell Carnes Chandler Collier
Conger Cook DeLong Dodson Edwards Ellis Evans Fallin Farmer Felton Floyd, L. R. Gary
Gaynor Grahl Hale

Hamilton Hargrett Harris, R. W. Henderson Hill, G. Johnson Jordan, H. S. Keen Knapp Lane, W. J. Lewis Mason Matthews, C. Matthews, D. R. McCracken Merritt Miller Moate Nash Nunn
Parker, C. A. Parker, H. W.

Peterson Phillips, G. S. Pickard Pinkston
Rainey Roach Ross Rowland Scarborough Scarlett Shanahan Sherman Simkins Smith, V. T. Thompson, A. W. Thompson, R. Westlake Winkles Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 2.

932

JOURNAL OF THE HOUSE,

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

SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; 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 offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved Febru ary 5, 1951, (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L. 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act ap proved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved Janu ary 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), an Act approved April 4, 1967 (Ga. L. 1967, p. 382), and an Act approved April 8, 1968 (Ga. L. 1968, Vol. 1, p. 1055), so as to authorize the State Highway Board to delegate any or all of its duties, powers and authority to the Director of the State Highway Department, when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway De partment, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act ap proved February 23, 1955 (Ga. L. 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2,1963 (Ga. L., 1963, p. 282), an Act approved April 9, 1963 (Ga.

TUESDAY, FEBRUARY 3, 1970

933

L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), an Act approved April 4, 1967 (Ga. L. 1967, p. 382), and an Act ap proved April 8, 1968 (Ga. L. 1968, Vol. 1, p. 1055), is hereby amended by deleting the following language in subsection (a) of Section 4, which reads:

"or any other law heretofore existing"

so that when so amended said subsection (a) of Section 4 shall read as follows:

"Creation of State Highway Board; powers. There is hereby created a State Highway Board composed of one member to be chosen from each Congressional District of the State in the manner hereinafter provided. Said Board shall be charged with the general control and supervision of the State Highway system of roads and bridges, subject however, to the delegation of such duties, powers and authority as may have been vested in the Director of the State Highway Department by this or any other Act."

SECTION 2

Said Act is further amended by striking subsection (e) of Section

4 in its entirety and substituting in lieu thereof a new subsection (e)

of Section 4, which shall read as follows:

.

"Director of State Highway Department. There is hereby cre ated the office of Director of the State Highway Department, who shall be the chief executive officer of the State Highway Depart ment, and who when delegated to him by the State Highway Board shall perform, exercise and possess any or all of the duties, powers and authority of the State Highway Board, including but not limited to approval of all contracts and lease agreements, when the said Board is not in regular or called session, and who shall also have full authority to execute contracts, lease agreements and all other functions or undertakings of every kind and character. ;Such delega tion may be withdrawn by said Board at any regular or called session; provided, however, that nothing contained in this Act shall be construed so as to repeal any prior Acts of the General Assem bly of Georgia in respect to defining the powers and duties of the Board and of the Director, as required of the General Assembly by the mandate of Article V, Sec. XI, Par. I, of the Constitution of Georgia. The Director shall qualify by giving oath and bond with duly licensed corporate surety in the sum of $50,000.00, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office and to account for all money and property coming into his hands, the premium of such bond to be paid from funds of the State Highway Department. The Director shall be a full-time official of the State, and shall receive as compensation the sum of $25,000.00 per annum payable monthly or semi-monthly, plus actual and neces sary expenses for travel, lodging and meals, incurred while engaged in the performance of his duties away from the Capitol. No person who serves as Director of the State Highway Department shall be

934

JOURNAL OF THE HOUSE,

eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any state or federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Director, and for a period of 12 months after the date he ceases to serve as Director; provided, however, nothing contained herein shall prevent the Director from being appointed to any other office, nor disqualify him from running in any election to succeed himself in any office to which he was appointed, nor to hold such office in the event he is elected thereto and otherwise qualifies therefor; provided, however, the Director shall resign as Director of the State Highway Department before accepting any such appointive office."

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 law 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 Anderson 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 Clarke Cole Collins, M. Collins, S.
Colwell Conger Connell
Cooper Crowe
Dailey Daugherty Davis, E. T. Davis, W.

Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis
Ezzard Parrar Pelton
Floyd, J. H. Floyd, L. E.
Funk Gaynor Geisinger Gignilliat

TUESDAY, FEBRUARY 3, 1970

935

Graves Griffin Gunter Hadaway
Hargrett Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Hawes Higginbotham Hill, B. L. Holder Hood Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Keyton Knowles Lambert Lane, Dick Lane, W. J.
Lee, W. J. (Bill)

Lee, W. S. Leonard Lewis Longino Lowrey Marcus Matthews, C. Mauldin McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R.

Poole Potts Rainey Reaves Roach Ross Russell Salem Shanahan Shepherd Simmons Sims Smith, V. T. Snow Sweat Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Maxwell McClatchey

Simkins Thomason

Those not voting were Messrs.:

Alexander Atherton Brantley, H. H. Caldwell Chandler Collier
Conner Cook Dean, J. E. DeLong Evans Fallin Farmer Gary Grahl Hale

Hamilton Henderson Hill, G. Horton Housley Jordan, G. Jordan, H. S. Keen Knapp Kreeger
Levitas Mason Matthews, D. R.
McCracken Nash Nunn

Thompson, A. W.
Parker, C. A. Peterson Phillips, G. S. Pickard Pinkston Rowland Rush Scarborough Scarlett Sherman Smith, J. R. Sorrells Thompson, R. Mr. Speaker

936

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 144, nays 5.

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

Mr. Geisinger of the 72nd stated that he had inadvertently voted "aye" but intended to vote "nay" on the passage of SB 308, by substitute.

SB 357. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend an Act approved Feb. 7, 1950, (Ga. Laws 1950, Vol. 1, pp. 62, 72), to create the office of State High way Board, Chairman, State Highway Board, and Treasurer of the State Highway Department so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment; and for other purposes.

The following amendment was read:
Mr. Simkins of the 78th moves to amend SB 357 by striking in Section 7, line 21, the words "shall be confirmed by the board" and sub stituting in lieu thereof the words:
"shall be considered by the board and may or may not be approved"., and by striking in Section 7, line 23, the word "director" and adding the word "board".

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

Those voting in the affirmative were Messrs.:

Atherton Bell Bond Brown, B. D. Collins, S. Crowe Davis, W. Dodson Egan Evans Farrar Floyd, L. R. Geisinger

Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hood Horton Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger

Lee, W. S. Marcus Maxwell McClatchey Morris Pickard Simkins Sweat Thomason Townsend Westlake Whaley Wilson

TUESDAY, FEBRUARY 3, 1970

937

Those voting in the negative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Bennett Berry Black Blalock Bohannon Bostick Bo wen Brantley, H. L. Bray Brooks Brown, C. Busbee Games Gates Clarke Cole Collins, M. Colwell Conger Connell Cooper Dailey Davis, E. T. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Ellis Ezzard Fallin Felton

Funk Gaynor Gignilliat Grahl Graves Griffin Gunter Hadaway Harrington Harris, J. F. Harrison Henderson Holder Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Keyton Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Miles Milford Miller Moate Moore Mullinax

Murphy
Nash Nessmith Northcutt Pafford Paris Parker, H. W. Patterson Peters Phillips, G. S. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Shanahan Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson, R. Toles Vaughn Wamble Ware Wheeler. Bobby Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Alexander Brantley, H. H. Buck Burruss Caldwell Chandler Collier Conner Cook

Daugherty Dean J. E. DeLong Farmer Floyd, J. H. Gary Hale Hamilton Hargrett

Hill, G. Jordan, H. S. Lane, Dick Levitas Mason McCracken Merritt Nunn Odom

938
Parker, C. A. Peterson Phillips, L. L. Pinkston

JOURNAL OP THE HOUSE,

Rowland Scarborough Scarlett Shepherd

Sherman Thompson, A. W. Mr. Speaker

On the adoption of the amendment, the ayes were 39, nays 118.

The amendment was lost.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend SB 357 as follows:
By striking from Section 7, line 23, the words "of the Director" and inserting in lieu thereof the words "of the Board".

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 Bennett Berry Black Blalock Bohannon Bostick Bo wen Brantley, H. L. Bray Brooks Brown, C. Buck Burruss

Busbee Carnes Clarke Cole Collins, M. Colwell Conger Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas

Edwards Ellis Fallin Parrar Pelton Punk Gaynor
Gignilliat Grahl Graves Griffin Gunter Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Housley

TUESDAY, FEBRUARY 3, 1970

939

Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell

Melton Merritt Miles Milford Miller Moate Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach

Ross Rush Russell
Salem Shanahan Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams
Wood

Those voting in the negative were Messrs.

Bell Brown, B. D. Collins, S. Dodson Egan Evans Geisinger Hadaway

Hawes Hill, B. L.
Hood Keen Knapp Kreeger Maxwell McClatchey

Simkins Thompson, A. W. Townsend Westlake Wilkerson Wilson

Those not voting were Messrs.:

Bond Brantley, H. H. Caldwell Gates Chandler Collier Conner Cook
DeLong
Ezzard
Farmer

Floyd, J. H. Floyd, L. R. Gary Hale Hamilton Hargrett Hill, G. Horton
Jordan, H. S.
Mason
McCracken

Morris Odom Parker, C. A. Peterson Pickard Pinkston Rowland Scarborough
Scarlett
Sherman
Mr. Speaker

940

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 140, nays 22.

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

HR 521-1072. By Messrs. Pickard of the 84th, Howell of the 60th, Berry and Thompson of the 85th, Thompson of the 86th, Black of the 45th and Dailey of the 53rd: A Resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; 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 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1271. By Mr. Gunter of the 6th: A Bill to be entitled an Act to amend Code Section 27-903, relating to the number of times bail may be permitted for the same offense, so as to provide that the first bail shall be permitted as a matter of right and that subsequent bails shall be at the discretion of the 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Atherton Ballard Barber Barfield Battle

Bennett Black Bohannon Bostick Bowen Brantley, H. L.

Bray Brooks Burruss Caldwell Cates Cole

Collins, S. Colwell Conger Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Evans Ezzard Tallin Farmer Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R.

TUESDAY, FEBRUARY 3, 1970

941

Harrison Henderson Higginbotham Hill, G. Holder Housley Hudson Hutchinson Joiner Jones, Herb Jordan, G. Keen Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Merritt Miles Milford Moate Moore Morris Nash

Nessmith Northcutt Nunn Odom Pafford Parker, H. W. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Roach Rush Salem Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Toles Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wilson

Those voting in the negative were Messrs.

Alexander Bond Brown, B. D.

Hill, B. L. Murphy Ross

Those not voting were Messrs.:

Adams Bell Berry Blalock Brantley, H. H. Brown, C. Buck Busbee

Carnes Chandler Clarke Collier Collins, M. Connell Cooper DeLong

Thompson, A. W.
Dent Edwards Egan Ellis Farrar Felton Grahl Hale

942
Hamilton Harris, R. W. Hawes Hood Horton Howell Johnson Jones, C. M. Jones, M. Jordan, H. S. Keyton Knapp Lane, Dick Mason

JOURNAL OF THE HOUSE,

McClatchey McCracken Melton Miller Mullinax Paris Parker, C. A.
Patterson Peters Peterson Phillips, G. S. Pinkston Rainey
Reaves

Rowland Russell Scarborough Scarlett Sherman Thompson, R. Townsend Ware Winkles Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 7.

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

HR 535-1078. By Mr. Vaughn of the 74th:
A RESOLUTION
Recreating the Joint Highway Laws Interim Study Committee; and for other purposes.
WHEREAS, the 1969 General Assembly created the Joint Highway Laws Interim Study Committee, and assigned to it the duty of consoli dating all the existing highway laws into a meaningful and understand able code; and
WHEREAS, the Committee was also asked to continue to oversee a contract between the State Highway Department and University of Georgia School of Law, which contract provides for the creation of the aforesaid highway code; and
WHEREAS, the contract, as amended, does not call for recommen dations for legislation until June 30, 1970; and
WHEREAS, the Committee stood to be abolished in January, 1970; and
WHEREAS, the Committee would like to be recreated in order to be able to complete its obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby recreated the Joint Highway Laws Interim Study Committee. The Committee shall consist

TUESDAY, FEBRUARY 3, 1970

943

of the same members of the House of Representatives and the same members of the Senate who were on the Committee created by House Resolution 144-444 (Ga. L. 1969, p. 1063), except for those members who have not returned as members of the House or Senate. The Presi dent of the Senate may fill all vacancies caused by members of the Senate who have not returned. The Speaker of the House may fill all vacancies caused by members of the House who have not returned.

The Committee shall have the same powers, duties and authority as were given to the original Committee created by House Resolution 451994 (Ga. L. 1968, p. 1176) and the members shall receive such expenses and allowances authorized to legislative members of interim legislative committees, from funds appropriated to or available to the legislative branch, but for a period not to exceed twenty days. The Committee shall make a report of its findings, and shall propose legislation, on or before the second Monday in January, 1971, at which time 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 112, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 1326. By Messrs. Moore of the 6th and McClatchey of the 113th:
A Bill to be entitled an Act to authorize and direct county boards of education and county school superintendents to accept, adopt and with hold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Education moves to amend House Bill No. 1326 as follows:
By inserting in the caption and in Section 1 of the bill the words "and independent school system" after the words "county" wherever it appears.

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

944

JOURNAL OP 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 Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Bohannon Bond Bostick Bo wen Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Clarke Cole Collins, S. Colwell Conger Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards
Egan
Ellis
Tallin
Farmer
Floyd, J. H.

Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. R. Harrison Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Joiner Jones, C. M. Jones, Herb Jones, M. 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. Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
Merritt

Miles Milford Moate Moore Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Roach Ross Rush Salem Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson
Winkles
Wilson
Wood

TUESDAY, FEBRUARY 3, 1970

945

Those not voting were Messrs.:

Bell Blalock Brantley, H. H. Bray Caldwell Chandler Collier Collins, M. Connell Cooper Dean, J. E. DeLong Dodson Evans Ezzard Farrar Felton Gary

Hale Hamilton Harris, J. F. Harris, R. W. Hawes Henderson Hutchinson Johnson Jordan, G. Jordan, H. S. Keen Keyton Mason McCracken Melton Miller Morris Mullinax

Nunn Parker, C. A. Patterson Peterson Pinkston Reaves Rowland Russell Scarborough Scarlett Sherman Smith, V. T. Townsend Wamble Ware Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 0.

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

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th, Parker of the 46th, Lane of the 44th, Floyd of the 7th, Dean of the 19th and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety; 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, so as to change the provisions relating to the certification of disability by the medical board; to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety and officers or agents of the Georgia Bureau of Investigation; to remove certain provisions requiring reimbursement by the Department of Public Safety to the retirement system for permanent disability allowances and sup plemental benefits paid to a member during his permanent disability; to authorize the board of trustees to increase the normal and ac crued contribution percentage rate of the Department of Public

946

JOURNAL OF THE HOUSE,

Safety; to provide for the payment of the normal and accrued contri bution by another department or agency under certain conditions; to change the retirement benefits for certain members of the Uniform Division of the Department of Public Safety and officers or agents of the Georgia Bureau of Investigation; 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, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding a new paragraph at the end of subsection (6) of Section 8, to read as follows:

"Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued contri bution percentage rate of the Department of Public Safety to an amount not to exceed fifteen per cent of the earnable compen sation of all contributing members. In the event any group of employees are transferred to the administration of any other de partment or agency, that department or agency shall continue to pay the normal and accrued contribution on behalf of such em ployees at the rate set by the board of trustees not to exceed fifteen per cent."

Section 2. Said Act is further amended by striking paragraph (b) of subsection (3) of Section 5 in its entirety and inserting in lieu there of a new paragraph (b) of subsection (3) of Section 5, to read as follows:

" (b) Any member in service may be retired by the board of trustees on a disability allowance upon written application to the board of trustees made by such member or his employer, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof: Provided, such member has 15 or more years of creditable service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of duty in the position he occupied at the time the disability originated, and that such incapacity is likely to be permanent and that he should be retired.

Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation, who, as a contributing member of this system and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, be comes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability,

TUESDAY, FEBRUARY 3, 1970

947

shall not exceed 80 per cent of the service allowance that would have been payable to the member had he accumulated not more than SO years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent dis ability occurred: Provided, further, such permanent disability re tirement shall apply regardless of the length of service of any such member, and, further, such member shall be deemed to have acquired 20 or more years of creditable service. In addition, a mem ber so disabled in the line of duty, shall receive a monthly supple mental benefit which shall be in the amount of $5 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly sup plemental benefit shall in no event exceed $150 per month.
In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 per cent of his monthly earnable com pensation for the month in which his permanent disability oc curred for each year of creditable service determined as though he had continued in service in the Uniform Division of the Depart ment of Public Safety or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age."

Section 3. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15, to read as follows:
"Section 15. (a) Any other provisions of this Act to the contrary notwithstanding, every person who is in service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer or trooper, or who is in service as an officer or agent of the Georgia Bureau of Investigation, on June 30, 1970, and every person who enters or reenters service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer or trooper, or as an officer or agent of the Georgia Bureau of Investigation, on or after July 1, 1970, shall be covered by the provisions of this Section.
(b) Every officer, noncommissioned officer and trooper in the Uniform Division of the Department of Public Safety and every officer or agent of the Georgia Bureau of Investigation shall re tire upon attainment of the mandatory retirement age prescribed by this Section, and upon retirement he shall receive the regular retirement benefits under this Act, subject to a minimum monthly retirement benefit equal to 2 per cent of his highest average com pensation for each year of creditable service, by filing an applica tion therefor in a manner similar to that provided in Section 5 of this Act.
(c) A member subject to the provisions of this Section shall be retired on the last day of the month following the month in which he attains fifty-five years of age; provided, however, that during

948

JOURNAL OF THE HOUSE,

the years 1970 through 1975, a member subject to the provisions of this Section shall be retired on the last day of the month follow ing the month in which he attains the mandatory retirement age set forth below:

Year
nineteen hundred seventy nineteen hundred seventy-one nineteen hundred seventy-two nineteen hundred seventy-three nineteen hundred seventy-four nineteen hundred seventy-five

Mandatory Retirement Age
sixty or over fifty-nine fifty-eight fifty-seven fifty-six fifty-five

Any member sixty years of age or over on the effective date of this Act shall be retired on July 31, 1970. During the period 1971-1975, any member who has attained any mandatory retirement age spe cified in this subsection by January 1 of any year during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived by the Director of the Department of Public Safety as necessary to permit a member who entered service in the Division on or before December 31, 1960, to complete service sufficient to provide him with twenty-five years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such
service. The provisions of this subsection shall not apply to the Director or the Deputy Director of the Department of Public Safety.

(d) For the purposes of this Section, the term 'highest average compensation' means the highest total monthly earnable compen sation as reflected by monthly contributions during any consecutive 24-month period in which a member has made contributions to the retirement system."

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 Anderson

Ballard Barber Barfield

Battle Bell Bennett

TUESDAY, FEBRUARY 3, 1970

949

Berry
Black Bohannon Bond Bostick Bo wen Brantley, H. L. Bray
Brooks Brown, B. D. Brown, C. Buck Caldwell Games Gates Clarke
Cole Colwell Conger Connell Conner Cook Crowe D ailey Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ezzard Fallin Farmer Floyd, J. H. Funk Gary Gaynor Geisinger Gignilliat Grahl

Graves
Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R.
Harrison
Hawes
Henderson Higginbotham
Hill, B. L.
Hill, G.
Holder
Hood Horton
Housley
Howell
Hudson Johnson
Joiner
Jones, C. M. Jones, Herb Jones, M. Jordan, G. Knapp Knowles Lambert 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 McDaniell Melton

Miles Milford
Moate Moore Morris Murphy Nash Nessmith Northcutt Nunn
Odom Paris Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Roach Ross Rush Salem Shanahan Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Toles Vaughn Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wilson Wood

Those not voting were Messrs.:

Atherton Blalock Brantley, H. H. Burruss Busbee

Chandler Collier Collins, M. Collins, S. Cooper

DeLong Dodson Ellis Evans
Parrar

950
Pelton Floyd, L. R. Hale Hamilton Harris, R. W. Hutchinson Jordan, H. S. Keen Keyton Kreeger Mason McCracken

JOURNAL OF THE HOUSE,

Merritt Miller Mullinax Pafford Parker, C. A. Peterson Pinkston Reaves Rowland Russell Scarborough Scarlett

Sherman Simkins Thomason Thompson, A. W. Thompson, R. Townsend Wamble Ware Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 146, nays 0.

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

Mr. Hutchinson of the 61st wished to be recorded as voting "aye" on HB 1142, by substitute.

By unanimous consent, HB 1142 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 26. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved Mar. 7, 1957 (Ga. L. 1957, p. 205), as amended, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to provide effective dates; and for other purposes.

Mr. Pafford of the 64th moved that SB 26 be indefinitely postponed.

Mr. Busbee of the 61th moved the previous question be ordered.

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

TUESDAY, FEBRUARY 3, 1970

951

Those voting in the affirmative were Messrs.

Adams Barber Barfield Battle Bennett Black Blalock Bostiek Brooks Brown, C. Buck Busbee Caldwell Carnes Clarke Colwell Conger Conner Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dodson Dorminy Egan Ellis Evans Ezzard Fallin

Farrar Felton Funk Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Harris, J. R. Hawes Hill, B. L. Holder Horton Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Knapp Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Matthews, C. Maxwell McClatchey

Miles Miller Moate Murphy Nash Northcutt Nunn Odom Paris Peters Phillips, G. S. Pickard Potts Roach Ross Rush Russell Shanahan Simmons Sims Smith, V. T. Snow Sorrells Thomason Thompson, R. Townsend Vaughn Wamble Wilkerson Winkles

Those voting in the negative were Messrs.

Anderson Atherton Ballard Bell Bohannon Brantley, H. L. Burruss Cole Collins, M. Collins, S. Cooper
Crowe
Davis, W.
Dickinson
Dixon
Douglas
Edwards

Farmer Floyd, J. H. Floyd, L. R. Hadaway Harrington Harris, J. F. Henderson Higginbotham Hood Housley Jones, Herb
Jordan, G.
Keyton
Knowles
Lane, Dick
Lane, W. J.
Leonard

Levitas Lewis Longino Mauldin McDaniell Merritt Milford Moore Morris Pafford Parker, H. W.
Phillips, L. L.
Phillips, W. R.
Poole
Rainey
Reaves
Salem

952
Simkins Smith, J. R. Sweat

JOURNAL OF THE HOUSE,

Toles Westlake Whaley

Wheeler, Bobby Williams Wilson

Those not voting were Messrs.:

Alexander Berry Bond Bowen Brantley, H. H. Bray Brown, B. D. Gates Chandler Collier Connell Cook DeLong Gary Hale

Hamilton
Hargrett
Harris, R. W. Harrison Hill, G. Howell Jordan, H. S. Keen Mason Matthews, D. R. McCracken Melton Mullinax Nessmith Parker, C. A.

Patterson Peterson Pinkston Rowland Scarborough Scarlett Shepherd Sherman Thompson, A. W. Ware Wheeler, J. A. Wood Mr. Speaker

On the motion, the ayes were 92, nays 60.

The motion prevailed and the previous question was ordered.

Mr. Pafford of the 64th moved that SB 26 be tabled.

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

Those voting in the affirmative were Messrs.:

Anderson Brantley, H. L. Brown, C. Burruss Cole
Collins, M. Coiling, S. Davis, W. Dickinson Dixon
Floyd, J. H. Floyd, L. R. Hadaway Harrington

Harris, J. F. Henderson Higginbotham Hill, G. Hudson
Keyton Lane, Dick Lane, W. J. Leonard Longino
Matthews, D. R. Mauldin Milford Miller

Moore Pafford Parker, H. W. Phillips, L. L. Poole
Rainey Reaves Ross Rush Russell
Salem Scarborough Shanahan Simkins

TUESDAY, FEBRUARY 3, 1970

953

Smith, J. R. Sweat Thomason Toles

Wamble Westlake Whaley Wheeler, Bobby

Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams Barber Barfield Bennett Black Blalock Brooks Buck Busbee Caldwell Carnes Clarke Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, N. Dent Dodson Dorminy Douglas Egan Ellis Evans Fallin Farmer Farrar Felton

Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Hood Horton Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Knapp Knowles Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C.

Those not voting were Messrs.:

Alexander Atherton Ballard Battle Bell Berry Bohannon Bond Bostick

Bowen Brantley, H. H. Bray Brown, B. D. Gates Chandler Collier Connell Dean, J. E.

Maxwell McClatchey Merritt Miles Moate Morris Murphy Nash Nessmith Northcutt Nunn Odom Paris Peters Phillips, G. S. Phillips, W. R. Pickard Potts Roach Shepherd Simmons Smith, V. T. Snow Sorrells Thompson, A. W. Thompson, R. Town send Vaughn Wheeler, J. A. Wilkerson Winkles
DeLong Edwards Ezzard Funk Hale Hamilton Holder Housley Howell

954
Joiner Jordan, H. S. Keen Mason McCracken McDaniell

JOURNAL OP THE HOUSE,

Melton Mullinax Parker, C. A. Patterson Peterson Pinkston

Rowland Scarlett Sherman Sims Ware Mr. Speaker

On the motion, the ayes were 53, nays 97.

The motion was lost.
The Committee on Judiciary moves to amend Senate Bill No. 26 by:
Striking from Section 1 the quoted new Section 1 and substituting a new quoted Section 1 to read as follows:
"Section 1. Effective July 1, 1970, the annual salary of each Justice of the Supreme Court shall be, and the same is hereby fixed in the sum of $32,500.00."
and
Striking from Section 2 the quoted new Section 2 and substituting a new quoted Section 2 to read as follows:
"Section 2. Effective July 1, 1970, the annual salary of each Judge of the Court of Appeals shall be, and the same is hereby fixed in the sum of $32,500.00."

The following amendment was read:

Mr. Lane of the 44th moves to amend SB 26 by striking the figure $31,000.00 in Sections 1 and 2 wherever it appears and inserting the figure $28,000.00.

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 Atherton Black Bohannon

Brantley, H. L. Burruss Cole Collins, M. Collins, S.

Cook Crowe Dailey Davis, W. Dickinson

Dixon Dorminy Edwards Farmer Farrar
Floyd, J. H. Floyd, L. R. Gignilliat Graves Hadaway Harrington
Harris, J. F. Harrison Henderson Higginbotham Howell Hudson

TUESDAY, FEBRUARY 3, 1970

955

Keyton Lane, Dick Lane, W. J. Leonard Longino Lowrey Matthews, D. R. Mauldin Milford Miller Moore Nessmith Nunn Pafford Parker, H. W. Phillips, L. L. Rainey

Reaves Ross Rush Russell Shanahan Simkins Sweat Thomason Toles Wamble Westlake Whaley Wheeler, Bobby Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander Ballard Barber Barfield Bell Bennett Berry Blalock Bray Brown, C. Buck Busbee
Caldwell
Carnes
Clarke
Colwell
Conger
Conner
Cooper
Daugherty
Davis, E. T.
Dean, N.
Dent
Dodson
Douglas
Egan
Ellis
Evans
Ezzard
Fallin

Felton Gary Gaynor Geisinger Grahl Griffin Gunter Harris, J. R. Harris, R. W. Hawes Hill, B. L. Hood
Horton
Hutchinson
Johnson
Jones, C. M.
Jones, Herb
Jones, M.
Jordan, G.
Keen
Knapp
Knowles
Lambert
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Marcus
Matthews, C.
Maxwell

McClatchey Miles Moate Morris Murphy Nash Northcutt Odom Paris Peters Phillips, G. S. Phillips, W. R.
Pickard
Poole
Potts
Roach
Scarborough
Shepherd
Simmons
Smith, V. T.
Snow
Sorrells
Thompson, R.
Townsend
Vaughn
Wheeler, J. A.
Wilkerson
Winkles

956

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Battle Bond Bostick Bowen Brantley, H. H. Brooks Brown, B. D. Gates Chandler Collier Connell Dean, J. E. DeLong Funk

Hale Hamilton Hargrett Hill, G. Holder Housley Joiner Jordan, H. S. Kreeger Mason McCracken McDaniell Melton Merritt Mullinax

Parker, C. A. Patterson Peterson Pinkston Rowland Salem Scarlett Sherman Sims Smith, J. R. Thompson, A. W. Ware Mr. Speaker

On the adoption of the amendment, the ayes were 65, nays 88.

The amendment was lost.

Messrs. Nunn of the 41st and Harrison of the 66th stated that they had voted under misapprehension and they intended to vote "nay" on the Lane amend ment.

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 Barber Barfield Bennett Black Blalock Bond Bostick Bowen Bray Brooks Brown, C.

Buck Busbee Caldwell Carnes Clarke Colwell Conger Connell Conner Cook Cooper Crowe

Dailey Daugherty Davis, E. T. Dean, J. E. Dent Dodson Dorminy Douglas Egan Ellis Evans Ezzard

Fallin Farmer Farrar Felton Gary Gaynor Geisinger Grahl Griffin Gunter Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L.
Holder Hood Horton Hutchinson Johnson, B.

TUESDAY, FEBRUARY 3, 1970

957

Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Levitas
Lewis Marcus Matthews, C. Maxwell McClatchey Miles Moate Murphy Nash Nessmith

Northcutt Nunn Odom Paris Phillips, G. S. Phillips, W. R. Pickard Potts Roach Simmons Sims Smith, V. T. Snow Sorrells
Thompson, A. W. Thompson, R. Townsend Vaughn
Wheeler, J. A. Winkles

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard
Battle Bell Bohannon
Brantley, H. L. Burruss Cole Collins, M. Collins, S. Davis, W. Dean, N. Dickinson Dixon Edwards
Floyd, J. H. Floyd, L. R. Gignilliat
Graves Hadaway Harrington

Harris, J. F. Henderson Higginbotham Hill, G. Housley Howell Hudson Keyton Knowles Lane, Dick Lane, W. J. Leonard Longino Lowrey Matthews, D. R. Mauldin McDaniell
Merritt Miller Moore Morris Pafford Peters

Those not voting were Messrs.:

Berry Brantley, H. H. Brown, B. D.

Gates Chandler Collier

Phillips, L. L. Poole Rainey Reaves Ross Rush Russell Salem Scarborough Shanahan Shepherd Simkins Smith, J. R. Sweat Toles Wamble Westlake Whaley Wheeler, Bobby Wilkerson Williams Wilson Wood
DeLong Funk Hale

958
Hamilton Joiner Jordan, H. S. Mason McCracken Melton Milford

JOURNAL OF THE HOUSE,

Mullinax Parker, C. A. Parker, H. W. Patterson Peterson Pinkston Rowland

Scarlett Sherman Thomason Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 98, nays 69.

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

Mr. Pafford of the 64th served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional ma jority to SB 26, as amended.
Mr. Patterson of the 20th wished to be recored as voting "nay" on SB 26, as amended.

Mrs. Hamilton of the 112th wished to be recorded as voting "aye" on SB 26, 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 1141. By Messrs. Carnes of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Retirement moves to amend House Bill No. 1141 as follows:
Section 3 "Section 7B 2nd line after each add "regular" be fore employee
Page 3 Section 3 "Section 7B 1st line before Employees add "Each regular employee"

TUESDAY, FEBRUARY 3, 1970

959

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 111, nays 0.

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

Mr. Conger of the 68th wished to be recorded as voting "aye" on HB 1141, 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 announced the House adjourned until 9:30 o'clock, tomorrow morning.

960

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 4, 1970

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Bobby Davis, Pastor, Calvary United Methodist Church, Swainsboro, Georgia.
Our Father God, whose approval we seek above the hollow applause of men, with the unwritten record of today's session before us we would make the first entry, "In the beginning God.", as with contrite hearts we offer the prayer that all the deliberations of this Historic Chamber may be begun, continued and ended in Thee. In a world where the very foundations seem to be shaken and the mad fury of battle this very day assails our senses and tears our hearts, we cherish this hushed and hal lowed moment which so long ago the founding fathers set apart as an altar of prayer at the day's beginning.
Grant that those who by the peoples choice have been called to high places of state in this fateful day, conscious of the great tradition In which they stand, assuming responsibilities as heavy as the servants of this state have ever borne. Fill these servants of Thine with Thy Spirit, the Spirit of wisdom and understanding, the Spirit of knowledge and the fear of Thee.
Grant us such a vision of our state and it's tremendous needs as to make us sharers with Thee in saving it from the worst that is in man, to the best that is in Thy will and plan when Thy Kingdom comes. In the Name of Christ we ask it. 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:

WEDNESDAY, FEBRUAEY 4, 1970

961

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 Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1427. By Mr. Milford of the 12th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to delete therefrom the present provisions applicable to the establishment of rates and substituting in lieu thereof the method and procedures formerly employed by the State of Georgia for the fixing of insurance rates; and for other purposes.
Referred to the Committee on Insurance.

HB 1428. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to create a new board of education of Coffee County; to provide for the membership of said board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1429. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1430. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to pro vide that each member of the Advisory Board shall be elected by the qualified voters of the whole county; to change the compensation of the Commissioner and of the Advisory Board; and for other purposes.
Referred to the Committee on Local Affairs.

962

JOURNAL OF THE HOUSE,

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum allotted to the sheriff for the purpose of feeding prisoners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1433. By Messrs. Whaley of the 93rd, Johnson of the 29th, Rush of the 51st, Parker of the 46th and Salem of the 51st:
A Bill to be entitled an Act to amend Code Section 92-3105, relating to corporations and organizations exempt from State income tax, so as to repeal the provisions exempting banks and trust companies, including savings banks incorporated under the banking laws of this State or of the United States, doing a general banking business, from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1434. By Messrs. Whaley of the 93rd, Johnson of the 29th, Rush and Salem of the 51st and Parker of the 46th: 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 repeal the provisions exempting sales to State banks from the taxes imposed by said Act where it is determined that the National banks enjoy an im munity from such taxes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1435. By Messrs. Rush and Salem of the 51st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th: A Bill to be entitled an Act to authorize the official court reporter of

WEDNESDAY, FEBRUARY 4, 1970

963

certain judicial circuits to employ secretarial assistance; and for other purposes.
Referred to the Committee on Local Affairs.

HR 682-1436. 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 27, 1969, suspending the collection of the tax im posed 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.
Referred to the Committee on Ways and Means.

HR 683-1436. 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 27, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' 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 Gen eral Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 684-1436. 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 April 1, 1969, suspending the collection of penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation on ad valorem taxes paid thereon on or before April 21, 1969, until the next meeting of the General Assem bly; and for other purposes.
Referred to the Committee on Ways and Means.
HR 685-1436. 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 December 30, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, on fares and charges collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

964

JOURNAL OF THE HOUSE,

HE 686-1436. 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 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale of food to certain private non-profit, accredited ele mentary schools until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 687-1436. 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 27, 1969, suspending the collection of the Georgia tax levied by an Act approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 688-1436. 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 27, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non profit hospitals until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 689-1436. By Messrs. Dean of the 76th, Shepherd of the 107th, Hood of the 99th, Jordan of the 55th, and others:
A Resolution creating the Georgia Human Rights Commission; and for other purposes.
Referred to the Committee on Welfare.

HR 690-1436. By Mr. Dean of the 76th:
A Resolution creating the Study Committee on Consumer Affairs; and for other purposes.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 4, 1970

965

HR 691-1436. By Mr. Westlake of the 75th: A Resolution compensating William C. Vonier; and for other purposes.
Referred to the Committee on Appropriations.

HR 692-1436. By Messrs. Bohannon and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational tech nical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 693-1436. By Mr. Bohannon of the 20th: A Resolution compensating Hubert You; and for other purposes.
Referred to the Committee on Appropriations.

HR 694-1436. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A Resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.
Referred to the Committee on Auditing, Enrolling, Engrossing and Journals.

Mr. Black of the 45th moved that HR 694-1436 be ordered engrossed.

The motion prevailed.

HR 694-1436 was ordered engrossed.

HB 1437. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create and establish the Folkston-Charlton County Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1438. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to provide for the election of the members of the board of education of Charlton County; to provide for a referen dum; and for other purposes.
Referred to the Committee on Local Affairs.

966

JOURNAL OP THE HOUSE,

HB 1439. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Charlton County; so as to increase the number of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1440. 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 the tax commissioner of Camden County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1441. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Brantley County upon an annual salary, so as to provide that it shall be within the sole discretion of the sheriff as to who will be appointed deputy sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1442. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1443. By Messrs. Wilson, McDaniell, Henderson, Atherton, Housley, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the maximum compensation which may be paid to assistant district attorneys; and for other purposes.
Referred to the Committee on Local Affairs.

HR 695-1443. By Messrs. Westlake, Davis, Higginbotham and Floyd of the 75th, Morris and Bell of the 73rd, Harris, Farrar, Thomason of the 77th, and others:
A Resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 4, 1970

967

HB 1444. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Code Section 56-817b, relating tothe situs of risks and the necessity of signatures on certain policies, so as to provide that no countersignature of a resident agent need appear on any contract of insurance issued under an assigned risk plan; and for other purposes.
Referred to the Committee on Insurance.

HB 1445. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Code Chapter 56-5, relating to the procedures for the establishment of rates for casualty, surety, vehicle, property, marine and transportation insurance, so as to define the term "private passenger automobiles" and "residential properties"; and for other purposes.
Referred to the Committee on Insurance.

HB 1446. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A Bill to be entitled an Act to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes. Referred to the Committee on State Institutions & Property.
HB 1447. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A Bill to be entitled an Act to create the State Board of Examiners of Heating, Air-Conditioning and Electrical Contractors; to provide for the membership of said Board and for their appointment and terms of office; and for other purposes. Referred to the Committee on Industry.
HB 1448. By Messrs. Farmer of the 16th, Ballard of the 23rd, Sorrells of the 24th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating a Board of Poly graph Examiners and providing for the licensing regulation of poly graph examiners so as to provide that an attorney may administer poly graph examinations without a license if the polygraph is used as an adjunct to his law practice; and for other purposes.
Referred to the Committee on Judiciary.
HR 696-1448. By Mr. Smith of the 43rd:
A Resolution to compensate B. F. Ogburn and Rev. Inman Gerald; and for other purposes.
Referred to the Committee on Appropriations.

968

JOURNAL OF THE HOUSE,

HB 1449. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome so as to provide that the City general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.
Referred to the Committee on Local Affairs.

HR 697-1450. By Mr. Graves of the 9th: A Resolution compensating Mr. Bill Pullen; and for other purposes.
Referred to the Committee on Appropriations.

HB 1451. By Messrs. Levitas and Harris of the 77th:
A Bill to be entitled an Act to provide to the State of Georgia a limited right to appeal certain orders, decisions and judgments in criminal cases; to provide which orders shall be appealable by the State of Geor gia; and for other purposes.
Referred to the Committee on Judiciary.

HB 1452. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for certain counties comprising said circuit; 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 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd, and others:
A Bill to be entitled an Act to amend an Act authorizing the Clerk of the Superior Court of any County of the State to install and use photo-

WEDNESDAY, FEBRUARY 4, 1970

969

static equipment or other photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.

HB 1389. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend Section 92-6201 of the Code of Georgia, relating to the time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city having a population of more than 400,000; and for other purposes.

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to authorize the State Department of Archives and History to study the problem of record-keeping in Fulton County and to make recommendations to the governing authorities and the various officers and department heads, including the tax authorities of Fulton County and to make recommendations on the reduction and management of records; and for other purposes.

HB 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend an Act to provide a uniform County Commissioners law for such counties as may require a Commis sion form of government, so as to provide that no person shall be County Manager before he shall have attained his twenty-fifth birthday; to provide a period of probation of twelve months for any newly ap pointed County Manager, during which time he may be discharged without cause, and without the right of hearing; and for other purposes.

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Carnes of the 104th, Ezzard of the 102nd, Gates of the 95th, Shepherd of the 107th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to change the designation of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attorney", respectively; and for other purposes.
HB 1393. By Messrs. Harris and Farrar of the 77th, Westlake, Davis, Floyd and Higginbotham of the 75th, Morris of the 73rd, Collins of the 72nd and others:
A Bill to be entitled an Act to provide for and regulate the payment out of the county treasuries of the circuit of official court reporters of

970

JOURNAL OF THE HOUSE,

the Superior Courts in judicial circuits of this State having therein a county of not less than 250,000 population and not more than 500,000; and for other purposes.

HB 1394. 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; and for other purposes.

HB 1395. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend Code Section 26-2309, relating to enforcement of the separation of powers provision of the Constitution, so as to clarify the words "clerks" does not apply to Clerks of the Superior Courts; and for other purposes.

HB 1396. By Mr. Hargrett of the 58th: A Bill to be entitled an Act to provide for the manner of appointment of members of the Board of the Wayne County Hospital Authority; and for other purposes.
HB 1397. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits; and for other purposes.
HB 1398. By Mr. Jordan of the 55th: A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, so as to change the compensation of the mayor and city commissioners; and for other purposes.
HB 1399. By Mr. Douglas of the 42nd: A Bill to be entitled an Act to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the deputy sheriff of Johnson County; and for other purposes.
HB 1400. By Mr. Phillips of the 50th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners, so as to change the compensation of the clerk of the Board of Commissioners; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

971

HB 1401. 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.

HB 1402. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to provide for an increase in fines and other punishment for all offenses against the ordinances of said city; and for other pur poses.

HB 1403. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to provide for the disposition of insolvent costs from fines and forfeitures arising from traffic cases in certain counties; and for other purposes.

HB 1404. 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 of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.

HB 1405. By Messrs. Games of the 104th and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 30-127, relating to custody of children, so as to change the age at which a child shall have the right to select the parent with whom he desires to live; and for other purposes.

HB 1406. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to prohibit the State Revenue Commissioner or any of his county tag agents from issuing a license tag for any motor vehicle unless the owner thereof provides written evidence that he has then in force a liability insurance policy covering said motor vehicle; and for other purposes.

HB 1407. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the clerk; and for other purposes.

972

JOURNAL OF THE HOUSE,

HB 1408. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Hinesville, so as to change the salary of the Solicitor of said Court; and for other purposes.

HB 1409. By Mr. Jones of the 59th:
A Bill to be entitled an Act to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; and for other purposes.

HB 1410. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Hinesville, so as to change the salary of the judge of said court; and for other purposes.

HB 1411. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.

HB 1412. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Liberty County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1413. By Messrs. Harris of the 77th and Carnes of the 104th:

'

A Bill to be entitled an Act to amend an Act applying to counties having a population of not less than 300,000 and directing the county commis sioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; and for other purposes.

HB 1414. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Levitas, Thomason of the 77th, Geisinger of the 72nd, Bell of the 73rd and others:
A Bill to be entitled an Act to amend Code Section 92-6201, relating to the time for making tax returns, so as to provide that the tax commis sioner of any county of this State having a population of not less than 250,000 nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

973

HB 1415. By Messrs. Westlake, Davis and Ployd of the 75th, Harris, Thomason and Levitas of the 77th, Geisinger of the 72nd, Bell of the 73rd and others:
A Bill to be entitled an Act to repeal an Act entitled "Revision and Completion of Tax Assessments in certain counties"; and for other purposes.

HB 1416. By Messrs. Smith of the 3rd, Adams of the 100th and Carnes of the 104th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the registration and regulation of cemeteries. . .", so as to provide that the assets of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; and for other purposes.

HR 672-1416. By Messrs. Roach and Harris of the 10th:
A Resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton, Ga. easements for the con struction, maintenance and operation of water and sewer lines over and through certain State-owned property situate in Cherokee County; and for other purposes.

HR 673-1416. By Mr. Hargrett of the 58th: A Resolution compensating Mr. James West; and for other purposes.

HR 674-1416. By Mr. Colwell of the 5th:
A Resolution compensating Mr. James R. Ledford; and for other pur poses.

HR 675-1416. By Mr. Colwell of the 5th:
A Resolution compensating Mr. James W. Fields; and for other pur poses.

HR 676-1416. By Mr. Colwell of the 5th: A Resolution compensating Mr. V. E. Sisk; and for other purposes.

HB 1417. By Messrs. Snow and Crowe of the 1st: A Bill to be entitled an Act to amend an Act incorporating the City of

974

JOURNAL OF THE HOUSE,

Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; and for other purposes.

HB 1418. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, and tax collector, the ordinary, and the coroner; and for other purposes.

HB 1419. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee basis, so as to change the compensation of the sheriff; and for other purposes.

HB 1420. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act repealing an Act creating a commissioner of roads and revenues for McDuffie County and creating a three member board of commissioners of roads and revenues for Mc Duffie County, so as to change the compensation of the chairman and members of said Board; and for other purposes.

HE 678-1420. By Mr. Kreeger of the 117th: A Resolution compensating Mrs. J. A. Aguirre; and for other purposes.

HB 1421. By Messrs. Ware of the 30th, Gignilliat of the 89th, Wood of the llth, Russell of the 70th, Crowe of the 1st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act", so as to change the qualifications of the Adjutant General; and for other purposes.

HB 1422. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize and empower the board of county commissioners in certain counties of this State to prescribe, im pose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admission to places of amusement, sport or enter tainment; and for other purposes.

HR 679-1422. By Mr. Knowles of the 22nd: A Resolution compensating Harold B. Self, Jr.; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

975

HR 680-1422. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County; and for other purposes.

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the name of said court to the "Civil and Criminal Court of Worth County" and to provide that said court shall have jurisdiction to try and dispose of certain criminal cases; and for other purposes.

HB 1424. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Sylvester, so as to authorize said city to extend its elec tric-power lines, water mains, sewerage service lines, and natural gas lines beyond the corporate limits of the City of Sylvester and to serve customers on mains and lines so extended at rates fixed by it; and for other purposes.

HB 1425. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners; and for other purposes.

HB 1426. By Messrs. Rainey and Bowen of the 47th: A Bill to be entitled an Act to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine and forfeiture fund of said county; and for other purposes.
HR 681-1426. By Mr. Gunter of the 6th: A Resolution compensating Mr. Everett F. Kitchen; and for other purposes.
SB 312. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend an Act, creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; and for other purposes.

976

JOURNAL OF THE HOUSE,

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd and others:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the Fund to receive a percentage of certain fines; and for other purposes.

SB 318. By Senator Smalley of the 28th:
A Bill to be entitled an Act to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limita tions for such investments; to establish the standards for fiduciary in vestment companies to qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes.

SB 330. Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th, and others:
A Bill to be entitled an Act to create The Advisory Committee on Retire ment Systems; and for other purposes.

SB 375. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; and for other purposes.
SB 376. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; and for other purposes.
SB 380. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to be entitled an Act to authorize Area Planning and Develop ment Commissions to undertake certain activities to facilitate the de velopment of housing, and in connection therewith, to authorize said Commissioner to assist political subdivisions in the development of cer tain agreements and provide certain technical assistance to public bodies; and for other purposes.
SB 381. By Senators Trippe of the 31st, Hensley of the 43rd, Patton of the 40th, and others:
A Bill to be entitled an Act to amend the Act known as the "Urban Re development Law", so as to provide that the acquisition, planning, prepa-

WEDNESDAY, FEBRUARY 4, 1970

977

ration for development or disposal of undeveloped open land shall con stitute an urban redevelopment project under certain circumstances; and for other purposes.

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to be entitled an Act to amend the Act creating the State Build ing Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; and for other purposes.

SB 389. By Senator Coggin of the 35th: A Bill to be entitled an Act to create the Georgia Professional Corpora tion Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; and for other pur poses.
SR 209. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th, and others: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the creation of a single agency of the State government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, etc.; and for other purposes.
SR 229. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others: A Resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.
Mr. Parker of the 44th District, Vice-Chairman of the Committee on Educa tion submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill

978

JOURNAL OP THE HOUSE,

of the House and has instructed me to report same back to the House with the following recommendations:
HB 1121. Do Pass, as amended.
Respectfully submitted, Parker of the 44th, Vice-Chairman.

Mr. Rainey of the 47th District, Chairman of the Committee on Game & Pish, submitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1374. Do Pass. HB 1375. Do Pass. HB 1118. Do Not Pass. HB 1372. Do Pass. HB 1376. Do Pass.
Respectfully submitted, Rainey of the 47th, 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 following Bill of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 312. Do Pass by Substitute.
Respectfully submitted, Lee of the 21st, Chairman.

WEDNESDAY, FEBRUARY 4, 1970

979

Mr. Conner of the 56th District, 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 to report same back to the House with the following recommendations:
SB 222. Do Pass.
SB 334. Do Pass.
Respectfully submitted,
Conner of the 56th,
Chairman.

Mr. Harris of the 77th District, 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 Senate and has instructed me to report back to the House with the following recommendations:
HB 1353. Do Pass by Substitute. HB 1350. Do Pass. HB 1352. Do Pass. HB 1351. Do Pass. SB 300. Do Pass as Amended. HB 1129. Do Pass by Substitute. HB 1206. Do Pass as Amended. HB 179. Do Pass by Substitute. HB 1390. Do Pass.
Respectfully submitted, Harris of the 77th Chairman.
Mr. Clarke of the 33rd District, Chairman of the Committee on Local Af fairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow-

980

JOURNAL OF THE HOUSE,

ing Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 1242. Do Pass. HB 1360. Do Pass. HB 1381. Do Pass. HB 1385. Do Pass. HB 1386. Do Pass. HB 1387. Do Pass. HR 669-1385. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Williams of the llth District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB

221. Do Not Pass.

HB

356. Do Not Pass.

HB

761. Do Not Pass.

HB 1017. Do Not Pass.

HB 1016. Do Not Pass.

HB 1379. Do Not Pass.

HB 1218. Do Pass by Substitute.

HR 614-1241. Do Pass.

HR

484. Do Not Pass.

SB

243. Do Not Pass.

SB

323. Do Pass.

SB

385. Do Not Pass.

Respectfully submitted,

Williams of the llth,

Chairman.

WEDNESDAY, FEBRUARY 4, 1970

981

Mr. Lambert of the 25th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill of the House a.nd has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 1155. Do Pass.
Respectfully submitted,
Lambert of the 25th,
Vice-Chairman.

Mr. Howell of the 60th District, Vice-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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 1282. Do Pass as Amended. HB 1085. Do Pass by Substitute. HR 590-1209. Do Pass. HB 1117. Do Pass by Substitute. HB 1293. Do Pass. HB 1292. Do Pass. HB 1361. Do Pass.
Respectfully submitted, Howell of the 60th, Vice-Chairman.

Mr. Melton of the 32nd District, 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 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 recom mendations :
HB 1078. Do Pass as Amended.

982

JOURNAL OF THE HOUSE,

HB 1321. Do Pass.

HB 1322. Do Pass.

HR 117- 287. Do Pass.

SR

216. Do Pass.

SR

217. Do Pass.

SB

340. Do Pass.

SB

341. Do Pass.

HR 658-1345. Do Pass.

HB 1323. Do Pass.

HB 1346. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

By unanimous consent, the rules were suspended in order that the follow ing Resolutions of the House could be introduced, read the first time and re ferred to the committees:

HR 698-1453. By Mr. Barber of the 15th: A Resolution compensating Gayle Hanson Jackson; and for other purposes.
Referred to the Committee on Appropriations.
HR 699-1453. By Mr. Pafford of the 64th: A Resolution compensating Mr. Earl Bruce Shepard; and for other purposes.
Referred to the Committee on Appropriations.
HR 700-1453. By Mr. Toles of the 9th: A Resolution compensating Mr. Walter A. Collins; and for other purposes.
Referred to the Committee on Appropriations.

HR 701-1453. By Mr. Toles of the 9th:
A Resolution compensating Mrs. Hazel Thomas Whitaker; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 4, 1970

983

HR 702-1453. By Mr. Toles of the 9th: A Resolution compensating Mr. Henry Akins; and for other purposes.
Referred to the Committee on Appropriations.

HR 705-1460. By Mr. Graves of the 9th:
A Resolution compensating Mrs. Martha C. Owens; and for other purposes.
Referred to the Committee on Appropriations.

HR 706-1469. By Mr. Barber of the 15th:
A Resolution compensating Mr. Claude Chambers, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate agrees to the House substitute to the following Bill of the Senate, to-wit:

SB 293. By Senators Dean of the 6th, Spinks of the 9th, and others:
A Bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, approved Mar. 7, 1960, as amended, by an Act approved Apr. 10, 1968, so as to change the membership of the Tobacco Ad visory Board; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 259-788. By Messrs. Mason and Nash of the 13th: A Resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.
The Senate has adopted the following Resolution, to-wit:
HR 671. By Mr. Dickinson of the 118th: A Resolution honoring Douglas County in this, its centennial year; and for other purposes.

984

JOURNAL OP THE HOUSE,

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

SB 367. By Senator Kidd of the 25th:
A Bill to increase the membership of the Board of Education of Bald win County by two members; to repeal conflicting laws; and for other purposes.

SB 401. By Senator Abney of the 53rd: A Bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compen sation of said officer; to repeal conflicting laws; and for other purposes.
SB 402. By Senator Abney of the 53rd: A Bill to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relating to the compensation of said commissioner; to repeal conflicting laws; and for other purposes.
SB 405. By Senators Chapman of the 32nd and Reeder of the 55th: A Bill to amend an Act, relating to the destruction of records of the various state departments, so as to provide that the State Department of Public Health may in its discretion destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; and for other purposes.
SB 411. By Senator Rowan of the 8th: A Bill to amend an Act placing the sheriff of Berrien County upon an annual salary; so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th: A Bill 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 gasoline used for non-highway purposes; and for other purposes.
HB 1165. By Messrs. Brown and Melton of the 32nd: A Bill to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

985

HB 1184. By Messrs. Melton and Brown of the 32nd:
A Bill to reincorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; and for other purposes.

HB 1185. By Messrs. Nunn and Peterson of the 41st:
A Bill to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the compensation of the mayor and councilmen may be changed; and for other purposes.

HB 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th and others:
A Bill to provide for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, to define its powers and duties concerning primaries and elections; to pro vide a method of appointment, resignation and removal of its mem bers ; and for other purposes.

HB 1188. By Messrs. Nunn and Peterson of the 41st:
A Bill creating a Board of Commissioners of Houston County, so as to provide a procedure whereby the compensation of the members of the Board of Commissioners may be changed; and for other purposes.

HB 1193. By Mr. Joiner of the 35th:
A Bill to amend an Act creating the office of tax commissioner of Washington County, so as to change the compensation of the deputy tax commissioner and the assistants to the tax commissioner; and for other purposes.

HB 1213. By Mr. Collier of the 54th:
A Bill to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; and for other purposes.

HB 1214. By Mr. Collier of the 54th: A Bill to provide an annual salary for the sheriff of Terrell County; and for other purposes.
HB 1215. By Mr. Collier of the 54th: A Bill to amend an Act abolishing the fee system of compensating the

986

JOURNAL OF THE HOUSE,

clerk of the Superior Court of Lee county and providing in lieu there of an annual salary, so as to change the method of determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.

HB 1229. By Mr. Brooks of the 17th:
A Bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; and for other purposes.

HB 1236. By Mr. Dailey of the 53rd:
A Bill to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun County; and for other purposes.

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

SR 203. By Senators Patton of the 40th, Webb of the llth, Tysinger of the 41st, and others:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law from time to time, for the in crease of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, etc.; and for other purposes.

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and re development work, etc.; and for other purposes.

SR 242. By Senator Broun of the 46th:
A Resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

987

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

SB 395. By Senator Abney of the 53rd:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, as amended, so as to change the pro visions relative to the compensation, expenses and allowances of the Commissioner; to repeal conflicting laws; and for other purposes.

SB 408. By Senators Gillis of the 20th, Holloway of the 12th, Abney of the 53rd and others:
A Bill to amend an Act known as "The Welfare Reorganization Act of 1937", as amended, so as to provide that the State Department of Family and Children Services shall be under the control and supervision of the State Board of Family and Children Services; to repeal conflicting laws; 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:

SB 367. By Senator Kidd of the 25th:
A Bill to be entitled an Act to increase the membership of the Board of Education of Baldwin County by two members; and for other purposes.
Referred to the Committee on Local Affairs.

SB 395. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, so as to change the provisions relative to the compensation, expenses and allowances of the Commissioner and for other purposes.
Referred to the Committee on Local Affairs.
SB 401. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; and for other purposes.
Referred to the Committee on Local Affairs.

988

JOURNAL OF THE HOUSE,

SB 402. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relat ing to the compensation of said Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act relating to the destruction of records of the various state departments, so as to provide that the State Department of Public Health may, in its discretion, destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 408. By Senators Gillis of the 20th, Holloway of the 12th, Abney of the 53rd, and others:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to provide that the State Depart ment of Family and Children Services shall be under the control and supervision of the State Board of Family and Children Services; and for other purposes.
Referred to the Committee on Welfare.

SB 411. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compen sation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

SR 203. By Senators Patton of the 40th, Webb of the llth, Tysinger of the 41st, and others:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law from time to time, for the increase of retirement or pension benefits of retired persons who re tired pursuant to any retirement system, annuity and benefit fund; and for other purposes.
Referred to the Committee on Retirement.

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law that any county, mu-

WEDNESDAY, FEBRUARY 4, 1970

989

nicipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelop ment work; and for other purposes.
Referred to the Committee on Industry.

SR 242. By Senator Broun of the 46th:
A Resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes.
Referred to the Committee on State Institutions and Property.

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

HB 1242. By Messrs. Leonard, Smith and Cole of the 3rd:
A Bill to he entitled an Act to reincorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to pre scribe the corporate limits 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 1360. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act ammending and revising the Charter for the City of Fitzgerald 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 110, nays 0.

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

990

JOURNAL OF THE HOUSE,

HB 1381. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act of the General Assembly incorporating the City of Toccoa, as amended, so as to add additional lots or parcels of land into the city 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 110, nays 0.

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

HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation 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 110, nays 0.

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

HB 1386. By Messrs. Lee, Odom, Busbee and Hutchinson of the 61st: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Baker County, known as the fee system; to provide in lieu thereof an annual salary; 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, FEBRUARY 4, 1970

991

HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Baker County, as amended, so as to change the com pensation of the 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 110, nays 0.

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

HR 669-1385. By Messrs. Nunn and Peterson of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; to provide 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 VIII, Section XIII, Paragraph I of the Con stitution is hereby amended by adding at the end thereof the following paragraph:
"The Board of Education of Houston County shall be au thorized to grant to the parents or guardians, or directly to the private educational institution, of any educatable or trainable mentally retarded or hearing impaired or physically handicapped resident of Houston County, who is 25 years of age or less, a grant when such resident is attending a private educational insti tution. Such grants shall be made from the funds raised for the maintenance and support of the public educational system of Hous ton County. The amount of such grant shall be a sum equivalent to the total budget of the Houston County school system for the im mediately preceding fiscal year, divided by the average annual public school pupil population of the Houston County school system. The Board shall have the authority to reduce the amount of any grant by a sum equivalent to any grants for such residents from the State Board of Education. No educational grants, under the pro visions of this paragraph, shall be authorized after the complete implementation of the provisions of an Act relating to special edu cational facilities for exceptional children, approved March 7, 1968

992

JOURNAL OF THE HOUSE,

(Ga. Laws 1968, p. 120). The Board of Education of Houston County shall establish minimum standards which must be main tained by private educational institutions which are attended by
such residents in order for the applicant for such a grant to be entitled to receive same. In addition, the Board of Education is authorized to establish and promulgate such rules and regulations as they deem necessary relating to the administration of this paragraph."

Section 2. The above proposed amendment to the Constitution 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 au thorize the Board of Education of Houston County
NO ( ) to make grants for the purpose of educating or training certain handicapped citizens of Houston County?"

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.

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 Battle Bennett Berry Black Blalock Bohannon

Bond Brantley, H. H. Brantley, H. L.
Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell

Gates Cole Collier
Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe

WEDNESDAY, FEBRUARY 4, 1970

993

Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Edwards Egan Ezzard Fallin Farrar Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Holder Horton

Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Leonard Levitas Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moore Mullinax Nash Nessmith Nunn

Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Roach Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sweat Thomason Thompson, A. W. Thompson, R .
Toles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs:

Ballard Barfield Bell Bostick
Bo wen Carnes Chandler Clarke Cook DeLong Douglas Ellis Evans Farmer Felton

Gary Grahl Griffin Hale Hamilton
Hawes Hill, G. Hood Jones, Herb Jordan, H. S. Keyton Lee, W. J. (Bill) Lee, W. S. Lewis Longino

Matthews, D. R. McCracken Moate Morris Murphy Northcutt Odom Parker, C. A. Pickard Pinks ton Rainey Reaves Ross Rowland Rush

994
Russell Salem Scarborough Smith, V. T.

JOURNAL OF THE HOUSE,

Sorrells Townsend Vaughn Wamble

Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 0.

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

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, February 4, 1970, and submits the following:

HB

191. Public Service Commission, salary.

HB

282. Motor Vehicles, exhaust system.

HB

348. Driver's licenses, revocation, suspension.

HB

349. Motor vehicles, driver examination.

HB

683. Public Records Inspection.

HB

695. Fire Departments, employees, settlement of disputes.

HB 1033. State Arborist Board, create.

HR 555-1121. Local control of Public Education.

HB 1135. Banks, define branch, facility.

HB 1143. Urban Redevelopment Area, dispose of property.

HB 1144. Undeveloped Open Land, acquire, dispose.

HB 1145. Urban Development accept factory built housing.

HB 1146. Building Administrative Board, budget unit.

HR 561-1147. Acquire and dispose of open land.

HB 1199. Coastal Island and Marshlands Planning Commission.

HB 1200. Jekyll Island State Park Authority.

HB 1208. Peace Officers Training Council.

HB 1210. Lobbying, provisions relating to registration.

HB 1297. Bail Bond, Insurance Commission, License Fees.

HR 643-1300. Peach County, Law Books.

HB 1304. Elections, primaries, conduct.

WEDNESDAY, FEBRUARY 4, 1970

995

HR 659-1345. Hospitals, Ad Valorem Taxes.

SR

205. Consumer Credit Code, Study Committee.

SR

321. Trustees compensation, condition of the trust.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lambert of the 25th, Vice-Chairman

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Local Affairs:

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, Gates of the 95th, Brown of the 110th, Bond of the lllth and Shepherd of the 107th:
A Bill to be entitled an Act to create a racing commission in certain counties of this State for regulation, licensing and supervision of dog and horse racing and wagering thereon; to provide for all matters relative to the foregoing; and for other purposes.

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:

HB 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the 16th, Lee of the 21st and others:
A Bill to be entitled an Act to amend Code Chapter 47-10 relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 47-10, relating to lobby ing, so as to change the provisions relating to registration with the Sec retary of State; to change the provisions relating to persons required to register; to provide that the Secretary of State shall issue identification

996

JOURNAL OF THE HOUSE,

;:.:',

cards to such persons; to provide for a registration fee; to require such per sons to carry such identification cards while in the State Capitol dur ing sessions of the General Assembly; to provide for reports to the General Assembly; to provide that it shall be the duty of members of the General Assembly to bring violations to the attention of the respec tive Rules Committees and that the Chairman of said Committees shall report violations to appropriate officials; to provide that the foregoing provisions shall not apply to certain persons; to delete the requirement for reporting of certain expenses; to change the provisions relating to persons excluded from halls; to provide for a penalty; to repeal Code Section 92-503, relating to tax of persons required to register with the Secretary of State pursuant to Code Section 47-1002; 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. Code Chapter 47-10, relating to lobbying, is hereby amended by striking in its entirety Code Section 47-1002, relating to the registration of attorneys and agents of parties interested in legislation and inserting in lieu thereof a new Code Section 47-1002 to read as follows:

.,

"47-1002. Registration with Secretary of State.--
(a) Every person representing, with or without compensation, any person, firm, corporation, association or organization for the purpose, of aiding or opposing directly or indirectly, the enactment of a bill, or bills, resolution or resolutions, by either House of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name, or names of the person, or persons, firm, or firms, corporation, or corporations, associ ation, or associations, organization, or organizations, he represents. This registration shall be valid for only one regular or extraordinary session of the legislature. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with ap propriate indices, and to promptly enter therein the names of the parties appearing, and on whose behalf they appear, which docket shall be open to inspection.

(b) Each person registering with the Secretary of State shall pay to him a registration fee of five ($5.00) dollars. As soon as practical after registering any such person, the Secretary of State shall issue to him an identification card which shall have printed thereon the name of the registered party and person, firm, cor poration, association or organization, he represents; provided, that when any such person represents more than one person, firm, co operation, association or organization, such identification card shall have printed thereon the name of the registered party and the words, "REGISTERED AGENT". Any such person while in the State Capitol, during such times as the General Assembly shall be in session, shall have said identification card on his person

WEDNESDAY, FEBRUARY 4, 1970

997

and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each House of the General Assembly those persons along with the re spective persons, firms, corporations or associations they repre sent who have registered with him. During sessions of the Gen eral Assembly, the Secretary of State shall periodically report to each House those persons who have registered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journals of each House. All mem bers of the House and Senate shall have the responsibility of bringing to the attention of the Rules Committee of each respec tive House violations of this Section and Chapter, and the Chair men of the respective Rules Committees shall have the responsi bility of reporting such violations to appropriate officials.

(c) The provisions of subsections (a) and (b) of this Section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either House of the General Assembly.

(d) The provisions of subsections (a) and (b) of this Section shall not be construed to apply to any person who appears before a committee of either or both Houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not otherwise required to comply with the provisions of subsections (a) and (b) of this Section."

Section 2. Said Code Chapter is further amended by striking in their entirety Code Section 47-1004, relating to reports of expenses which must be filed with the Secretary of State, and Code Section 47-1005, relating to attorneys and agents excluded from halls, and inserting in lieu thereof one Code Section to be designated Code Sec tion 47-1004 and to read as follows:

"47-1004. Persons excluded from halls. It shall be unlawful for any person registered pursuant to the requirements of Code Section 47-1002, or any other person, except as authorized by the rules of the House or Senate, to go upon the floor of either House of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly."

Section 3. Said Code Chapter is further amended by striking in its entirety Code Section 47-1006 and inserting in lieu thereof a new Code Section to be designated Code Section 47-1005 to read as follows:

"47-1005. Punishment. Any person who fails to comply with or violates any of the provisions of Code Sections 47-1002, 47-1003 and 47-1004 shall be guilty of a misdemeanor and upon convic tion thereof shall be punished as for a misdemeanor."

998

JOURNAL OF THE HOUSE,

Section 4. Code Section 92-508, relating to the taxation of persons required to register with the Secretary of State pursuant to Code Sec tion 47-1002, is hereby repealed in its entirety.

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 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 Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Carnes Gates Clarke
Cole Collins, S. Colwell Connell Conner
Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson

Dixon Dodson Dorminy Douglas Egan Ellis Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Funk
Gaynor Geisinger Gignilliat Graves Griffin Gunter Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L.
Hill, G. Holder Horton Hudson Hutchinson Joiner
Jones, C. M. Jones, Herb Jones, M.

Jordan, G. Jordan, H. S. Keen
Keyton Knapp Knowles Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Milford
Miller Moore Morris Mullinax Nessmith Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Phillips, G. S. Phillips, W. R.

Poole Potts Roach Ross Rush Russell
Salem Scarlett Shanahan

WEDNESDAY, FEBRUARY 4, 1970

999

Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason

Thompson, A. W. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams

Those not voting were Messrs.:

Atherton Bostick Bo wen Brantley, H. H. Brooks Buck Burruss Caldwell Chandler Collier Collins, M. Conger Cook Cooper Dean, J. E. DeLong Edwards Evans Ezzard Felton Gary

Grahl Hadaway Hale Hamilton Hargrett Harris, R. W.
Hood Housley Howell Johnson Kreeger Lambert Lee, W. J. (Bill) Lewis Mason Matthews, D. R. McCracken Miles Moate Murphy Nash

Northcutt Pafford
Peters Peterson Phillips, L. L. Pickard Pinkston Rainey
Reaves Rowland Scarborough Shepherd Smith, J. R. Thompson, R. Townsend Vaughn Ware Winkles Wilson Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 132, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Kreeger of the 117th wished to vote "aye" on HB 1210, by substitute.

HB 1199. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A Bill to be entitled an Act to create the Georgia Coastal Islands and Marshlands Planning Commission; and for other purposes.

1000

JOURNAL OP THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to create the Georgia Coastal Islands and Marshlands Planning Commission; to provide for a short title; to pro vide for the membership of said Commission; to provide for the organiza tional meeting of said Commission and for the election of officers; to provide for the expenses and travel allowances of the members of said Commission; to provide the purpose for creating the Commission; to provide that the Commission shall develop a comprehensive land use plan for Georgia's coastal islands and marshlands; to provide that any pro posed use or development of the coastal islands and marshlands, or any part thereof, shall be in conformity with said plan; to provide that the Commission shall have the authority to institute appropriate pro ceedings to enjoin any use or development of the coastal islands and marshlands, or any part thereof, not in conformity with said compre hensive plan; to provide for certain factors that shall be considered by the Commission in developing said comprehensive land use plan; to provide for public hearings; to provide for advertisement of notice of effective date of the comprehensive land use plan and for an addi tional hearing; to provide when said comprehensive plan shall be come effective; to provide for the distribution of copies of said plan; to provide for procedures and requirements relative to the amendment of the comprehensive land use plan; to provide that the Commission shall have certain powers to carry out the purposes for which it was created; to provide that the Commission may act in an advisory capacity and to prescribe the jurisdiction of the Commission; to pro vide for a certain definition; to provide for the construction of this Act; to provide for all procedures, requirements and other matters relative to the foregoing; to provide an efective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Short Title. This Act shall be known and may be
cited as the "Georgia Coastal Islands and Marshlands Planning Com mission Act".

Section 2. Georgia Coastal Islands and Marshlands Planning Com mission, (a) There is hereby created the Georgia Coastal Islands and Marshlands Planning Commission, hereinafter referred to as the Commission, which shall be a State agency and a budget unit of the executive branch of the State government. The Commission shall be composed of twenty-one (21) members as follows:

(1) Four (4) members to be appointed by the Governor and to serve at his pleasure, two of whom shall be residents of the State at large; one of whom shall be a resident of one of the counties of
Chatham, Bryan or Liberty, and one of whom shall be a resident of one of the counties of Mclntosh, Glynn or Camden.

WEDNESDAY, FEBRUARY 4, 1970

1001

(2) Four (4) members to be appointed by the Governor from a list of eight names submitted to him by the Chairman of the Board of Trustees of the Georgia Marshland and Island Founda tion, Inc., and such members shall have the qualifications and serve for terms as provided in subsection (b) of this Section.

(3) Seven (7) ex officio members who shall be: the Attorney General, the State Auditor, the Director of the State Game and Fish Commission, the Director of the Georgia Forestry Commis sion, the Director of the State Parks Department, the Director of the Department of Industry and Trade and the Executive Secre tary of the State Water Quality Control Board.
(4) Three (3) members of the Senate to be appointed by the President of the Senate.
(5) Three (3) members of the House of Representatives to be appointed by the Speaker of the House of Representatives.
(b) Any member of the Commission appointed by the Governor pursuant to paragraph (2) of subsection (a) of this Section shall be a resident of Georgia who: (1) owns a Georgia coastal island or a por tion thereof in his own name, or (2) is a member of the board of trustees of a foundation which owns a Georgia coastal island or por tion thereof, or (3) is a member of the board of directors of a cor poration which owns a Georgia coastal island or portion thereof. Two of such members shall be appointed by the Governor for initial terms of two years beginning with the date of their appointment, and two of such members shall be appointed for initial terms of four years beginning with the date of their appointment. Thereafter, their successors shall be appointed for terms of four years and until their successors are appointed and qualified.
(c) The legislative members of the Commission shall serve for terms concurrent with their terms as members of the General As sembly.
(d) The Attorney General shall call the organizational meeting of the Commission and shall preside at said organizational meeting until the election of a chairman. The chairman shall be elected from the membership of the Commission by a majority vote of the full membership for a term of two years from the date of his election and until his successor is elected and qualified. Subsequent chairmen shall be elected for a term of two years from the date of their election and until their successors are elected and qualified. In the event the chairmanship becomes vacant for any reason, the vacancy shall be filled for the unexpired term in the same manner provided herein for the election of the chairman. The Commission may elect such other officers from its membership as it deems necessary or de sirable. Such other officers shall be elected in the manner prescribed by the bylaws of the Commission and the Commission is hereby authorized to adopt such bylaws as it deems necessary or desirable, providing for such officers and for their election and providing for the government of the members of the Commission and for the regula-

1002

JOURNAL OF THE HOUSE,

tion of the Commission's affairs, but such bylaws shall provide that eleven members of the Commission shall constitute a quorum for the transaction of business.

(e) The legislative members of the Commission shall receive the expenses and travel allowances provided by law for members of interim legislative committees for each meeting of the Commission attended by such members. The funds for such expenses and allow ances shall be paid from funds appropriated or otherwise available to the legislative branch of government. The members appointed by the Governor, when private citizens, shall be compensated in the amount of $25.00 for each meeting attended by said members and shall be reimbursed for expenses and travel in the same manner and at the same rate as provided by law for State employees. In the event the Governor appoints a State official or employee to said Com mission, such member shall receive no compensation for serving on the Commission but shall be reimbursed for expenses and travel as pro vided by law for State officials and employees. The ex officio mem bers of the Commission shall receive no compensation for serving on the Commission but shall be reimbursed for expenses and travel as provided by law for such officials.

Section 3. Purpose of Commission, (a) The Commission is created for the purpose of devising, implementing and enforcing a comprehensive land use plan for Georgia's coastal islands and marsh lands.

(b) When the comprehensive land use plan is implemented by the Commission, any proposed use or development of the coastal islands and marshlands, or any part thereof, shall be in conformity with such plan. In order to make this provision effective, the Commission shall have the authority to institute appropriate proceedings to enjoin any use or development of the coastal islands and marshlands, or any part thereof, not in conformity with said comprehensive plan.

Section 4. Comprehensive Plan, (a) By way of illustration and not of limitation, the Commission shall consider the following factors in developing the comprehensive land use plan for Georgia's coastal islands and marshlands:

(1) The ecological, educational, scientific, historical, aesthetic and recreational significance of the coastal islands and marshlands.

(2) The present uses being made of said islands and marsh lands.

(3) The desires of the owners of the coastal islands and marshlands.

(4) The plans of other State agencies relative to the islands and marshlands under the jurisdiction of such agencies.

WEDNESDAY, FEBRUARY 4, 1970

1003

(5) The requirements of Federal law, and rules and regula tions promulgated pursuant thereto, relative to the islands and marshlands under the jurisdiction of the Federal government or agencies thereof.

(6) Any plans for the use or development of the coastal islands and marshlands which have been prepared, or which may hereafter be prepared, by other State agencies acting separately or jointly with other governmental agencies or private associa
tions and foundations.

(7) Any existing contractual obligations which might in fluence or necessitate certain requirements in connection with the comprehensive land use plan.

(b) The Commission may conduct such number of public hearings as it deems necessary or desirable in connection with the preparation of the comprehensive land use plan and shall conduct not less than five public hearings prior to the hearing after notice of the effective date of the comprehensive land use plan provided for by subsection (c) of this Section. The public hearings may be held at such times and places as the Commission deems appropriate in order for all in terested persons to have the opportunity to express their views con cerning the comprehensive land use plan. The Commission shall take such steps as it deems necessary and appropriate to publicize such hearings in order for interested persons to be fully informed as to the time and place any such hearing shall be held.

(c) During the period of time from 45 to 90 days before the comprehensive land use plan shall become effective, the Commission shall cause to be published in the official organ of each coastal county of Georgia (Chatham, Bryan, Liberty, Mclntosh, Glynn and Camden) a notice stating the effective date of the comprehensive land use plan and stating the time and place that the Commission shall hold a hear ing before said comprehensive land use plan becomes effective. Said notice shall be published in said official organs once each week for two consecutive weeks, and the hearing following such notice shall be set not less than 7 nor more than 21 days after the date of the final publication of such notice. At said hearing, the Commission shall hear and consider testimony relative to the proposed comprehensive land use plan, and if the Commission deems it necessary or desirable, may make final changes in said comprehensive land use plan before it becomes effective.
(d) The comprehensive land use plan shall be prepared by the Commission by not later than January 1, 1972, and shall become ef fective on that date as to any proposed use or development of the coastal islands and marshlands. The comprehensive land use plan may become effective at any time prior to such date, as proclaimed by the Commission, if the Commission is satisfied that it is prepared to promulgate said comprehensive land use plan prior to that date.
(e) When the comprehensive land use plan is prepared by the Commission, copies shall be sent to all State agencies and public cor-

1004

JOURNAL OF THE HOUSE,

porations having any jurisdiction or control over any coastal island or part thereof, to the governing authorities of all coastal counties of Georgia and to the governing authorities of the municipalities lo cated therein and, insofar as they are known to the Commission, to the owners of the coastal islands and marshlands.

Section 5. Amendment of Comprehensive Land Use Plan. The Commission shall have the authority to modify and change the com prehensive land use plan, from time to time, by amendment thereto and shall adopt rules and regulations governing the procedures and requirements relative to the amendment of said plan. Such rules and regulations shall be distributed in the same manner as the compre hensive land use plan in accordance with the provisions of subsection (e) of Section 4 of this Act. No amendment to the comprehensive land use plan shall become effective until notice is given and a hearing is held in the same manner required before the comprehensive land use plan shall become effective pursuant to the provisions of sub section (c) of Section 4 of this Act.

Section 6. Powers. In order to carry out effectively the pur
poses for which it was created, said Commission shall have the follow ing powers:

(a) To make rules and regulations for the proper administration of its powers and duties.

(b) To administer all funds available to the Commission.

(c) To approve or disapprove the proposed acquisition of any coastal island or any part thereof or any marshlands by any State
agency or any public corporation of the State of Georgia, any pro visions of Code Chapter 36-1.1 known as the "State Properties Ac
quisition Law" to the contrary notwithstanding.

(d) To accept any grant of funds made by the United States or any agency thereof or by any individual, association or foundation
for the purpose of carrying out its duties.

(e) To accept gifts, bequests, devises and endowments to be used in carrying out the purposes of this Act.

(f) To create such advisory committees to said Commission as the Commission may deem necessary or desirable.

(g) To act either individually or jointly with any State depart
ment, commission, board, bureau or other State agency in order to carry out its powers and duties.

(h) To request from the various State departments and other agencies of the State and its political subdivisions and their agencies
such information as it may require to carry out its duties and all such departments, agencies and political subdivisions shall, within a rea
sonable time, furnish such requested information to the Commission.

WEDNESDAY, FEBRUARY 4, 1970

1005

(i) To make such recommendations and reports to the Governor and to the General Assembly as it deems necessary or desirable; pro vided, however, the Commission shall make an annual report to the Governor and General Assembly which shall be submitted during the first two weeks of each regular session of the General Assembly.

(j) To contract with agencies of the Federal government, politi cal subdivisions of the State of Georgia and with private persons and corporations.

(k) To do all other things necessary and proper to exercise its powers and carry out its duties as provided by this Act.

Section 7. Executive Director and Employees.

(a) The Commission shall be authorized to employ an Execu tive Director who shall be technically qualified for the duties of said position. The Commission may fix the compensation of the Executive Director at an amount not to exceed $20,000.00 per annum payable in such manner as the Commission shall determine.

(b) With the approval of the Commission, the Executive Director shall be authorized to employ such other personnel as may be re quired to effectively carry out the provisions of this Act. All personnel and employees of the Commission, other than the Executive Director, shall be governed by such rules of position classification, appoint ment, promotion, demotion, transfer, dismissal, qualification, compen sation, seniority privileges, tenure and other employment standards as may now or hereafter be effectuated and established pursuant to a State Merit System authorized by law.

Section 8. Act in an Advisory Capacity, Jurisdiction. The Com mission shall be authorized to act in an advisory capacity to local political subdivisions, local planning commissions, area planning and development commissions, and to persons, firms or corporations in planning for the use and development of the mainland of the Georgia coast to the end that such use and development may be coordinated with the comprehensive land use plan for the coastal islands and marshlands. As to required land uses in conformity with the com prehensive land use plan, the jurisdiction of the Commission shall include all marshlands within the estuarine areas of Georgia and the coastal islands of Georgia. As used herein, "estuarine areas" means all areas of this State having a river, stream or other body of water which has unimpaired natural connection with open sea and within which the seawater is measurably diluted with freshwater derived from land drainage.

Section 9. Construction of this Act. This Act shall not be con strued to amend or repeal the Act known as the "Coastal Marshlands Protection Act of 1970" and the provisions of said Act shall be deemed to be cumulative of and supplemental to the provisions of this Act; provided, however, no provision of the "Coastal Marshlands Pro tection Act of 1970" shall be construed to authorize any use of any coastal marshlands of this State not in conformity with the compre-

1006

JOURNAL OF THE HOUSE,

hensive land use plan for Georgia's coastal islands and marshlands to be promulgated pursuant to the provisions of this Act at any time on and after the date said comprehensive land use plan becomes ef fective.

Section 10. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his
approval.

Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the Committee substitute were read and adopted:
Mr. Egan of the 116th moves to amend HB 1199, Committee sub stitute, by striking from Section 6 (c) the words "or any public cor poration" and substituting therefor the words
", authority or commission,".
Mr. Egan of the 116th moves to amend HB 1199, Committee sub stitute, by adding at the end of Section 9 the following:
"; and provided further that nothing in this Act shall be construed to authorize any activity in or use of coastal marshlands not in conformity with the 'Coastal Marshlands Protection Act of 1970'.".

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.:

Alexander Atherton Ballard Barber Battle Bell Berry Black

Blalock Bostick Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck

Burruss Busbee Caldwell Games Gates Clarke Collier Collins, S.

WEDNESDAY, FEBRUARY 4, 1970

1007

Connell
Cooper Crowe Dailey Davis, E. T.
Davis, W. Dean, J. E. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Funk Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Hill Holder

Horton Housley Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen
Keyton Knapp Knowles Kreeger Lane Lee Levitas Lewis Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Murphy Nessmith Pafford Paris Parker, H. W. Patterson

Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Reaves Roach Rush Russell Salem Scarborough Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams Anderson Barfield Bennett Bowen Cole Gaynor Harrison

Hill, B. L. Joiner Lane, Dick Lee, W. J. (Bill) Leonard Longino Mason Potts

Rainey Ross Scarlett Shanahan Whaley Winkles

Those not voting were Messrs.:

Bohannon Bond Brantley, H. H.

Chandler Collins, M. Colwell

Conger Conner Cook

1008
Daugherty Dean, N. DeLong Felton Floyd, J. H. Floyd, L. R. Griffin Hale Hamilton Hargrett

JOURNAL OF THE HOUSE,

Higginbotham Hood Howell Johnson Jones, C. M. Lambert Matthews, D. R. McCracken Miller Moate

Nash Northcutt Nunn Odom Parker, C. A. Peterson Phillips, G. S. Rowland Smith, V. T. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 22.

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

HR 643-1300. By Mr. Grahl of the 40th:
A Resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Librarian of the Superior Court of Peach 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 ayes were 116, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

SR 205. By Senator Kidd of the 25th:
A Resolution to amend a Resolution creating the Uniform Consumer Credit Code 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 ayes were 117, nays 0.

WEDNESDAY, FEBRUARY 4, 1970

1009

The Resolution, having received the requisite constitutional majority, was adopted.

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the inspection of public records; and for other purposes.", approved Feb. 27, 1959 (Ga. L. 1959), p. 88), as amended, so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of per sonal privacy; 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 1.

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

HR 659-1345 By Mr. Egan of the 116th:
RESOLUTION *
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the pur pose of private or corporate profit and income; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to exempt from all ad valorem taxation the tangible and intangible property of all hospitals not operated for the purpose of private or corporate profit and income."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

1010

JOURNAL OF THE HOUSE,

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 exempt from all ad valorem taxation the tangible and intangible property of
NO ( ) hospitals not operated for the purpose of private or corporate profit and income?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote 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 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
Black Blalock Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Games Gates Chandler Cole

Collier Collins, M. Collins, S. Colwell
Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dent Dickinson Dixon Dodson Douglas Egan Ellis Evans Ezzard Fallin Farmer

Felton Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Holder Horton Housley Howell Hudson Hutchinson

WEDNESDAY, FEBRUARY 4, 1970

1011

Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (BiU) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Miles Milford Miller

Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell Salem Scarborough Scarlett

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

Those not voting were Messrs.:

Barfield Bennett Berry Bond Bowen Brown, B. D. Clarke Davis, W. Dean, N. DeLong Dorminy Edwards Farrar Floyd, J. H.

Floyd, L. R. Hale Hamilton Harris, R. W. Hill, B. L. Hill, G. Hood Johnson Jones, C. M. Levitas Mason Matthews, D. R. McCracken McDaniell

Melton Merritt Moore Odom Peterson Phililps, G. S. Phillips, L. L. Reaves Rowland Smith, J. R. Thomason Thompson, A. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

1012

JOURNAL OP THE HOUSE,

HB 1208. By Mr. Lee of the 61st:
A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.

The following amendment was read and adopted:

Mr. Levitas of the 77th moves to amend HB 1208 as follows: by changing the word "thirteen" to "fourteen" in line 18 on page 2 and by adding in line 13 on page 3 after the word "Acaxlemy" the following: ", the Director of the Institute of Law and Government of the Uni versity of Georgia, or his designee,".
An amendment, offered by Mr. Simmons of the 4th, 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:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Barber Barfield Battle Bell
Bennett Berry Black Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates

Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards

Egan Ellis Evans Ezzard Fallin Farmer Farrar Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. R.

WEDNESDAY, FEBRUARY 4, 1970

1013

Harrison Hawes Henderson Higginbotham Hill, B. L. Housley Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen 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. Maxwell McClatchey McDaniell Melton Miller Moore Morris Nash Nessraith Nunn Odom Pafford Patterson Peters Phillips, W. R. Poole Rainey Roach Rush Salem

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

Those voting in the negative were Messrs.:

Blalock Bray Collins, M. Howell Keyton Mauldin

Miles Milford
Moate Mullinax Murphy Potts

Reaves Russell Simmons Ware

Those not voting were Messrs.:

Alexander Ballard Bohannon Bowen Brooks Caldwell Chandler Cook Daugherty Dean, J. E. DeLong Felton Floyd, J. H. Hale

Hamilton Harris, R. W. Hill, G. Holder Hood Horton Johnson Jones, Herb Matthews, D. R. McCracken Merritt Northcutt Paris Parker, C. A.

Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Ross Rowland Smith, J. R. Snow
Thompson, R. Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 138, nays 16.

1014

JOURNAL OF THE HOUSE,

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

SB 321. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing that such compensation may be paid from time to time as the condition of the trust or the trust estate permits; and for other purposes.

Mr. Levitas of the 77th moved that SB 321 be recommitted to the Committee on Special Judiciary for further study.

The motion prevailed and SB 321 was recommitted.

HB 1297. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Floyd of the 75th, Miller of the 83rd, Battle of the 90th and others:
A Bill to be entitled an Act to regulate the bail bond business in the State of Georgia; to provide for the powers and duties of the State Insurance Commissioner; and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend H. B. 1297 by striking from Section 4 (a) on page 4 the words "individual" and "individuals" and inserting in lieu thereof the words "person" and "persons" in the appropriate places.
By adding a new Section immediately before the existing last Section to read as follows:
"Nothing in the Act shall apply to bonds, bonding, or bonds men in cases other than criminal cases." By adding to Section 31, Paragraph e, page 21, line 22
"including any public funds expended to arrest or produce said defendant."

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

WEDNESDAY, FEBRUARY 4, 1970

1015

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 Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates 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

Dorminy Douglas Edwards Egan Ellis Evans Fallin Farmer Farrar Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knowles, D. L. Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino

Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rush
Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason
Thompson, R.

1016
Toles Vaughn Ware Westlake

JOURNAL OP THE HOUSE,

Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson

Winkles Williams Wood

Those not voting were Messrs.:

Brooks
Buck Collins, M. DeLong Ezzard Felton Ployd, J. H. Grahl Hale Hamilton Hawes' Henderson Hill, G.

Holder
Hood Howell Keyton Knapp Lambert Mason Matthews, D. R. McCracken McDaniell Miles Miller Northcutt

Paris
Parker, C. A. Peterson Phillips Pinkston Rowland Shepherd Thompson, A. W. Townsend Wamble Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Barber of the 15th assumed the Chair.
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 349. By Messrs. Williams of the llth, Hutchinson of the 61st, Barber of the 15th, Cooper of the llth and Wheeler of the 8th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver's licenses, as amended, so as to provide for the examination of all holders of driver's licenses for visual acuity and the knowledge of the rules of the road every four years after a certain date; and for other purposes.
Mr. Williams of the llth moved the previous question be ordered.

WEDNESDAY, FEBRUARY 4, 1970

1017

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

Those voting in the affirmative were Messrs.

Adams Atherton Ballard Battle Bell Black Blalock Bostick Brantley, H. H. Bray Brooks Brown, C. Burruss Busbee Carnes Gates Clarke Collins, S. Colwell Connell Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dent Dodson Dorminy Edwards Egan Ellis Farmer Felton Floyd, L. R. Funk

Gaynor
Gignilliat Grahl Graves Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Horton Housley Howell Hutchinson Joiner 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 Longino Lowrey Marcus Mason Matthews, C. Maxwell

McClatchey Melton Merritt Miles Mullinax Nash Nessmith Northcutt Nunn Pafford Peters Phillips, G. S. Pickard Poole Potts Roach Rush Russell Salem Scarborough Scarlett Shanahan Sherman Sims Sorrells Thomason Toles Townsend Vaughn Ware Westlake Wheeler Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander Anderson Bowen Cole Daugherty Dickinson Ezzard Fallin Farrar

Gary Hadaway Harrington Harris, J. F. Hudson Jordan, G. Leonard Lewis Moore

Morris Rainey Ross Simkins Simmons Sweat Whaley Wilkerson

1018

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barber Barfield Bennett Berry Bohannon Bond Brantley
Brown, B. D. Buck Caldwell Chandler Collier Coiling, M. Conger Conner Dean, J. E. Dean, N. DeLong Dixon Douglas Evans

Floyd, J. H. Geisinger Griffin Gunter Hale Hamilton Henderson Hill, G. Holder Hood Johnson Jones, C. M. Matthews, D. R. Mauldin McCracken McDaniell Milford Miller Moate Murphy Odom

Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R. Pinkston Reaves Rowland Shepherd Smith, J. R. Smith, V. T. Snow Thompson, A. W. Thompson, R. Wamble Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 108, nays 26.

The motion prevailed and the previous question was ordered.

An amendment, offered by Mr. Rainey of the 47th, was read and lost.

An amendment, offered by Mr. Hill of the 94th, was read and lost.
An amendment, offered by Mr. Alexander of the 108th, was read and lost.
The following amendment was read and adopted: Mr. Jones of the 84th moves to amend HB 349 as follows: By striking the words and numbers "January 1, 1970" wherever
they may appear and inserting in lieu thereof "July 1, 1971".
An amendment, offered by Mr. Leonard of the 3rd, was read and lost.
Mr. Rainey of the 47th moved that HB 349 be tabled.

WEDNESDAY, FEBRUARY 4, 1970

1019

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

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Bell
Black Bostick Bowen Brantley, H. H. Brantley, H. L. Chandler Cole Collins, M. Collins, S. Crowe Dailey Davis, W. Dent Dickinson Douglas Edwards Fallin Farrar

Floyd, L. R. Geisinger Griffin Hadaway Hargrett Harrington Harris, J. F. Harrison Henderson Housley Hudson Jordan, G. Keyton Knowles Lane, Dick Lane, W. J. Leonard Miles Moate Moore Morris Murphy

Nessmith Northcutt Patterson Peters Phillips, G. S. Phillips, W. R. Rainey Reaves Roach Ross Russell Scarborough Simmons
Smith, J. R. Smith, V. T. Sweat Thomason Wamble Whaley Wheeler, Bobby Wilkerson Winkles

Those voting in the negative were Messrs.:

Adams Battle Blalock Bohannon Bray Brown, B. D. Brown, C. Burruss Busbee Carries
Gates Clarke Colwell Connell Cook Cooper Daugherty Davis, E. T. Dixon Dodson Egan Ellis Evans Ezzard

Farmer Funk Gary Gaynor Gignilliat Grahl Graves Harris, J. R. Harris, R. W. Hawes Higginbotham Horton Hutchinson Joiner, F. A. Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Lewis

Longino Lowrey Marcus Mason Matthews, C. Maxwell McClatchey McDaniell Melton Merritt Milford Miller Mullinax Nash Nunn Poole Potts Rush
Salem Scarlett Shanahan Sherman Simkins Sims

1020
Sorrells Thompson, R. Toles Townsend

JOURNAL OF THE HOUSE,

Vaughn Ware Wheeler, J. A. Williams

Wilson Wood

Those not voting were Messrs.:

Atherton Barber Barfield Bennett Berry Bond Brooks Buck Caldwell Collier Conger Conner Dean, J. E. Dean, N. DeLong Dorminy

Felton Floyd Gunter Hale Hamilton Hill, B. L. Hill, G. Holder Hood Howell Johnson Jones, C. M. Levitas Matthews Mauldin McCracken

On the motion, the ayes were 66, nays 82.

The motion to table HB 349 was lost.

Odom Pafford Paris Parker, C. A. Parker, H. W. Peterson Phillips, L. L. Pickard Pinkston Rowland Shepherd Snow Thompson, A. W. Westlake Mr. Speaker

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 Atherton Ballard Barfield Battle Bell Bennett Blalock Brantley, H. H. Bray

Brown, C. Burruss Busbee Carnes Gates Clarke Collier Colwell Conger Connell

Cook Cooper Davis, E. T. Dodson Egan Ellis Evans Farmer Funk Gaynor

WEDNESDAY, FEBRUARY 4, 1970

1021

Geisinger Gignilliat Grahl Graves Griffin Harris, J. R. Harris, R. W.
Hawes Higginbotham Horton Howell Hutchinson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Knowles

Lambert Lee, W. S. Le vitas Lewis Lowrey Marcus Mason Matthews, C. Maxwell McClatchey McDaniell Milford Miller Mullinax Nash Nessmith Nunn Pickard Pinkston

Poole Rush Salem Scarlett Shanahan Sherman Simkins Sims Sorrells Sweat Thompson, R. Toles Townsend Vaughn Ware Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Alexander Anderson Black Bohannon Bowen Chandler Cole Collins, M. Collins, S. Crowe Dailey Daugherty Davis, W. Dent Dickinson Douglas Edwards Ezzard Fallin Farrar Floyd, L. R.

Gary Hadaway Hargrett Harrington Harris, J. F. Harrison Henderson Housley Hudson Jordan, G. Keyton Lane, Dick Lane, W. J. Lee,W. J. (Bill) Leonard Longino Miles Moate Moore Murphy Northcutt

Pafford Patterson Peters Phillips, G. S. Phillips, W. R.
Potts Rainey Reaves Roach Ross Russell Scarborough Simmons Smith, J. R. Smith, V. T. Thomason Wamble Westlake Whaley Wheeler, Bobby Wilkerson

Those not voting were Messrs.:

Barber Berry Bond Bostick Brantley, H. L. Brooks Brown, B. D.

Buck Caldwell Conner Dean, J. E. Dean, N. DeLong Dixon

Dorminy Felton
Floyd, J. H. Gunter Hale Hamilton Hill, B. L.

1022
Hill, G. Holder Hood Johnson Jones, C. M. Kreeger Matthews Mauldin McCracken

JOURNAL OF THE HOUSE,

Melton Merritt Morris Odom
Paris Parker, C. A. Parker, H. W. Peterson Phillips, L. L.

Rowland Shepherd Snow Thompson, A. W.
Winkles Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 86, nays 63.

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

Mr. Williams of the llth 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 349, as amended.

The Speaker assumed the Chair.

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 1033. By Mr. Games of the 104th:
A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.

The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to create the State Arborist Board; to provide for its ap pointment, composition, terms and oath of office; to provide that the Joint Secretary of the State Examining Board shall be the Secretary of the Board, and to provide his duties; to provide for the organization of rules, regulations and bylaws of the Board; to provide the Board the power to adopt rules and regulations necessary to administer this Act; to provide for regular and special meetings of the Board; to provide for compensation; to provide exemptions; to provide for licensing of arborists; to provide for fees; to provide for denial, suspension, failure to renew and revocation of licenses; to provide for appeals; to provide

WEDNESDAY, FEBRUARY 4, 1970

1023

for injunctions, to define "arborist"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. A State Arborist Board is hereby created to determine the fitness of and to license arborists to engage in their vocation in order to safeguard home and property owners and tenants against faulty, inadequate, inefficient or unsafe diagnosis, evaluations, treat ment, care, felling, topping, sectioning, controlling or spraying of trees.

The State Arborist Board shall be composed of six members as follows: one member shall be the director of the Georgia Forestry Com mission; one member shall be the State Entomologist; one member shall be a plant pathologist; and three members shall be members of the public who have been engaged continuously for the past five years in the practice of the vocation or arborist. Each member shall be ap pointed to the Board by the Governor, with the approval of the Secre tary of State and confirmed by the Senate, within thirty days of the ef fective date of this Act, for a term of three years and until his suc cessor is appointed and qualified. No member of the Board, who is a licensed professional arborist, shall use his position in the advertising of his business.

Section 2. Each member of the Board shall take an oath of office before the Governor that he will faithfully perform the duties of his office. The Joint Secretary of the State Examining Board shall be the Secretary of the Board, and he shall keep the minutes, books and other records and files of the Board. He shall issue all licenses in the name of the Board and send out all notices, and do such things required by said Board and which are authorized by Code Chapter 84-1. The Joint Secretary shall collect all monies required by this Act and shall remit same to the State Treasurer. All expenses of the Board shall be sub mitted to and approved by the Chairman of the Board and submitted to the Joint Secretary for approval and payment in accordance with law. A majority of the Board shall constitute a quorum for the transac tion of all business.

Section 3. The State Arborist Board, at the first meeting after its appointment, shall organize by electing a chairman and vice-chairman, who shall hold their offices until their successors are elected and quali fied. The Board shall prescribe rules, regulations and bylaws for its proceedings and government. There shall be at least one regular meeting of the Board each quarter. Special meetings shall be held on call of the chairman. Each member shall receive $25.00 for each day of actual attendance upon meeting of the Board and all necessary expenses in curred at such meeting.

Section 4. Powers of the Board; rules and regulations--The Geor gia Arborist Board shall have power:

(1) to administer the provisions of this Act;

1024

JOURNAL OF THE HOUSE,

(2) to make such rules and regulations as are necessary to ad minister the provisions of this Act;

(3) to make rules and regulations necessary for the performance of their duties;

(4) to adopt rules and regulations prescribing the requirements of the Arborist Profession in Georgia; and

(5) to exercise any power usually granted to such Board, neces sary to its usefulness, which is not in conflict with the Constitution and laws of this State.

Section 5. This Act shall not apply to:

(a) any person who performs labor or services at the direction and under the personal supervision of a licensed arborist; or owner of the property; or

(b) any person who performs labor or services for any Federal, State, county, municipal government or agency, or other public agency, or public utility; or

(c) Any person who performs labor or services for any highway contractor, or sub-contractor who is engaged in constructing or main taining any street, road or highway.

Section 6. Any person of good moral character who can prove to the Board that he has regularly practiced the vocation of Arborist for at least six months prior to the effective date of this Act will not have to take the examination as described in Section 7. Such Arborist must apply for a license to the Board within 90 days after the effective date of this Act. All other provisions of this Act will apply to him.

Section 7. Any person desiring to enter upon the vocation of ar borist shall make a written application to the Secretary of the State Arborist Board for a license to practice said vocation, accompanied by a fee of $50.00, together with satisfactory proof that the applicant is at least 21 years of age, is of good moral character, has a certificate of graduation from an accredited college with a degree in forestry, agricul ture or horticulture, or some equivalent area, or, in lieu of a degree, can satisfactorily show that he has been engaged in the vocation of arborist for four years immediately prior to his application. Upon complying with these conditions, the State Arborist Board, if satisfied with same, shall admit said applicant to examination before them, which examina tion may be oral or written, or both, and which shall include such sub jects and questions as determined by the Board. If the examination is satisfactorily completed by the applicant, he shall be granted a license to practice the vocation of arborist. In the event the applicant shall fail to satisfactorily pass the examination, he may at any subsequent meet ing of the Board, have the privilege for further examination with pay ment of the usual fee of $50.00 to the Joint Secretary.

WEDNESDAY, FEBRUARY 4, 1970

1025

Section 8. All licenses issued pursuant to this Act shall expire on December 31 of each year. Applications for renewal licenses shall be made to the Joint Secretary, State Examining Board, on forms pre scribed by the Board, accompanied by a fee of $25.00. Lost licenses may be replaced by applying to the Joint Secretary and accompanying such application with proof and a fee of $10.00. All fees received by the Joint Secretary shall be deposited in the general fund of the State Treasury.

Section 9. The Board may suspend, deny, fail to renew or revoke a license or on the application for any renewal license;

(a) willful disregard or violation of this Act or any regulation or rule promulgated pursuant thereto;

(b) willful disregard or violation of this Act or any regulation or rule promulgated pursuant thereto;

(c) allowing one's license under this Act to be used by an un licensed person;

(d) willfully aiding or abetting another in the violation of this Act or of any regulation or rule promulgated pursuant thereto;

(e) pursuing a continued course of misrepresentation or making false promises through advertising, salesmen, agents, or otherwise in
connection with the business of an arborist; and

(f) failure to possess the necessary qualifications or to meet the requirements of this Act for the issuance or holding of a license.

Appeals shall be in accordance with an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws
1964, p. 338), as amended.

Section 10. The practice of the vocation of arborist by any un licensed person is hereby declared to be a menace and a nuisance, dangerous to the public health and safety, and the State Board of Arborist shall promptly abate such practice by writ of injunction filed in the superior court of the county in which such practice is being conducted, and the writ shall be issued and the practice enjoined un less it shall be made to appear that such practitioner is licensed and registered. The Board is hereby empowered to file such petition and prosecute the said action, and it is made its duty to do so.

Section 11. An "arborist" is a person who, for profit, diagnoses or evaluates the condition of shade or ornamental trees; or recommends or supervises the treatment of such trees; or in any manner or for any purpose treats or cares for such trees or parts thereof; or takes down or fells such trees by topping or by sections; or for control of any diseases, injuries or insects, sprays or treats by any other method such trees or forest trees. Provided this Act shall not apply to Com mercial, Industrial or Private Forest land.

1026

JOURNAL OF THE HOUSE,

Section 12. 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 Ballard Barber Battle Blalock Bohannon Bo stick Brantley, H. L. Bray Brooks Brown C. Games Conger Connell Conner Daugherty Davis, W. Dean, J. E. Dent Dickinson Dodson Evans Ezzard Farmer Farrar

Funk Gary Gignilliat Graves Griffin Harris, J. R. Harris, R. W. Higginbotham Hill, B. L. Holder Hudson Hutchinson Joiner Jones, C. M. Jordan, G. Jordan, H. S. Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lowrey Marcus Matthews, C.

McClatchey Milford Miller Mullinax Nash Nessmith Northcutt Parker, H. W. Peters Phillips, G. S. Pinkston Poole Roach Rush Salem Scarlett Shanahan Sims Smith, V. T. Sorrells Thomason Thompson, R. Toles Townsend Wilkerson

Those voting in the negative were Messrs.:

Anderson Atherton Barfield Black Burruss Cole Collier Colwell Crowe Dailey

Davis, E. T. Dixon Ellis Fallin Gaynor Hadaway Harrington Harris, J. F. Harrison Hawes

Henderson Horton Housley Jones, Herb Jones, M. Knowles Kreeger Leonard Maxwell McDaniell

WEDNESDAY, FEBRUARY 4, 1970

1027

Miles Nunn Pafford Patterson

Pickard Reaves Sherman Simkins

Simmons Sweat Whaley Wilson

Those not voting were Messrs.:

Bell Bennett Berry Bond Bo wen Brantley, H. H. Brown, B. D. Buck Busbee Caldwell Gates Chandler Clarke Collins, M. Collins, S. Cook Cooper Dean DeLong Dorminy Douglas Edwards Egan Felton Floyd, J. H. Floyd, L. R.

Geisinger Grahl Gunter Hale Hamilton Hargrett Hill, G. Hood Howell Johnson Keen Keyton Lambert Longino Mason Matthews, D. R. Mauldin McCraeken Melton Merritt Moate Moore Morris Murphy Odom Paris

Parker, C. A. Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Ross Rowland Russell Scarborough Shepherd Smith, J. R. Snow Thompson, A. W. Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 77, nays 42.
The Bill by substitute, having failed to receive the requisite constitutional majority, was lost.
Mr. Carnes of the 104th 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 1033, by substitute.

Mr. Matthews of the 16th assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was read, and by unanimous consent, further consideration thereof postponed until tomorrow, February 5, 1970:

1028

JOURNAL OF THE HOUSE,

HB 1304. By Mr. 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, relating to elections, as amended, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures con nected with the foregoing; and for other purposes.

Mr. Farmer of the 16th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Acting Speaker announced the House adjourned until 9:30 o'clock, tomor row morning.

THURSDAY, FEBRUARY 5, 1970

1029

Representative Hall, Atlanta, Georgia Thursday, February 5,1970.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. S. L. Skaggs, Pastor, First Bap tist, Church, Tallapoosa, Georgia:
Oh, Lord, Our God, help us to be olive trees to provide the oil of peace and gladness for the troubled waters of our wasted world; or fig trees to give food--food for the soul as well as the body--to the hungry millions of our waiting world; and save us from the selfish, wicked ambitions of the boastful bramble, the Abimelechs, who kill their brothers to attain their unworthy goals. May we always bear in mind the words of Jesus, "He that would be great among you, let him be servant of all." Amen.

By unanimous consent, 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.

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

1030

JOURNAL OF THE HOUSE,

HB 1453. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Code Title 56, relating to insurance, so as to provide for the regulation of insurance holding company sys tems ; to define the term "insurance holding company systems"; and for other purposes.
Referred to the Committee on Insurance.

HB 1454. By Messrs. Graves, Toles and Lowrey of the 9th, Conger of the 68th and Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, so as to provide that 3 years after the effective date of this amendatory Act no applicant shall be eligible unless he shall have held an embalmer's license from the Board for at least a period of 1 year preceding his applicating for a funeral director's license; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1455. By Messrs. Ross of the 26th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses, so as to provide that the said governing authorities may tax astrology, but any said tax shall not exceed $100 per calendar year; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1456. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend Code Section 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1457. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, be amended to provide that the provisions for medical assistance contained therein shall include medi cal assistance rendered by chiropractors; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

THURSDAY, FEBRUARY 5, 1970

1031

HB 1458. By Messrs. Atherton of the 117th, Horton of the 95th, Thomason of the 77th and Marcus of the 105th:
A Bill to be entitled an Act to create a regional council for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other purposes.
Referred to the Committee on Industry.

HB 1459. By Messrs. Barber of the 15th and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to authorize the Execu tive Director of said Corporation to employ personnel, to contract for services and to expend funds for same; and for other purposes.
Referred to the Committee on Education.

HB 1460. By Mr. Lambert of the 25th:
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 provide that such levy shall not be assessed upon or collected from any practitioner who is employed by the United States; and for other purposes.
Referred to the Committee on Ways and Means.

HR 703-1460. By Messrs. Dickinson of the 118th, Johnson of the 29th, DeLong of the 80th, Ballard of the 23rd, Toles and Lowrey of the 9th, Colwell of the 5th, Jones of the 59th, Harris of the 77th and others:
A Resolution authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each patrolman is required to work only a five-day work week; and for other purposes.
Referred to the Committee on State of Republic.

HR 704-1460. By Messrs. Vaughn and Jordan of the 74th:
A Resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Conyers who are 62 years of age or over, or who are totally disabled and who have an income of certain members of the family, not exceeding $4,000 per anunm, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City; and for other purposes.
Referred to the Committee on Ways and Means.

1032

JOURNAL OF THE HOUSE,

HB 1461. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Charlton County Historical Commission; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1462. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1463. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the Mayor and Councilmen to designate the depository for said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1464. By Mr. Longino of the 98th:
A Bill to be entitled an Act to amend Code Section 13-405, relating to the fees to cover the cost of examinations of banks, so as to increase the fees in order to support the cost of operating the Department of Banking; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Games of the 104th, Winkles of the 96th, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act creating the Civil Service Board in Fulton County, so as to provide that no prior residence in Fulton County shall be required for employment in the classified service; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1466. By Messrs. Williams of the llth and Townsend of the 115th:
A Bill to be entitled an Act to provide a method for the easier identi fication of the owners of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 5, 1970

1033

HB 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Battle of the 90th and Hill of the 94th:
A Bill to be entitled an Act to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a four-year term of office, and who shall be elected county-wide and who shall be the President of said Board of Educa tion; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1468. By Messrs. Games of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to provide for two additional Judges of the Superior Court of the Atlanta Circuit at such time as exclusive original jurisdiction of any actions heretofore subject to the Juvenile Court of the County within the Circuit is transferred to the Superior Court; and for other purposes.
Referred to the Committee on Judiciary.

HB 1469. By Messrs. Games of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more exclusive original jurisdiction over juve niles shall be exercised by the Domestic Relations Division of the Su perior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1470. By Messrs. Miller of the 83rd, Dodson of the 82nd, Knapp, Keen, Pinkston, Scarborough and Evans of the 81st:
A Bill to be entitled an Act to provide that it shall be within the dis cretion and power of the judge of any court who has ordered or caused any weapon to be impounded to pass an order directing that any weapon be destroyed if the owner fails to apply for or reclaim possession thereof within 24 months after such weapon has been impounded; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1471. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to authorize the governing authorities of certain counties to create electrical examining boards for the purpose

1034

JOURNAL OF THE HOUSE,

of examining applicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; and for other purposes.
Referred to the Committee on Local Affairs.

HR 707-1471. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemp tions are claimed by one or more owner, heirs or cestui que uses who reside on such property; and for other purposes.
Referred to the Committee on Ways and Means.

HR 708-1471. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation all tangible personal property in transit through this State and all tangible personal property manufactured, processed, or refined in this State and stored for shipment outside the State; and for other purposes.
Referred to the Committee on Ways and Means.

HR 709-1471. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to exempt all new manu facturing plants and additions to existing manufacturing plants within their limits from part of or all ad valorem taxation for five successive years; and for other purposes.
Referred to the Committee on Industry.

HR 710-1471. By Messrs. Parker of the 44th, Wamble of the 69th, Russell of the 70th, Mauldin and Milford of the 12th, Collins of the 62nd, Nessmith of the 44th, and many others:
A Resolution proposing an amendment to the Constitution so as to increase the sales and use tax from 3% to 4%; to provide that total costs of the Minimum Foundation Program of Education shall be borne from State funds; and for other purposes.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 5, 1970

1035

HB 1472. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to five-year license plates, their description, revalidation stickers, county stickers, duplicates and special license plates, so as to require that Georgia license plates contain the words "Peach State"; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1473. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Worth County, so as to change the compensation of said officer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1474. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
Referred to the Committee on Local Affairs.

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

HR 711-1475. By Mr. Cole of the 3rd: A Resolution compensating Mr. Bob Johnston; and for other purposes.

HR 712-1475. By Messrs. Parker, Lane and Nessmith of the 44th: A Resolution compensating John W. Hurst; and for other purposes.

HR 714-1483. By Mr. Chandler of the 34th: A Resolution compensating Mr. Larry Salter; and for other purposes.

HR 719-1488. By Mr. Harris of the 67th: A Resolution compensating Mr. Phillip Cross; and for other purposes.

1036

JOURNAL OF THE HOUSE,

HR 721-1491. By Mr. Grahl of the 40th: A Resolution compensating Mr. Levi E. Akins; and for other purposes.

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

HB 1427. By Mr. Milford of the 12th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to delete therefrom the present provisions applicable to the establishment of rates and substituting in lieu there of the method and procedures formerly employed by the State of Georgia for the fixing of insurance rates; and for other purposes.

HB 1428. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to create a new board of education of Coffee County; to provide for the membership of said board; and for for other purposes.

HB 1429. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes.

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to provide that each member of the Advisory Board shall be elected by the qualified voters of the whole county; to change the compensation of the Commissioner and of the Advisory Board; and for other purposes.

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum allotted to the sheriff for the purpose of feeding prisoners; and for other purposes.

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; and for other purposes.

THURSDAY, FEBRUARY 5, 1970

1037

HB 1433. By Messrs. Whaley of the 93rd, Johnson of the 29th, Rush of the 51st, Parker of the 46th and Salem of the 51st:
A Bill to be entitled an Act to amend Code Section 92-3105, relating to corporations and organizations exempt from State income tax, so as to repeal the provisions exempting banks and trust companies, in cluding savings banks incorporated under the banking laws of this State or of the United States, doing a general banking business, from the taxes imposed by said Act; and for other purposes.

HB 1434. By Messrs. Whaley of the 93rd, Johnson of the 29th, Rush and Salem of the 51st and Parker of the 46th:
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 repeal the provisions exempting sales to State banks from the taxes imposed by said Act where it is determined that the National banks enjoy an immunity from such taxes; and for other purposes.

HB 1435. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of said City; and for other purposes.

HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A Bill to be entitled an Act to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; and for other purposes.

HR 682-1436. 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 27, 1969, suspending the collection of the 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 683-1436. 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 27, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' 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.

1038

JOURNAL OP THE HOUSE,

HR 684-1436. 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 April 1, 1969, suspending the collection of penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation on ad valorem taxes paid there on on or before April 21, 1969, until the next meeting of the General Assembly; and for other purposes.

HR 685-1436. 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 December 30, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, on fares and charges collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the General Assembly; and for other purposes.
HR 686-1436. 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 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale of food to certain private non-profit, accredited elementary schools until the next meeting of the General Assembly; and for other purposes.

HR 687-1436. 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 27, 1969, suspending the collection of the Georgia tax levied by an Act approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein until the next meeting of the General Assembly; and for other purposes.

HR 688-1436. 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 date March 27, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non-profit hospitals until the next meeting of the General Assembly; and for other purposes.

THURSDAY, FEBRUARY 5, 1970

1039

HR 689-1436. By Messrs. Dean of the 76th, Shepherd of the 107th, Hood of the 99th, Jordan of the 55th, and others:
A Resolution creating the Georgia Human Rights Commission; and for other purposes.

HR 690-1436. By Mr. Dean of the 76th:
A Resolution creating the Study Committee on Consumer Affairs; and for other purposes.

HR 691-1436. By Mr. Westlake of the 75th: A Resolution compensating William C. Vonier; and for other purposes.

HR 692-1436. By Messrs. Bohannon and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County; and for other purposes.

HR 693-1436. By Mr. Bohannon of the 20th: A Resolution compensating Hubert You; and for other purposes.

HR 694-1436. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A Resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.

HB 1437. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create and establish the PolkstonCharlton County Airport Authority; and for other purposes.

HB 1438. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to provide for the election of the members of the board of education of Charlton County; to provide for a referendum; and for other purposes.

HB 1439. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Charlton County, so as to increase the number of Commissioners; and for other purposes.

1040

JOURNAL OP THE HOUSE,

HB 1440. 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 the tax commis sioner of Camden County; and for other purposes.

HB 1441. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Brantley County upon an annual salary, so as to provide that it shall be within the sole discretion of the sheriff as to who will be appointed deputy sheriff; and for other purposes.

HB 1442. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; and for other purposes.

HB 1443. By Messrs. Wilson, McDaniell, Henderson, Atherton, Housley, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the maximum compensation which may be paid to assistant district attorneys; and for other purposes.

HR 695-1443. By Messrs. Westlake, Davis, Higginbotham and Floyd of the 75th, Morris and Bell of the 73rd, Harris, Farrar, Thomason of the 77th, and others:
A Resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.

HB 1444. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Code Section 56-817b, relating to the situs of risks and the necessity of signatures on certain policies, so as to provide that no countersignature of a resident agent need appear on any contract of insurance issued under an assigned risk plan; and for other purposes.

HB 1445. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Code Chapter 56-5, relating to the procedures for the establishment of rates for casualty, surety, vehicle, property, marine and transportation insurance, so as to define the term "private passenger automobiles" and "residential properties"; and other purposes.

THURSDAY, FEBRUARY 5, 1970

1041

HB 1446. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A Bill to be entitled an Act to amend the Act creating the State Build ing Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.

HB 1447. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A Bill to be entitled an Act to create the State Board of Examiners of Heating, Air-Conditioning and Electrical Contractors; to provide for the membership of said Board and for their appointment and terms of office; and for other purposes.

HB 1448. By Messrs. Farmer of the 16th, Ballard of the 23rd, Sorrells of the 24th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating a Board of Polygraph Examiners and providing for the licensing regulation of polygraph examiners so as to provide that an attorney may administer polygraph examinations without a license if the polygraph is used as an adjunct to his law practice; and for other purposes.

HR 696-1448. By Mr. Smith of the 43rd:
A Resolution to compensate B. F. Ogburn and Rev. Inman Gerald; and for other purposes.

HB 1449. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system, so as to change the compensation of the sheriff; and for other purposes.

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to provide that the City general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.

HR 697-1450. By Mr. Graves of the 9th: A Resolution compensating Mr. Bill Pullen; and for other purposes.

1042

JOURNAL OF THE HOUSE,

HB 1451. By Messrs. Levitas and Harris of the 77th:
A Bill to be entitled an Act to provide to the State of Georgia a limited right to appeal certain orders, decisions and judgments in criminal cases; to provide which orders shall be appealable by the State of Georgia; and for other purposes.

HB 1452. By Mr. Gunter of the 5th:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for certain counties comprising said circuit; and for other purposes.

HR 698-1453. By Mr. Barber of the 15th:
A Resolution compensating Gayle Hanson Jackson; and for other pur poses.

HR 699-1453. By Mr. Pafford of the 64th:
A Resolution compensating Mr. Earl Bruce Shepard; and for other purposes.

HR 700-1453. By Mr. Toles of the 9th:
A Resolution compensating Mr. Walter A. Collins; and for other purposes.

HR 701-1453. By Mr. Toles of the 9th:
A Resolution compensating Mrs. Hazel Thomas Whitaker; and for other purposes.

HR 702-1453. By Mr. Toles of the 9th: A Resolution compensating Mr. Henry Akins; and for other purposes.

HR 705-1460. By Mr. Graves of the 9th:
A Resolution compensating Mrs. Martha C. Owens; and for other purposes.

HR 706-1469. By Mr. Barber of the 15th:
A Resolution compensating Mr. Claude Chambers, Sr.; and for other purposes.

THURSDAY, FEBRUARY 5, 1970

1043

SB 367. By Senator Kidd of the 25th:
A Bill to be entitled an Act to increase the membership of the Board of Education of Baldwin County by two members; and for other purposes.

SB 395. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Bade County, so as to change the provisions relative to the compensation, expenses and allowances of the Commissioner; and for other purposes.
SB 401. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; and for other purposes.

SB 402. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relat ing to the compensation of said Commissioner; and for other purposes.

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act relating to the destruction of records of the various state departments, so as to provide that the State Department of Public Health may, in its discretion, destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; and for other purposes.

SB 408. By Senators Gillis of the 20th, Holloway of the 12th, Abney of the 53rd, and others:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to provide that the State Department of Family and Children Services shall be under the control and super vision of the State Board of Family and Children Services; and for other purposes.

SB 411. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

1044

JOURNAL OF THE HOUSE,

SR 203. By Senators Fatten of the 40th, Webb of the llth, Tysinger of the 41st, and others:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund; and for other purposes.

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th, and others: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work; and for other purposes.
SR 242. By Senator Broun of the 46th: A Resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes.
Mr. Floyd of the 7th, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 586-1189. Do Pass, as Amended. HR 604-1236. Do Pass, as Amended. HR 615-1246. Do Pass. HR 619-1246. Do Pass. HR 632-1264. Do Pass. HR 642-1290. Do Pass. HR 644-1310. Do Pass.
Respectfully submitted, Floyd of the 7th, Chairman.

THURSDAY, FEBRUARY 5, 1970

1045

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, submitted the following report:

Mr. Speaker:

Your Committee on Auditing, Enrolling, Engrossing and Journal has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 694-1436. Do Pass.
Respectfully submitted,
Black of the 45th,
Chairman.

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 to report same back to the House with the following recommendations:

HR 39- 68. Do Pass, by Substitute.

HR 663-1368. Do Pass.

HB 1384. Do Pass.

SR

229. Do Pass.

SB

380. Do Pass.

SB

381. Do Pass.

SB

383. Do Pass.

SB

384. Do Pass.

Respectfully submitted, Pickard. of the 84th,

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 follow-

1046

JOURNAL OF THE HOUSE,

ing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 1027. Do Pass, as Amended.

SB

217. Do Pass, by Substitute.

SB

218. Do Pass, by Substitute.

Respectfully submitted, Williams of the llth, Chairman.

Mr. Lambert of the 25th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolution of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

SR

218. Do Pass.

Respectfully submitted, Lambert of the 25th, Vice-Chairman.

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 has instructed me to report same back to the House with the following recommendations:
HB 1357. Do Pass, by Substitute. HB 1356. Do Pass, by Substitute. HB 1378. Do Pass, by Substitute. HB 1403. Do Pass.

THURSDAY, FEBRUARY 5, 1970

1047

HB 1140. Do Pass, by Substitute.

Respectfully submitted, McClatchey of the 113th, 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 of the House and has instructed me to report same back to the House with the following recommendations:
HB 1151. Do Pass.
HB 1150. D. Pass.
HB 1152. Do Pass.
Respectfully submitted, Harrington of the 34th, Chairman.

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 26. By Senator Jackson of the 16th: A Bill to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. L. 1957, p. 205), as amended, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to provide effective dates; to repeal conflicting laws; and for other purposes.

1048

JOURNAL OF THE HOUSE,

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

SB 265. By Senator Kidd of the 25th:
A Bill to authorize the head of any department or agency of state gov ernment to declare any property within his department or agency to be surplus; to repeal conflicting laws; and for other purposes.

SB 294. By Senator Vann of the 10th:
A Bill to provide that the produce of any tree or plant remains the property of the owner or lessee of the land upon which the tree or plant is located etc.; to provide that the produce of a tree located upon the right of way of any public road shall belong to the owner of the property located in closest proximity to the tree etc.; to provide that it shall constitute a violation of Code Section 26-1802 etc; to repeal conflicting laws; and for other purposes.

SB 360. By Senator Vann of the 10th:
A Bill to amend Code Section 59-201 relating to the qualifications of grand jurors and the inability of certain public officers to serve as such, as amended, so as to provide that justices of the peace and notaries public ex-officio justices of the peace shall not be eligible to serve as grand jurors; to repeal conflicting laws; and for other purposes.

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and others:
A Bill to amend an Act relating to the duties of the Supervisor of Purchases, approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.

SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and others:
A Bill to amend an Act relating to the duties of the Supervisor of Purchases approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, so as to provide that, if possible the Supervisor of Purchases shall arrange to purchase certain supplies on an annual contract basis, to repeal conflicting laws; and for other purposes.

SB 370. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and others:
A Bill to amend an Act relating to the duties of the Supervisor of

THURSDAY, FEBRUARY 5, 1970

1049

Purchases approved March 29, 1937 as amended, as to provide that the Supervisor shall adopt and promulgate rules and regulations governing the distribution of purchases requests throughout the fiscal year; to
repeal conflicting laws; and for other purposes.

SB 392. By Senators McGill of the 24th, and Miller of the 43rd:
A Bill to amend an Act providing for the regulation of the sale of livestock at auction approved March 7, 1956, as amended particularly by an Act approved March 17, 1959 so as to change the bond require ments of livestock dealers; to provide an effective date; to repeal con flicting laws; and for other purposes.

HB 1067. By Mr. Jordan of the 55th:
A Bill to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial such credit to be applied toward the defendant's sentence and to be considered by parole authorities; and for other purposes.

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th and others:
A Bill to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.

HB 1161. By Mr. Jones of the 59th:
A Bill to amend an Act placing the district attorneys of the Superior Courts of this State on an annual salary, so as to provide that any district attorney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 543-1101. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st and others:
A Resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County and for other purposes.

1050

JOURNAL OP THE HOUSE,

HR 584-1182. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to Article VII, Section VII, paragraph 1 of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.

HR 603-1236. By Messrs. Mason and Nash of the 13th:
A Resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County to enact ordinances for the policing and governing of said county and enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.

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

SB 265. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize the head of any department or agency of State government to declare any property within his department or agency to be surplus; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 294. By Senator Vann of the 10th:
A Bill to be entitled an Act to provide that the produce of any tree or plant remains the property of the owner or lessee of the land upon which the tree or plant is located; to provide that the produce of a tree located upon the right-of-way of any public road shall belong to the owner of the property located in closest proximity to the tree; and for other purposes.
Referred to the Committee on Agriculture.

SB 360. By Senator Vann of the 10th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors and the inability of certain public officers to serve as such, so as to provide that justices of the peace and notaries public ex officio justices of the peace shall not be eligible to serve as grand jurors; and for other purposes.
Referred to the Committee on Judiciary.

SB 370. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act relating to the duties of

THURSDAY, FEBRUARY 5, 1970

1051

the Supervisor of Purchases, so as to provide that the Supervisor shall adopt and promulgate rules and regulations governing the distribution of purchase requests throughout the fiscal year; and for other purposes.
Referred to the Committee on State of Republic.

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Supervisor of Purchases, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; and for other purposes.
Referred to the Committee on State of Republic.

SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that, if possible, the Supervisor of Purchases shall arrange to purchase certain supplies on an annual contract basis; and for other purposes.
Referred to the Committee on State of Republic.

SB 392. By Senators McGill of the 24th and Miller of the 43rd:
A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of livestock at auction, so as to change the bond require ments of livestock dealers; and for other purposes.
Referred to the Committee on Agriculture.

By unanimous consent, the following Resolution of the House was read and adopted:
HR 713. By Messrs. Dean and Murphy of the 19th:
A RESOLUTION
Commending the 1969-70 officers of the Polk County 4-H Council; and for other purposes.
WHEREAS, the Polk County 4-H Clubs have elected the following officers to the Polk County 4-H Council for the 1969-70 school year, namely: Dennis Schmeck, President; Charlotte Lovell, Girls Vice-Presi dent; Charles Goss, Boys Vice President; Milan McMillan, SecretaryTreasurer; Janet Lanier, Reporter; and Susan Ingram, Parlimentarian; and

1052

JOURNAL OF THE HOUSE,

WHEREAS, all of these student leaders participate in the athletic, civic and religious activities of their school and community; and

WHEREAS, it is only befitting that these young leaders be recognized for their accomplishments and achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the 1969-70 officers of the Polk County 4-H Council for their exemplary 4-H Club work.

BE IT FURTHER RESOLVED the clerk of the House of Repre sentatives is hereby authorized and directed to forward an appropriate copy of this resolution to each person named in this resolution.

By unanimous consent, 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, February 5, 1970, and submits the following:

HB

179. Attorney General, Compensation.

HB

191. Public Service Commission, salary.

HB

214. State Auditor, salary and expenses.

HB

282. Motor Vehicles, exhaust system.

HB

327. Hearing aid dealers, State Board.

HB

348. Driver's licenses, revocation, suspension.

HB

695. Fire Departments, employees, settlement of disputes.

HB

867. Courts, organization, jurisdiction.

HB

921. Statehouse officers, departments.

HB 1071. Wrecker trucks, sweep or clean streets.

HB 1078. Taxes, State and Counties, Rate of Interest.

HB 1114. Poultry processing plants, licensing.

HR 555-1121. Local control of Public Education.

HB 1135. Banks, define branch, facility.

HB 1145. Urban Development accept factory built housing.

HB 1200. Jekyll Island State Park Authority.

THURSDAY, FEBRUARY 5, 1970

1053

HB 1206. Judges Emeritus, Serve Other Court.

HB 1238. Tobacco, licensee carry fire insurance.

HB 1240. Motor Carriers, poultry transportation.

HB 1287. Eyeglasses, lens, certain material.

HB 1292. Privilege, Exercise of, Saturday, Sunday.

HB 1293. County Offices, closing days.

HB 1304. Elections, primaries, conduct.

HB 1340. Local School system, pupil-teacher ratio.

HR 658-1345. Local Boards of Education, tax.

HB 1346. Sales Tax, exempt Fish Food.

HB 1361. Elections, Voter Registrations.

HB 1363. G.B.I. State Legislative Intent.

HB 1390. Fulton County, Record Keeping.

SB

86. Eminent domain, draw 75% of awards.

SB

312. Workmen's Compensation, Merit System.

SB

319. Common trust funds, securities valuation.

SB

334. Insurance Policies, Mental Illness, Hospital.

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, Chairman.

Mr. Jones of the 84th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver's licenses, so as to provide for the examina tion of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after Jan. 1, 1970; and for other purposes.

The motion prevailed, and HB 349 was reconsidered.

1054

JOURNAL OF THE HOUSE,

Mr. Carnes of the 104th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1033. By Mr. Carnes of the 104th: A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.
The motion prevailed, and HB 1033 was reconsidered.
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 586-1189. By Mr. Davis of the 75th: A Resolution compensating Mr. Hubert R. Wood; and for other pur poses.
The following Committee amendment was read and adopted:
The Commitee on Appropriations moves to amend HR 586-1189 by changing the figure $83.76 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $75.73.
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 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 604-1236. By Mr. Johnson of the 29th:
A Resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.

The following Committee amendment was read and adopted:

THURSDAY, FEBRUARY 5, 1970

1055

The Committee on Appropriations moves to amend HR 604-1236 by changing the figure $502.62 to Frank K. Story, Jr. and $660.00 to Mrs. Fan Young Story as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $430.88 to compensate Frank K. Story and $40.00 to compensate Mrs. Fan Young Story.

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 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 619-1246. By Mr. Bohannon of the 20th: A Resolution compensating James Hoyt Hosey; 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 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 615-1246. By Mr. Westlake of the 75th:
A Resolution compensating Mr. E. H. Hartman, Sr.; 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 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

1056

JOURNAL OF THE HOUSE,

HR 632-1264. By Mr. Ballard of the 23rd: A Resolution compensating Mr. John H. Moore; 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 127, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 642-1290. By Messrs. Keyton and Russell of the 70th: A Resolution compensating Mr. D. R. Corley; 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 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 644-1310. By Mr. Moate of the 28th: A Resolution compensating Mrs. Sam Gray; 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 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the general order of business, established by the Committee on Rules,

THURSDAY, FEBRUARY 5, 1970

1057

the following Bills of the House were taken up for consideration and read the third time:

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others:
A Bill to be entitled an Act to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend House Bill No. 1078 as follows:
By striking the words "word "ten"," in Section 1 and inserting the words "at the highest legal rate provided by law,"
also by striking in Section 1, the words "rate of ten per cent," and in serting the words "highest legal rate provided by law".

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 Berry Black Bostick Bowen Bray Brown, C. Buck Burruss Busbee

Caldwell Gates Chandler Clarke Cole Collins, S. Colwell Connell Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dent Dickinson Dixon Dodson

Dorminy Douglas Edwards Egan Ellis Fallin Farrar Felton Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Harrington Harris, J. F. Harris, J. R. Harris, R. W.

1058
Hawes Hill, B. L. Holder Hood Horton Housley Howell Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. S. Longino Lowrey

JOURNAL OF THE HOUSE,

Marcus Matthews, C. Mauldin Miles Milford Miller Morris Mullinax Murphy Nunn Odom Pafford Paris Patterson Peters Phillips, W. R. Pickard Pinkston Poole Potts Ross Rush

Russell Scarborough Shanahan Shepherd Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Townsend Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wiliams Wood

Those voting in the negative were Messrs.:

Bennett Blalock

Hargrett Harrison

Leonard

Those not voting were Messrs.:

Bohannon
Bond Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Games Collier Collins, M. Conger Conner Cook Dean, J. E. Dean, N. DeLong Evans Ezzard Farmer Floyd, J. H.
Gary Grahl Griffin Gunter Hadaway

Hale Hamilton Henderson Higginbotham
Hill, G. Hudson Joiner Jordan, H. S. Keen Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Mason Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Merritt Moate Moore Nash

Nessmith Northcutt Parker, C. A. Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Rowland Salem Scarlett Sherman Simkins Smith, J. R. Thompson, A. W. Vaughn Wamble Winkles Wilson Mr. Speaker

THURSDAY, FEBRUARY 5, 1970

1059

On the passage of the Bill, as amended, the ayes were 120, nays 5.

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

HB 1293. By Mr. Rush of the 51st:
A Bill to be entitled an Act to authorize the board of commissioners or other governing authority of each county in this State to provide for the closing of all county offices, one day each week, in addition to closing on Sundays and legal holidays, and also for closing such offices on days designated by the board of commissioners or other governing authority as a special day of mourning, celebration or rest; 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, as amended, 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 Bennett Berry Black Blalock Bohannon Bostick Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Collier Collins, M.

Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Felton Floyd, J. H. Floyd, L. R. Funk Geisinger Gignilliat Griffin

Hargrett Harris, J. P. Harris, R. W. Harrison 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. Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J.

1060
Lee, W. S. Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Merritt Miles Milford Moate Morris Mullinax Murphy Nessmith Nunn

JOURNAL OF THE HOUSE,

Pafford Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd

Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells
Sweat Thompson, R.
Town send Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams
Wood

Those voting in the negative were Messrs.:

Dean, N. Fallin Farrar

Graves Harrington Harris, J. R.

Thomason

Those not voting were Messrs.:

Atherton Barfield Bond Bowen Brantley, H. H. Chandler Clarke Cole Cook Dean, J. E. DeLong Ellis Evans Ezzard Farmer Gary Gaynor Grahl

Gunter Hadaway Hale Hamilton Hawes Henderson Higginbotham Keen Lambert Lee, W. J. (Bill) Leonard
Levitas Mason Maxwell McCracken Melton Miller
Moore

Nash Northcutt Odom Paris Parker, C. A. Peterson Phillips, G. S. Rainey Rowland Salem Smith, V. T. Thompson, A. W.
Toles Vaughn Wamble Wilson Mr. Speaker

On the passage of the Bill, the ayes were 135, nays 7.

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

THURSDAY, FEBRUARY 5, 1970

1061

Mr. Toles of the 9th wished to be recorded as voting "aye" on the passage of HB 1293.

HB 1292. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that when ever the last day prescribed for the exercise of any privilege or the dis charge of any duty shall fall on a Saturday, a Sunday, or legal holiday, the period for the exercise of such privileges shall be held the next succeeding day which is not a Saturday or legal holiday; 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 Battle Bell 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 Cole Collier Collins, M. Collins, S. Colwell

Conger Connell Conner
Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong
Dent Dixon Dodson Dorminy
Douglas Edwards Egan Ezzard Fallin Farrar Felton
Floyd, J. H. Floyd, L. R. Funk Gaynor
Geisinger Gignilliat
Graves Hamilton

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Hood Horton
Housley Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Lewis Longino Lowrey Marcus

1062
Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Miller Moate Morris Mullinax Murphy Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.

JOURNAL OF THE HOUSE,

Patterson
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pinkston
Poole Potts Roach Ross Rush Salem
Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims

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

Those not voting were Messrs. :

Anderson
Barfield Bennett Berry Chandler Clarke
Cook Dean, J. E. Dickinson Ellis Evans Farmer Gary Grahl Griffin Gunter

Hadaway Hale Hargrett
Henderson Higginbotham Holder Howell Joiner Keen Keyton Lambert
Lee, W. J. (Bill) Levitas Mason Matthews, C.

McCracken Merritt Moore Nash Northcutt Peterson Pickard
Rainey Reaves Rowland Russell Thompson, A. W.
Vaughn Wamble
Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 0.

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

HB 1200. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Jekyll Island-State Park Authority Act", so as to provide an additional defini tion for the word "project"; and for other purposes.

THURSDAY, FEBRUARY 5, 1970

1063

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend HB 1200 by striking the period at the end of Section 1 and substituting the following:

"; provided that nothing in this Act shall be construed to grant the authority any power to acquire property that it did not have on January 1, 1970."

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 Atherton Ballard
Barber Battle Berry Black Bond
Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Burruss Busbee Caldwell Chandler Collier Collins, M. Collins, S. Colwell Connell Conner
Cooper Crowe Dailey
Daugherty Davis, E. T. Davis, W. Dent Dodson Dorminy Douglas

Egan Ellis Ezzard Tallin Felton
Floyd, L. R. Funk Gaynor
Geisinger Gignilliat
Grahl Graves Harrington Harris, J. R. Higginboth am Hill, B. L. Hill, G. Holder Housley Hudson Hutchinson Johnson Joiner
Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lane, Dick
Lane, W. J. Levitas

Lewis
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Miles Milford Miller Moate Moore Mullinax Murphy
Nessmith Pafford Paris Parker, C. A. Parker, H. W. Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Reaves Russell Scarborough Shanahan Sherman
Simmons

1064
Sims Smith, J. R. Snow Sorrells Sweat

JOURNAL OP THE HOUSE,

Thomason Thompson, A. W. Thompson, R. Toles Ware

Westlake Wheeler, Bobby Wilkerson Williams Wood

Those voting in the negative were Messrs.:

Anderson
Barfield Bell Bennett Bohannon Bostick Bowen Carnes Gates Cole
Conger Dean, N. DeLong

Dixon Griffin
Harris, R. W. Harrison Hood Horton Jones, M. Jordan, G. Kreeger
Lee, W. S. Longino McDaniell

Morris Odom Patterson Peters Roach Ross Rush Scarlett Simkins Smith, V. T. Whaley Winkles

Those not voting were Messrs.:

Blalock
Bray Buck Clarke Cook Dean, J. E. Dickinson Edwards Evans Farmer
Farrar Floyd, J. H. Gary Gunter

Hadaway Hale Hamilton Hargrett Harris, J. F. Hawes Henderson Howell
Lee, W. J. (Bill) Leonard Maxwell McCracken Merritt Nash

Northcutt Nunn Peterson
Potts Rowland Salem Shepherd
Townsend Vaughn Wamble Wheeler Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 117, nays 37.

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

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd, Maxwell of the 78th, Jones of the 59th, Melton of the 32nd, Moate of the 28th and others:
A Bill to be entitled an Act to amend Chapter 13-2 of Title 13 of the

THURSDAY, FEBRUARY 5, 1970

1065

Code of Georgia known as the "Banking Law of Georgia", relating to the definition of terms and the regulation of banks, so as to redefine the terms "Branch Bank", "Bank Office", "Bank Facility", "Village", and to define the term "county"; and for other purposes.

The following Committee amendment was read:

The Committee on Banks and Banking moves to amend HB 1135 as follows:
By striking the letter "s" from the end of the last word in line 31, page 3, of said bill, so that when amended said word shall be "corpora tion".
By striking lines 23 and 24, page 7, in their entirety and sub stituting in lieu thereof the following:
"and pay the examination fees provided for in Section 13-904 of the Code of Georgia Annotated."
By the addition of the sentence: "every bank in this State is hereby prohibited from conducting a banking business of the premises of the bank, including, but not limited to such means as receptacles or other devices for the receipt of deposits, armored car messenger service and loan production offices", between the sentence ending with the word "Law" and the sentence beginning with the word "It" on line 30, page 10, so that section 13-204.1 shall read as follows:
"13-204.1. Banking Business Prohibited Except at a Banking House.--No bank shall carry on or conduct or do a banking busi ness in this State except on the premises of the place of business (banking house) established and operated under and pursuant to a permit from the Superintendent of Banks. A banking business is the business which a bank is authorized to do pursuant to Chapter 13-18 of this Title and the Banking Law. Every bank in this State is hereby prohibited from conducting a banking business off the premises of the bank, including, but not limited to such means as receptacles or other devices for the receipt of deposits, armored car messenger service and loan production of fices. It is intended that this section be construed as a part of the laws of this State dealing with branch banking."
By striking sub-paragraph (1) on page 4 and inserting a new (i) to read as follows:
(i) The term "county" as used in this Title means a political subdivision of this State organized pursuant to an Act of the General Assembly of Georgia which describes the territorial boundaries and limits thereof and is named as a county in Section 23-101 of the Code of Georgia, as amended; provided, however, that for the purposes of this Title, the Counties of Fulton, Campbell and Milton shall have the

1066

JOURNAL OF THE HOUSE,

territorial boundaries and limits as they existed prior to the merger of Campbell County with Fulton County under an Act approved August 9, 1929 (Ga. Laws 1929, page 551, et seq.) and prior to the merger of Milton County with Fulton County under an Act approved July 30, 1931 (Ga. Laws 1931, page 527, et seq.), to the end that the term "county" as used in this Title shall apply to 161 political sub divisions of this State.

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

Those voting in the affirmative were Messrs.

Barber Battle Blalock Bond Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Cates Clarke Cole Collier Collins, M. Conger Connell Conner Dean, N. DeLong Dent Dickinson Dodson Douglas Ellis Farrar Floyd, J. H.

Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Harris, J. R. Harris, R. W. Harrison Henderson Hill, B. L. Hill, G. Holder Hood Howell Hudson Hutchinson Jones, C. M. Jones, M. Knowles Lane, Dick Lee, W. J. (Bill) Leonard Longino Marcus Matthews, C.

Maxwell McDaniell Melton Merritt Miles Milford Moate Murphy Nessmith Northcutt Paris Phillips, W. R. Pickard Potts Reaves Scarlett Shanahan Shepherd Sherman Simkins Smith, V. T. Snow Vaughn Ware Wilkerson Williams Wood

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard Bell Bennett Black Bohannon Bostick

Bo wen Bray Brooks Carnes Chandler Colwell Cooper Crowe Dailey

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dixon Dorminy Edwards Egan Evans

Ezzard Fallin
Farmer Felton
Floyd, L. R. Grahl Hadaway Hargrett Harrington
Harris, J. F. Hawes Higginbotham
Horton Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Kreeger

THURSDAY, FEBRUARY 5, 1970

1067

Lambert Lane, W. J. Lee, W. S. Levitas Lewis Lowrey Mason Matthews, D. R. Mauldin McClatchey Miller
Moore Morris Nash Nunn
Odom Pafford Parker, C. A. Patterson Phillips, G. S. Pinkston

Poole Rainey Roach Ross Rush
Salem Scarborough Simmons
Sims Smith, J. R. Sorrells
Sweat Thomason Thompson, R.
Toles Townsend Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Winkles

Those not voting were Messrs.:

Alexander Barfield Berry Brantley, H. H. Burruss Collins, S. Cook Funk

Hale Hamilton
Housley Knapp McCracken Mullinax Parker
Peters

Peterson Phillips, L. L. Rowland Russell
Thompson, A. W. Wamble Wilson Mr. Speaker

On the adoption of the Committee amendment, the ayes were 81, nays 90.

The amendment was lost.

The following amendment was read:

Messrs. Levitas and Harris of the 77th move to amend HB 1135 by inserting in line 5 on page 6 immediately after the words "in a county" the following:
"having a population of 250,000 or more according to the 1960 United States Decennial Census and any future such census.".

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

1068

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Barber Battle Bell Blalock
Bond Brown, C. Buck
Busbee Caldwell Carnes
Gates Clarke Cole
Collins, S. Conger Connell
Cooper Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dickinson Dixon Dodson Douglas Egan Ellis
Evans Pallin Farrar

Floyd, L. R. Gaynor
Geisinger Gignilliat
Griffin Harrington Harris, J. R.
Harris, R. W. Hawes Higginbotham
Hill, B. L. Hill, G. Holder Hood Horton Hudson Hutchinson Jones, C. M. Jones, Herb
Jones, M. Keyton Knapp Knowles
Kreeger Leonard Levitas Lowrey Marcus Mason Matthews, C. Maxwell McDaniell

Melton Merritt Miles Miller
Moate Moore Morris Mullinax Murphy
Nash
Nessmith Odom
Paris Phillips, G. S. Phillips, W. R. Pickard
Pinkston Potts Ross Shepherd
Sherman Simkins Smith, V. T. Snow Sweat Thomason Thompson, A. W. Townsend Westlake Wilkerson Williams
Wood

Those voting in the negative were Messrs.

Adams Anderson Atherton Ballard
Barfield Bennett
Black Bohannon
Bostick Bowen Brantley, H. L. Bray Brooks Burruss Chandler Collier
Collins, M. Colwell
Conner

Crowe Dailey Dean, N. Dorminy Edward Ezzard Farmer Felton Floyd, J. H. Gary Grahl Graves Hadaway Hargrett
Harris, J. F. Henderson
Housley Howell Johnson

Joiner Jordan, G. Jordan, H. S. Keen Lambert
Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Lewis
Longino Matthews, D. R. Mauldin McClatchey Milford Northcutt Nunn Pafford Parker, C. A.

Patterson Poole Rainey Reaves Roach Rush Salem

THURSDAY, FEBRUARY 5, 1970

1069

Scarborough Scarlett Shan ah an Simmons Sims Sorrells Toles

Vaughn Ware Whaley
Wheeler, Bobby Wheeler, J. A. Winkles Wilson

Those not voting were Messrs.:

Alexander Berry Brantley, H. H. Brown, B. D. Cook Funk Gunter

Hale Hamilton Harrison McCracken Parker, H. W. Peters Peterson

Phillips, L. L. Rowland Russell Smith, J. R. Thompson, R. Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 96, nays 78.

The amendment was adopted.

The following amendment was read:
Mr. Lee of 21st moves to amend House Bill No. 1135 as follows:
By striking from the title the following:
"to prohibit, after the effective date of this Act, the establish ment of new and additional branch banks, as defined;".
By striking Section 3 in its entirety.
By renumbering Sections 4, 5, 6, 7 and 8 as Sections 3, 4, 5, 6 and 7, respectively.

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 Blalock

Bohannon Bostick Bowen Brantley, H. L. Brooks

Burruss Busbee Clarke Collier Conger

1070
Conner Cooper Crowe Davis, E. T. Dean, N. Dickmson Dixon Dodson Dorminy Edwards Evans Fallin Farmer Gary Grahl Graves Griffin Hadaway Harris, J. F. Harrison

JOURNAL OF THE HOUSE,

Henderson Hill, G. Holder Housley Howell
Hudson Hutchinson Johnson
Jones, C. M. Jordan, G. Keen
Knapp Knowles Kreeger Lee, W. J. (Bill)
Lee, W. S. Longino Matthews, D. R. Merritt Mullinax

Northcutt Nunn Pafford
Parker, C. A. Patterson
Phillips, W. R. Potts Rainey
Roach Rush Scarlett
Smith, J. R. Sorrells
Sweat Toles Ware Wilson Wood

Those voting in the negative were Messrs.

Adams Atherton
Barfield Battle Bell
Bennett Black Bray Brown, B. D. Brown, C. Buck Carnes Gates Chandler Cole Collins, M. Collins, S. Colwell Connell
Dailey Daugherty Davis, W. Dean, J. E. DeLong Dent Douglas Egan Ellis Ezzard Farrar Felton
Floyd, J. H. Floyd, L. R.

Gaynor
Geisinger Gignilliat Hargrett Harrington
Harris, J. R. Harris, R. W. Hawes
Higginbotham Hill, B. L. Horton
Joiner Jones, Herb Jones, M. Jordan, H. S. Keyton Lambert Lane, Dick Lane, W. J. Leonard Levitas
Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey
McDaniell Melton Miles

Milford
Miller Moate Moore Morris Murphy Nash Odom Paris Phillips, G. S. Pinkston Poole Ross Salem Scarborough Shanahan Sherman
Simkins Simmons Sims
Smith, V. T. Snow Thomason
Thompson, A. W. Townsend Vaughn
Westlake Whaley >fheeler, Bobby Wheeler, J. A.
Wilkerson Williams

THURSDAY, FEBRUARY 5, 1970

1071

Those not voting were Messrs.:

Berry Bond Brantley, H. H. Caldwell Cook Funk Gunter Hale Hamilton

Hood McCracken Nessmith Parker, H. W. Peters Peterson Phillips, L. L. Pickard

Reaves Rowland Russell Shepherd Thompson, R. Wamble Winkles Mr. Speaker

On the adoption of the amendment, the ayes were 73, nays 97.

The amendment was lost.

The following amendment was read:

Messrs. Howell of the 60th and Pafford of the 64th move to amend House Bill No. 1135 as follows:
By striking from the Title the following:
"to provide for the establishment and operation of bank offices and bank facilities;"
and inserting in lieu thereof the following:
"to provide for the establishment and operation of bank offices and bank facilities by parent banks or branch banks when specifically authorized within a particular county by the General Assembly;".
By Striking subsection (a) of quoted Code Section 13-203.1 of Section 4 in its entirety and inserting in lieu thereof a new subsection (a) of quoted Code Section 13-203.1 of Section 4, to read as follows:
"(a) When the General Assembly shall specifically authorize all parent banks and branch banks within a particular county to establish and operate a bank office or offices, any parent bank or any branch bank within any such county, subject to the con ditions provided in this Title, may, upon obtaining approval and a permit from the Superintendent of Banks, establish and operate a bank office or offices within the same county in which said parent bank or branch bank is situated."
By striking subsection (b) of quoted Code Section 13-203.1 of

1072

JOURNAL OF THE HOUSE,

Section 4 in its entirety and inserting in lieu thereof a new subsection (b) of quoted Code Section 13-203.1 of Section 4, to read as follows:

"(b) When the General Assembly shall specifically authorize all parent banks and branch banks within a particular county to establish and operate a bank facility or facilities, any parent bank or any branch bank within any such county, subject to the con ditions provided in this Title, may, upon obtaining approval and a permit from the Superintendent of Banks, establish and operate a bank facility or facilities within the same county in which said parent bank or branch bank is situated."

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 Barfield Bennett Blalock Bohannon Bostick Bo wen Brantley, H. L. Bray Brooks Buck Collier Collins, M. Conger Cooper Crowe Dickinson Dixon Dorminy Edwards

Farmer Geisinger Graves Griffin Hadaway Hargrett Harris, J. F. Harrison Henderson Holder Housley Howell Hudson Johnson Jordan, G. Knowles Kreeger Lambert Lee, W. S. Longino Matthews, C. Matthews, D. B.

Mauldin Merritt Milford Mullinax Nessmith Northcutt Pafford Parker, C. A. Patterson Pickard Eainey Eeaves Eush Eussell Scarborough Scarlett Sorrells Sweat Ware Williams Wilson

Those voting in the negative were Messrs.:

Adams Atherton Barber Battle Bell Black Bond Brown, B. D. Brown, C. Burruss

Busbee Caldwell Games Gates Chandler Clarke Cole Collins, S. Colwell Connell

Conner Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dodson

Douglas Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Gignilliat Grahl Hamilton Harrington Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L.
Hill, G. Hood Horton Hutchinson Joiner Jones, C. M. Jones, Herb

THURSDAY, FEBRUARY 5, 1970

1073

Jones, M. Jordan, H. S. Keen Keyton Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Lowrey Marcus Mason Maxwell McClatchey McDaniell Melton Miles Miller Moate Moore Morris Murphy Nash Nunn
Odom Paris

Phillips, G. S. Phillips, W. R. Pinks ton Poole Roach Ross Shanahan Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T.
Snow Thomason Thompson, A. W. Toles Townsend Vaughn Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles
Wood

Those not voting were Messrs.:

Berry Brantley, H. H. Cook Funk Gunter Hale

McCracken Parker, H. W. Peters Peterson Phillips, L. L. Potts

Rowland Salem Shepherd Thompson Wamble Mr. Speaker.

On the adoption of the amendment, the ayes were 65, nays 112.

The amendment was lost.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend HB 1135 by striking the figures "12-201.1" on line 20, page 2, thereof, and substituting in lieu thereof the figures "13-201.1".

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

1074

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 Atherton
Barber Battle Bell Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Chandler
Clarke Cole Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Douglas Egan Ellis Ezzard Farrar Felton

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Gunter Harrington Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G.
Hood Horton Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knapp Knowles Kreeger Lee, W. J. (Bill) Leonard Levitas Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey

McDaniell Melton Miles Miller Moate Moore Morris, L. Murphy Nash Odom Paris Phillips, G. S. Pickard Pinkston Potts Rush Russell Salem Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Thomason Thompson, A. W. Thompson, R. Toles Town send Vaughn Westlake Whaley Wilkerson Williams Wood

Those voting in the negative were Messrs.:

Alexander Anderson Ballard Barfield Bennett Black Blalock Bohannon Bo wen

Bray Brooks Burruss Collier Collins, M. Conger Conner Cooper Crowe

Dailey Dixon Dorminy Edwards Evans Tallin Farmer Folyd, J. H. Grahl

Graves Griffin Hadaway Harris, J. P. Holder Howell Hudson Johnson Joiner
Jordan, G. Keen Lambert Lane, Dick

THURSDAY, FEBRUARY 5, 1970

1075

Lane, W. J. Lee, W. S. Lewis Longino Matthews, D. R. Merritt Milford Mullinax Northcutt
Nunn Pafford Parker, C. A. Patterson

Phillips, W. R. Poole Rainey Reaves Roach Scarborough Scarlett Smith, J. R. Sorrells
Sweat Ware Wheeler, Bobby Wheeler, J. A.

Those not voting were Messrs.:

Berry Brantley, H. H. Cook Hale Hamilton Hargrett Henderson

Housley McCracken Nessniith Parker, H. W. Peters Peterson Phillips, L. L.

Ross Rowland Snow Wamble Winkles Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 108, nays 66.

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

Mr. Longino of the 98th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1135, as amended.

Mr. Ross of the 26th stated that he had been called from the floor of the House when the roll was called on the passage of HB 1135, as amended, but had he been present would have voted "nay".

HB 1238. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; and for other purposes.

The following Committee substitute was read and adopted:

1076

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to amend an Act regulating the sale of fluecured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws I960, p. 214), as amended, by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1242), so as to require each licensee to carry a standard fire extended coverage insurance policy for the full value of the tobacco in his sales warehouse; to provide that such insurance coverage shall be approved in form by the State Insurance Commissioner and filed with the Di rector of the Warehouse Division of the State Department of Agricul ture; to provide that such policy shall cover both firsthand and resale tobacco; to provide that the licensee shall furnish proof to the Com missioner that such insurance is in full force and effect for the market ing season for which the license is sought; to provide that any such in surance policy shall be endorsed so as to require notification to the Warehouse Division of the State Department of Agriculture by the in surance company at least ten (10) days prior to cancellation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended, by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1242), is hereby amended by striking Section 3 in its entirety and inserting in lieu there of a new Section 3 to read as follows:

"Section 3. As a prerequisite to the issuance of a license under the provisions of this Act, each applicant shall furnish evidence to the Commissioner that he has in force a standard fire and extended
coverage insurance policy for the full market value of the tobacco in his sales warehouse for the marketing season for which the license is sought. The insurance policy shall be written by an insurance company, of the warehouseman's choice, authorized to transact business in this State and such insurance coverage shall be approved in form by the State Insurance Commissioner and a copy of the insurance policy shall be filed with the Director of the Warehouse Division of the State Department of Agriculture. The policy shall cover both firsthand and resale tobacco. The insurance policy shall contain an endorsement requiring notification to the Director of the Warehouse Division of the State Department of Agriculture by
the insurance company of their intention to cancel the policy at least ten (10) days prior to cancellation."

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.

THURSDAY, FEBRUARY 5, 1970

1077

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 Barber Battle Bell Black Blalock Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner 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, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Graves Griffin Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes 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 Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus

Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford
Moate Morris Mullinax Murphy Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Roach Ross Rush Russell Salem Scarlett Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A.

1078
Wilkerson Williams

JOURNAL OP THE HOUSE,

Wilson

Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Berry Bohannon
Brantley, H. H. Caldwell Clarke Cook Cooper Geisinger Grahl Gunter Hadaway

Hale Hargrett Henderson Housley Lambert
Mason Matthews, C. McCracken Miller Moore Nash Odom Pafford Peterson

Phillips, G. S. Pickard Pinkston Reaves Rowland
Scarborough Shanahan Smith, J. R. Thompson, A. W. Thompson, R. Whaley Winkles Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 154, 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 Bill of the House was again taken up for consideration:

HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of of the 46th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide for assessment, publication, payment, disposition and allocation of qualifying fees required of candidates in

THURSDAY, FEBRUARY 5, 1970

1079

primaries and elections; to provide that the Secretary of State certify candidates to ordinaries in primaries; to provide that the Secretary of State furnish all forms needed for primaries and elections except ballots and ballot labels; to provide that returns of primaries be made to the Secretary of State and preserved by him at least a year; to pro vide that the ordinary procure ballots and supplies, appoint poll officers, make rules and regulations, instruct poll officers, receive, compute, and canvass returns, announce results, and file returns of primaries; to provide that the ordinary may be relieved of responsi bility for conducting the primary or election if he is a candidate; to provide that political parties may submit lists of qualified election workers to the superintendent and that the superintendent shall insofar as practicable make appointments so as to provide equal representa tion for political parties in primaries and elections; to remove rule making power over primaries from committees of political parties; to remove supersedure power of state party executive committees over county executive committees in relation to conduct of primary, and to give such supersedure power to state committees relative to all other party matters; to provide the methods of qualifying for party primaries and for general elections; to provide that nominations of political parties for all public offices except substitute nomina tions or office of presidential elector shall be made in the primary preceding the general election in which candidates run; to provide that the ordinary shall conduct the primary in the same manner and according to the provisions of the Code relating to general elections; to provide for certification of political party candidates to the ordinary or Secretary of State and for disposition of fees paid by such candi dates; to provide that political body candidates qualifying by peti tion must also be nominated by political body convention; to provide that all other petition candidates be listed on ballot in the independent column; to provide that political parties may nominate presidential electors by convention; to provide the form for absentee ballots; to provide that the office of board of registrars remain open during the entire duration of the primary or election; to provide for the disposi tion of consolidated returns of primaries and elections; to provide for certificates of election, commissions of election, and proclamations of results of constitutional amendments; to provide all of the necessary procedures connected with the foregoing; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by striking in its entirety subsection (ac) of Section 34-103, relating to the definition of certain terms, and substituting in lieu thereof the following:

"(ac) The word 'superintendent' shall mean the ordinary of a county;".
Section 2. Said Title is further amended by striking subsections (d), (e) and (f) of Section 34-301, relating to the powers and duties of the Secretary of State, and substituting in lieu thereof the fol lowing :

1080

JOURNAL OF THE HOUSE,

"(d) To certify to the proper ordinaries official lists of all the political party candidates who have been certified to the Secre tary of State as qualified candidates for the succeeding primary, and to certify to the proper ordinaries official lists of all the candidates who have filed their notices of candidacy with him, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any pro
posed constitutional amendment or other question to be voted upon at such election;

(e) To furnish to the proper ordinaries all blank forms, in cluding tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, district returns, consolidated returns, oaths of man agers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instructions sheets for absentee ballots, and such other supplies as he shall deem necessary and advisable from time to time, for use in all elections and primaries. Such forms shall have printed thereon appropriate instructions for their use;

(f) To receive from the ordinaries the returns of primaries and elections, to canvass and compute the votes cast for candidates and upon questions as required by the provisions of this Code;".
Section 3. Said Title is further amended by inserting between the words "All" and "election", as they appear in Code Section 34-303, relating to the preservation of records, the following:

"primary and".
Section 4. Said Title is further amended by striking from Code Section 34-401, relating to powers and duties of ordinaries, subsections (e), (f), (g), (h), (i) and (j) and substituting in lieu thereof the following:
" (e) To purchase, except voting machines and voting recorders, preserve, store and maintain election equipment of all kinds, in cluding voting booths and ballot boxes, and to procure ballots and all other supplies for primaries and elections;
(f) To appoint poll officers and other officers to serve in primaries and elections in accordance with the provisions of this Code;
(g) To make and issue such rules, regulations and instruc tions, consistent with law (including the rules and regulations promulgated by the State Election Board), as he may deem neces sary for the guidance of poll officers, custodians and electors in primaries and elections;
(h) To instruct poll officers and others in their duties, calling

THURSDAY, FEBRUARY 5, 1970

1081

them together in meeting whenever deemed advisable, and to in spect systematically and thoroughly the conduct of primaries and elections in the several election districts of this county to the end that primaries and elections may be honestly, efficiently and uni formly conducted;

(i) To receive from poll officers the returns of all primaries and elections, to canvass and compute the same, and to certify as soon as practicable following the primary and election the results thereof to such authorities as may be prescribed by law;

(j) To publicly announce by posting in his office the results of all primaries and elections held in his county;".

Section 5. Said Title is further amended by inserting between the words "of" and "elections", wherever they shall appear, in Code Section 34-402, relating to the payment of the expenses incurred by ordinaries the words "primaries and" and by inserting between the words "other" and "elections" the words "primaries and".

Section 6. Said Title is further amended by inserting in Code Section 34-403, relating to the public inspection of certain records, between the words "the" and "election" the following:

"primary and".
Section 7. Said Title is further amended by inserting in Code Section 34-404, relating to the preservation of records, between the words "All" and "election" the following:
"primary and".

Section 8. Said Title is further amended by adding at the end of Code Chapter 34-4, relating to ordinaries, a new Code Section 34-405 and to read as follows:

"Section 34-405. In the event an ordinary is a candidate for any public office in a primary or election, he may, within seven days after the date for the closing of qualifications for the par ticular primary or election, request the State Election Board to appoint a substitute superintendent to serve in his place in said primary or election. Upon receiving such a request from any ordin ary, in consultation with the political parties or bodies and indepen dent candidates involved in such an election or primary, the State Election Board shall appoint a qualified individual to act as the superintendent in such primary or election. The State Election Board, in selecting the substitute superintendent, shall give first consideration to the qualified electors of the county involved."

Section 9. Said Title is further amended by striking in its en tirety Code Section 34-501, relating to managers of election dis tricts, and substituting in lieu thereof the following:

1082

JOURNAL OF THE HOUSE,

"Section 45-501. Managers. All elections and primaries shall be conducted 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 super intendent. If the political parties involved elect to do so, they may submit to the superintendent, for his consideration in making such appointment, a list of qualified persons. When such lists are sub mitted to him, the superintendent, insofar as practicable, shall make his appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent shall make each appointment byentering an order which shall remain of record in his office, and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his title, and a designation of the election district and primary or election in which he is to serve."

Section 10. Said Title is further amended by striking from sub sections (b) and (c) of Code Section 34-902, relating to the rules and regulations of political parties, the following:

"primaries,".

Section 11. Said Title is further amended by striking in its en tirety Code Section 34-903, relating to the supersedure power of State executive committees, and substituting in lieu thereof the following:

"Section 34-903. Supersedure power of State executive com mittee; notice; hearing; order.-- (a) When the State executive committee of a political party has reason to believe that the orders, rules or regulations of the State executive committee, relating to all party matters except the conduct of primaries, are not being, or will not be, fairly, impartially or properly enforced or applied in any county, by the county executive committee of the party in such county, then the State executive committee shall issue to such county committee a written notice of opportunity for hearing.

(b) A notice of opportunity for hearing shall state the sub stance of the order which the State committee proposes to issue under subsection (e) hereof and advise such county committee of its right to a hearing upon request to the State committee if such request is received by it within the time specified in the notice.

(c) Whenever such county committee requests a hearing in accordance with the provisions of this Section, the State com mittee shall immediately set a date, time and place for such hear ing and shall forthwith notify the county committee thereof.

(d) A stenographic record of the testimony and other evi dence submitted at the hearing shall be taken and filed with the

THURSDAY, FEBRUARY 5, 1970

1083

State committee. Each witness appearing at the hearing shall be sworn prior to testifying.

(e) If the State committee does not receive a timely request for hearing, or if a hearing is requested and conducted as provided in this Section and the State committee determines that all or any part of the proposed relief described in the notice of opportunity for hearing should be granted, then the State committee may issue an order, effective for a certain period: suspending and superseding all or any part of the powers and duties of the county committee and directing that the powers and duties which would have been exer cised and performed by such county executive committee in those matters in which they have been suspended and superseded, shall be exercised and performed by the persons designated by the State executive committee, who may be residents of any county of this State, notwithstanding any other provision of this Code.

(f) The State executive committee may delegate its powers under the provisions of this Section to a subcommittee."

Section 12. Said Title is further amended by deleting in its en tirety Code Section 34-904, relating to the investigation of fraud and irregularities by State executive committees in primaries.

Section 13. Said Title is further amended by striking in its en tirety Chapter 34-10, relating to the election of candidates, as amended, and substituting in lieu thereof a new Chapter 34-10, to read as fol lows:

"CHAPTER 34-10. NOMINATION OF CANDIDATES
A. General Election
Section 34-1001. Qualification of Candidates.--Candidates may qualify for an election as hereinafter prescribed by virtue of (1) nomination in a primary conducted by a political party; (2) filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chanrman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Section 341011; (3) nomination of presidential electors as prescribed by rules of political party; (4) substitute nomination of a political party or body as prescribed in Section 34-1003; (5) candidate in a special election as prescribed in Section 34-1002 (c); or, (6) in cumbent qualifying as a candidate to succeed himself as pre scribed in Section 34-1002(c).

Section 34-1002. Filing Notice of Candidacy.-- (a) Only those candidates who have filed their notice of candidacy in the following manner and have paid the prescribed qualifying fee by the date hereinafter prescribed shall be eligible to have their names placed on the general election ballot by the ordinaries of the counties or the county election boards.

1084

JOURNAL OF THE HOUSE,

(b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least fortyfive days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a run off primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer with in five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline hereinabove prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereinafter prescribed shall file his notice no later than 12:00 noon on the second Wednesday in June immediately prior to the election.

(c) Each candidate shall accompany his notice of candidacy with a nominating petition in the form hereinafter prescribed; ex cept that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and there in nominated candidates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a primary; (iii) seeking office in a special election; or, (iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition.

(d) Each candidate described in Subsection (b) shall accom pany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office ad dress; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the county of his residence eligible to vote in the election in which he is a candi date; (v) the name of the office he is seeking; (vi) that he is eli gible to hold such office; and (vii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other informa tion as may be prescribed by the officer with whom the candidate files his notice of candidacy.

Section 34-1003. Substituted nominations by parties and bodies.--Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of more than one county, by reason of the death, disqualifi cation or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a sub-

THURSDAY, FEBRUARY 5, 1970

1085

stituted nomination made by a convention composed of the dele gates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the
State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the con vention. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presi dential electors in the last presidential election. A two-thirds ma jority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the convention shall be filed with the State execu tive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomina tion made by the State executive committee or a subcommittee thereof appointed for the purpose.

(b) Any vacancy happening in any party nomination (filled by primary) for a Federal, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit con tained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county.

(c) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomi nation, may be filled by a substituted nomination made by such com mittee 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.

(d) Upon the making of any such substitute nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordinary, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate

1086

JOURNAL OF THE HOUSE,

of nomination shall be sworn to by the chairman and secretary* before an officer qualified to administer oaths.

B. Nomination of Party Candidates by Primaries

Section 34-1004. Primaries to be conducted only by political parties; conduct of primaries.--Only a political party may elect its officials and nominate its candidates for public office in a primary. Except for substitute nominations as provided in Section 34-1003 and nomination of presidential electors, all nominees of a political party must be nominated in the primary preceding the general elec tion in which the candidates names will be listed on the ballot. The primary held for such purpose shall be conducted by the ordinary in the same manner as prescribed by laws and rules and regulaM tions of the State Election Board and the ordinary for general elec tions. Primaries of all parties shall be conducted jointly.

Section 34-1005. Qualification of candidates; time for opening and closing qualifications; posting of lists of candidates by po litical parties; certification of political party candidates to ordinary and Secretary of State.-- (a) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office who meets the requirements of such pro cedural rules and (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 writ ten 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.'

(b) In the case of a general primary, the candidates shall com mence qualifying not earlier than 135 days prior to the date of such primary and not later than the last Wednesday in May. All parties shall close their qualifications at 12:00 noon on the second Wednes day in June immediately preceding such primary. In the case of a special primary, the candidates shall qualify at least 15 days prior to the date of such primary.

(c) Within one hour after the qualifications have ceased, the county executive committee of each political party 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 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.

Section 34-1006. Certification of political party candidates to Ordinary or Secretary of State.--At, or before noon, on the third Wednesday in June, the county executive committee of each po-

THURSDAY, FEBRUARY 5, 1970

1087

litical party shall certify to the Ordinary, and the State executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the suc ceeding general primary election. Such certification shall be ac companied by three-fourths of the qualifying fees paid by such candidates as prescribed in Section 34-1012. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Chapter 34-9.

Section 34-1007. Reopening of qualification in event of death of candidate.--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 quali fication for the office sought by the deceased candidate for a period of not less than one, nor more than three days.

Section 34-1008. Conduct of primary; Polling Places and poll officers to be used.--Primaries 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 shall apply thereto, insofar as practicable, and not in consistent with any other provisions of this Code. All such primaries shall be conducted in each election district by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections.

Section 34-1009. Primary expenses.--The expenses of a pri mary shall be paid by the respective county, except that forms listed under Section 34-301 (e) shall be furnished upon request by the Secretary of State.

C. Nomination of Candidates by Petition

Section 34-1010. Nomination petitions, (a) Nominations of candidates for public office may be made by nomination petitions signed by electors and filed in the manner herein provided. Such petitions shall be in the form prescribed by the officers with whom they are filed, and no other forms than the ones so prescribed shall be used for such purposes.
(b) A nomination petition of a candidate shall be signed by a number of electors of not less than five percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking; except that in the case of a candidate seeking the office of judge of the superior court or so licitor general the five percent figure shall be computed only on the total number of such electors of the judicial circuit directly in volved.
(c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the State entitled to vote in the next election for the filling of the

1088

JOURNAL OF THE HOUSE,

office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except, any political body seeking to have the names of their candidates for the offices of presidential electors placed upon the ballot through nomination pe titions shall not compile a separate petition for each candidate for such office, but such political body shall compile their peti tions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such
presentation.

(d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candi date to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political body af filiation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) that the affiant is a duly qualified and registered elector of the State entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition; (ii) his resi dence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty days of the last day on which such petition may be filed; and, (v) that, to the best of the affiant's knowledge and belief, the sign ers are registered electors of the State qualified to sign the peti tion, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the
affidavit.

(e) No nomination petition shall be circulated prior to one hundred and eighty days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within one hundred and eighty days of the last day for filing the same.

(f) A nomination petition shall not be amended or supple mented after its presentation to the appropriate officer for filing.

THURSDAY, FEBRUARY 5, 1970

1089

(g) Only those candidates whose petitions are accompanied by a certificate sworn to by the chairman and secretary of a po litical body, (duly registered with the Secretary of State as re quired by Section 34-901) stating that the named candidate is the nominee of that political body by virtue of being nominated in a convention, as prescribed in Section 34-1012, shall be listed on the ballot under the name of the political body. All petition candidates not so designated as the nominee of a political body shall be listed on the ballot in the independent column.

Section 34-1011. Examination of nomination petitions; judi cial review.-- (a) When any nomination petition is presented in the office of the Secretary of State or of any ordinary for filing within the period limited by this Code, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (i) it contains material errors or defects apparent on the face thereof; (ii) it contains material alterations made after signing without the consent of the signers; or (iii) it does not con tain a sufficient number of signatures as required by law. The Secretary of State or any ordinary may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon, and if he shall there upon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet.

(b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who exe cuted or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any mat ter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the officer may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the officer, shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail and the production of an appropriate return re ceipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forth with by the officer to the appropriate superior court, or to a judge
thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so sub-

1090

JOURNAL OF THE HOUSE,

poenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be de nied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate.

(c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was er roneous, it shall issue its mandate to the officer to correct his decision, and to grant the nomination petition. Prom any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its de cision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot, if the court shall so determine.

D. Nomination of Candidates by Convention
Section 34-1012. Nomination of candidates by convention, (a) Any political party desiring to nominate its presidential electors, and any political body desiring to nominate its candidates qualify ing with petitions by convention shall, through its State Executive Committee, adopt rules and regulations in conformity with this Section governing the holding of such conventions for the nomina tion of candidates for any State, district or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The State Party or Body Chairman of such political party or body and its Secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertain ing to the nomination of candidates by the convention method.
(b) The Secretary of State shall examine all such rules and

THURSDAY, FEBRUARY 5, 1970

1091

regulations, and all amendments thereto, as shall be filed with him within 15 days after receipt thereof. If, in the opinion of the Secretary of State, any rule or regulation, or any part thereof, does not meet the requirements prescribed by this Section, he shall notify the State Party or Body Chairman and Secretary of such party or body in writing, stating therein his reasons for rejecting such rule or regulation. If, in the judgment of the Secretary of State, such rules and regulations meet the requirements prescribed by this Section, they shall be approved.

(c) The Secretary of State shall not approve any such rules or regulations unless they provide:

(1) That a notice of the proposed date for the holding of any such convention must be published in a newspaper hav ing a general circulation within the area to be affected at least 10 days prior to the date of any such convention. Such notice shall also state the purpose for which the convention has been called; and

(2) That delegates to the convention shall be certified pur suant to appropriate party or body rules by the proper party or body officials; and

(3) That delegates to the convention shall be apportioned in such manner as will properly reflect the number of electors residing within the political subdivisions or area affected in accordance with the last United States decennial census; or apportioned according to the number of votes received by the party's candidate for the office of President of the United States in the last presidential election in the areas concerned; or apportioned according to the number of votes received by the party's candidate for the office of Governor of Georgia in the last gubernatorial election in the areas concerned; and

(4) In the event that more than one county is involved, each county shall have at least one delegate to the conven tion, and such additional delegates as shall be allotted thereto shall be apportioned according to the provisions of (3) above; and

(5) That a certified copy of the minutes of the conven tion, attested to by the Chairman and Secretary of the conven tion, must be filed by the nominee with his notice of candidacy.

(d) Any candidate nominated by convention shall be required to pay to the person with whom he files his notice of candidacy the same qualifying fee as that required of other candidates for the same office.
(e) A convention for the purpose of nominating candidates shall be held at least 90 days prior to the date on which primaries are conducted.

1092

JOURNAL OF THE HOUSE,

(f) Nothing contained within this Section shall be construed so as to apply to the nomination of substitute candidates by con vention pursuant to the provision of Code Section 34-1003 or to the nomination of candidates in special elections.

E. General Provisions

Section 34-1013. Qualification fees; when and to whom paid; distribution of fees.-- (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The govern ing authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least twenty days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be five percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of Justice of the Peace shall be $10.00.

(2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee to be paid by each candidate qualifying for a primary with a state political party and each nonprimary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be five percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year.

(3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1).

(b) Qualifying fees shall be paid as follows:

(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the Ordinary or Secretary of State at the time the notice of candidacy is filed by the candidate.
(c) Qualifying fees shall be pro-rated and distributed as follows:

THURSDAY, FEBRUARY 5, 1970

1093

(1) Fees paid to the county political party: 25% to be retained by the county political party with which the candidate qualified; 75% to be transmitted to the Ordinary of the county with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general pri mary, and by noon of the day following the closing of qualifica tions in the case of a special primary. Such fees shall be trans mitted as soon as practicable by the Ordinary to the governing authority of the county, to be applied toward the cost of the
primary and election.

(2) Fees paid to the state political party: 25% to be retained by the state political party: 75% to be transmitted to the Secretary of State with the party's certified list of candi dates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day fol lowing the closing of qualifications in the case of a special pri mary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the State Treasury, and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election.

(3) Qualification fees paid to the Ordinary of the county shall be transmitted by the Ordinary as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election.

(4) Qualification fees paid to the Secretary of State shall be pro-rated and distributed as follows: 25% to be transmitted to the State Treasury; 75% to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties in volved in proportion to the vote cast by each county in the preceding presidential election.
Section 34-1014. Candidates prohibited from running in pri mary or election for more than one office listed.--No person shall be nominated, nor shall any person be a candidate in a primary, for more than one of the following public offices to be filled at any one election; Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller Gen eral, Treasurer, Commissioner of Agriculture, Commissioner of Labor, United States Senator, or Representative in Congress, Publice Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, Ordinary, Clerk of Superior Court, Tax Commissioner, Tax Collector, Sheriff, Judge of Superior Court,

1094

JOURNAL OF THE HOUSE,

County Treasurer, County School Superintendent, Tax Receiver, and members of the Senate and House of Representatives of the Gen eral Assembly.

Section 34-1015. Candidate required to designate specific office sought in certain cases.--In the case of a candidate seeking one of two or more public offices, each having the same title and to be filled at the same election by the vote of the same electors, such
candidate shall, when qualifying with his party in the case of a primary and when filing his notice of candidacy in the case of an election, designate the specific office he is seeking by naming its incumbent or by giving other appropriate designation. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, desig nating the same specific office."

Section 14. Said Title is further amended by striking from sub section (a) of Code Section 34-1102, relating to primary ballots, the word "by" and inserting in lieu thereof the word "for" and by striking in their entirety subsections (c) and (d), and substituting in lieu there of the following:

"(c) Immediately under the directions, the names of all candi dates, who have qualified with the party in accordance with the provisions of this Title and party rules and who have been certified to the ordinary or Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.

(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall certify the wording of said question to the ordinary, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county, and the ordinary or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (V) mark."

Section 15. Said Title is further amended by inserting in the Title of Code Section 34-1104, relating to the form of ballots, stubs and num bers, after the words "Form of ballots" the following:
"and absentee ballots"
and by inserting immediately before the first sentence thereof the following:

THURSDAY, FEBRUARY 5, 1970

1095

"(a)"

and by adding at the end thereof a new subsection (b) to read as fol lows:
"(b) The form for the absentee ballot shall be in substan tially the same form as the official ballots used in the election dis tricts, except it shall be printed with only the name stub and with out a number strip."
Section 16. Said Title is further amended by striking in its en tirety subsection (f) of Code Section 34-1209, relating to the prepara tion and custody of voting machines and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) In every primary or election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, of all which shall be in the form, and according to the specifica tions, prescribed, from time to time, by the Secretary of State."

Section 17. Said Title is further amended by striking in its en tirety the second paragraph of Code Section 34-1217, relating to the authorization for the use of voting recorders.
Section 18. Said Title is further amended by striking in its en tirety subsection (e) of Code Section 34-1225, relating to the prepara tion and custody of vote recorders and substituting in lieu thereof a new subsection (e) to read as follows:

"(e) In every primary or election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall be in the form, and according to the specifica tions, prescribed, from time to time, by the Secretary of State.

Section 19. Said Title is further amended by striking in its entirety Code Section 34-1301, relating to instruction cards and supplies and substituting in lieu thereof the following:

"Section 34-1301. Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of Cards of Instruction for guidance of electors, such Cards of Instruction to include such portions of the Georgia Elec tion Code as deemed necessary by the Secretary of State and to be printed for the type voting used in the county, i.e., paper ballots, voting machines or vote recorders. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voter's certificates, notices of penal ties, oaths of assisted electors, numbered list of voters, tally sheets,

1096

JOURNAL OF THE HOUSE,

return sheets, and such other forms and supplies required by this Code, in each election district of the county."

Section 20. Said Title is further amended by striking the first sen tence of Code Section 34-1302, relating to voter's certificates and sub
stituting in lieu thereof the following:

"The Secretary of State shall prepare and furnish to the superintendent for each primary and election the required num ber of voter's certificates which shall be in substantially the follow
ing form:".

Section 21. Said Title is further amended by striking in their entirety subsections (b) and (c) of Code Section 34-1302, relating to voter's certificates and substituting in lieu thereof the following:
"(b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder to be furnished by the Secretary of State, in sufficient quantities for each election district, for each primary or election. The binder shall have written thereon the words 'Voter's Certificates' and shall have a space for filling in the designation of the election dis trict and the date of the primary or election."
Section 22. Said Title is further amended by striking the fifth sentence of subsection (b) of Code Section 34-1303, relating to the de livery of ballots and supplies to managers, which reads as follows:
"In a primary, where the parties do not agree to have only one set of managers for an election 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 imme diately preceding governor's election."
Section 23. Said Title is further amended by deleting from sub section (c) of Code Section 34-1308, relating to the duties and meet ing of poll officers, the second sentence which reads as follows:
"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."
Section 24. Said Title is further amended by striking from sub section (a) of Code Section 34-1322, relating to the count and return of votes, the following phrase which appears in the second sentence thereof:
"which may be found in the ballot or stub box shall be re turned to the proper election officials of the party for whom the ballots were issued.",
and substituting in lieu thereof the following:

THURSDAY, FEBRUARY 5, 1970

1097

"shall be returned to the ballot box for the party for which they were issued. In primaries separate tally and return sheets shall be prepared for each party, and separate poll officers shall be designated by the chief manager to count and tally each party's ballot."

Section 25. Said Title is further amended by striking from sub section (a) of Code Section 34-1326, relating to signing and disposi tion of returns, electors list and voter certificates, the following:

"in the case of elections, or the state party in the case of primary".

Section 26. Said Title is further amended by striking from sub section (a) of Code Section 34-1333, relating to the disposition of returns and electors lists and voter certificates, the following:

"in the case of elections, or the state party in the case of primary".

Section 27. Said Title is further amended by inserting in the first sentence of subsection (a) of Code Section 34-1405, relating to the duties of superintendents and registrars, between the words "pre pare" and "and", as they appear in the first sentence thereof, the fol lowing:

"or obtain".

Section 28. Said Title is further amended by striking in its en tirety Code Section 34-1501, relating to the office of superintendent, and substituting in lieu thereof the following:

"Section 34-1501. Office of Superintendent and county board of registrars to remain open during primaries and elections and until completion of count; reports and returns to be made pub lic.--Each superintendent and chairman of the county board of registrars shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him."
Section 29. Said Title is further amended by deleting from Code
Section 34-1504, relating to the computation and certification of re turns by superintendents, paragraph (iii) of subsection (d).

Section 30. Said Title is further amended by striking from Code Chapter 34-15, relating to the returns of primaries and elections, as amended, Code Sections 43-1507 through 34-1516 and substituting in lieu thereof the following:
"Section 34-1507.--Consolidated Certified Returns of Pri-

1098

JOURNAL OF THE HOUSE,

maries; returns forwarded to Secretary of State.--Each superin tendent shall prepare four copies of the consolidated return of the primary to be certified by the Superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) one copy to be posted at the county courthouse for the information of the public; (2) one copy to be filed in the superintendent's office: (3) one copy to be forwarded to the Secretary of State, together with a copy of each election district return and a copy of the numbered list of voters of each election district, including the election dis trict return and the numbered list of voters for absentee electors for each election district; and (4) one copy to be sealed and filed with the Clerk of the Superior Court as required by Section 34-
1515.

"Section 34-1508. Consolidated Certified Returns of Elections; returns forwarded to Secretary of State.--Each superintendent shall prepare four copies of the consolidated return of the election to be certified by the Superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immedi ately upon certification as follows: (1) one copy to be posted at the county courthouse for the information of the public; (2) one copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) one copy to be sealed and filed with the Clerk of the Superior Court as required by Section 341515; and (4) one copy to be returned as follows:

(a) In the case of election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, the returns shall be sealed up by the superintendent separately from other returns and shall be trans mitted immediately to the Secretary of State;

(b) In the case of election of Federal and State officers, ex cept those officers named in (a) above, a separate return showing totals of the votes cast for each of such officers respectively, shall also be forwarded by the Ordinary to the Secretary of State on forms furnished by the Secretary of State.

(c) In the case of elections for any county officer, justice of the peace or other officer required by law to be commissioned by the Governor in any of the several counties of this State, it shall be the duty of the superintendent to transmit immediately to the Sec retary of State a certified copy of the returns of all such officers.

(d) In the case of referendum elections provided for by an act of the General Assembly, the returns shall immediately be certified, by the authority holding such election, to the Secretary of State, along with the election district returns and numbered list of voters for each election district. In addition thereto, the official citation of the act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The

THURSDAY, FEBRUARY 5, 1970

1099

Secretary of State shall maintain a permanent record of such certi fications.

(e) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superin tendents, the Secretary of State shall forwith proceed to can vass and tabulate the votes cast on such amendments, and certify the results to the Governor.

(f) In the case of election for Presidential Electors, a separate return shall be prepared by each Superintendent and certified im mediately to the Secretary of State.

Section 34-1509.--Constitutional Officers Election Board to tabulate and certify returns for Constitutional officers.

(a) On the Tuesday next following the general election, the Secretary of State shall transmit said returns to the Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. The Speaker of the House shall act as the chairman of such Board. On said date, the chairman shall convene such Board at such time and place as he shall determine, after having given due notice thereof, to all members of the Board and the candidates named herein. Each candidate shall be entitled to designate one person to be pres ent at the opening of the returns. Such Board shall open and pub lish the returns of each such election. The person having the ma jority of the whole number of votes in each election shall be de clared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Secre
tary of State.

(b) If it shall appear that any of the returns of the election for such offices shall not have been transmitted to the Secretary of State as provided by this Code at the time the Board convenes, the Chairman of the Board shall immediately notify the Chair man of the State Election Board and inform him as to which returns have not been received. It shall be the duty of the Chair man of the State Election Board to immediately convene the State Election Board for the purpose of completing such returns. The State Election Board shall assume all of the powers, duties and responsibilities of the superintendent of the delinquent county for the purpose of completing the count and tabulation of the votes cast in such county for such offices. It shall be the duty of the superintendent, poll officers and other election officials in such county to render to the State Election Board all such assistance and cooperation as shall be required to complete such count and tabulation without delay. Upon the request of the State Election Board, all ballots, lists, sheets and all other election paraphernalia as shall be required to complete the returns shall be surrendered to the State Election Board and the Judge of the Superior Court

1100

JOURNAL OF THE HOUSE,

of such county shall take such action as necessary to carry this into effect. The State Election Board shall immediately complete the count and tabulation of such votes and immediately transmit the returns of such elections to the Chairman of the Constitutional Officers Election Board. When the State Election Board has com pleted its use of the election materials, such materials shall be re turned to the county officials from whom received for disposition in accordance with applicable provisions of this Code. As soon as all returns of such elections are in the hands of the Chairman of the Constitutional Officers Election Board, the Chairman shall im mediately convene the Board, after giving the notices provided for above, and the Board shall open and publish the returns of each such election and certify returns as prescribed above.

Section 34-1510.--Secretary of State to tabulate, compute, canvass, and certify certain returns.--Upon receiving the certified returns of any election from the various superintendents, the Sec retary of State shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates described in Section 341508 (4) (b) and upon all questions voted for by the electors of more than one county, and shall thereupon certify and file in his office the tabulation thereof. The Secretary of State shall also upon receiving the certified returns for Presidential Electors pro ceed to tabulate, compute and canvass the votes cast for each slate of Presidential Electors, and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of Presidential Electors receiving the highest number of votes.

Section 34-1511.--Certificates of election; commissions; proc lamations.

(a) Governor and other constitutional officers. The person receiving a majority of the votes for the respective offices named in Section 34-1508(4) (a) shall be declared elected thereto, and certificates of election shall be made by the Constitutional Officers Election Board and issued to each person so elected. The Secretary of State shall lay the certified returns filed with him by the Con stitutional Officers Election Board before the Governor upon his taking the oath of office as Governor, and the Governor, upon the other constitutional officers taking their oaths of office shall issue a commission under the Great Seal of the State of Georgia signed by the Governor and counter-signed by the Secretary of State to each such person. The Secretary of State shall issue the commission to the person elected Governor.

(b) United States Senators; Representatives in Congress; Members of General Assembly; Certificates of Election.

(1) Upon completing the tabulation of any election for United States Senator or Representative in Congress, the Secre tary of State shall lay the same before the Governor, who shall immediately issue certificates of election and commissions un-

THURSDAY, FEBRUARY 5, 1970

1101

der the seal of the State, duly signed by himself, and attested by the Secretary of State, and deliver the same to the candi dates receiving a majority of the votes for the respective offices.

(2) The Secretary of State shall issue certificates of elec tion to the persons elected members of the Senate and House of Representatives of the General Assembly, and between the hours of twelve noon and one P. M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective Houses. In case of a special election the Secretary of State shall issue a certificate of election to each person so elected and he shall present the returns of such election to the proper House as soon as received and tabulated by him. Immediately upon their taking the oath of office, each member of the Senate and House of Representatives shall be issued a commission under the Great Seal of the State of Geor gia, signed by the Secretary of State.

(c) Justices of the Supreme Court, Judges of Court of Ap peals, Commissioners of the Georgia Public Service Commission, Judges of the Superior Courts and District Attorneys.--Upon completion of the tabulation the Secretary of State shall certify the result of each election of Justice of the Supreme Court, of Judges of Court of Appeals, of Commissioners of the Georgia Public Ser vice Commission, of Judges of the Superior Court and of District Attorneys to the Governor and shall issue a certificate of election to each person so elected. The Governor shall, upon their taking the oath of office immediately issue a commission under the Great Seal of the State of Georgia, signed by the Governor and countersigned by the Secretary of State, to each such person.

(d) County officers; justices of the peace.--The superin tendent in each county sHall, as soon as the returns have been properly certified, issue certificates of election to the successful candidates for all county officers and justices of the peace to be filled by the votes of electors of such county. Immediately upon taking the oath of office, each such county officer or justice of the peace shall be issued a commission under the seal of the Executive Department, signed by the Governor, and countersigned by one of his secretaries.

(e) Presidential electors.--The Secretary of State, on re ceiving and computing the returns of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes for each person so voted for, and shall cause a certificate of election to be delivered to each person so chosen.

(f) Constitutional Amendments.--Upon receiving the cer tified results of elections on all constitutional amendments from the Secretary of State, the Governor shall issue his proclamation declaring the results of the vote of each amendment.

Section 34-1512.--Commissions if election contested.--A com-

1102

JOURNAL OP THE HOUSE,

mission which is to be issued as provided by this Code to any person elected to any office shall be issued notwithstanding the fact that the election of such persons to any such offices may be contested in the manner provided by this Code. Whenever it shall appear by the final judgment of the proper tribunal having juris diction of a contested election, that the person to whom such commission shall have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall be issued to the person who shall appear to be legally elected to such office, and the issuing of such commission shall nullify the commission already issued, and all power and authority under such commission first issued shall thereupon cease.

Section 34-1513. Majority vote required to nominate or elect; exception; run-off primary of election; Constitutional Officers Election Board to call run-off Constitutional Officers.--

(a) No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public of fice. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to re ceive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which re ceives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election, between the candidates receiving the two highest num ber of votes, shall be held on the fourteenth day after the day of holding the preceding primary or election, unless such run-off date is postponed by court order; provided that in the event the candi date receiving the second highest number of votes withdraws, no such run-off shall be held and the candidate receiving the highest number of votes shall be nominated or elected as the case may be; provided further that in the event any candidate eligible to be in a run-off dies, or one of the two candidates originally receiving the highest number of votes is found to be ineligible, the remaining candidates receiving the two highest number of votes shall be the candidates in such run-off. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a run-off shall be printed on the run-off election ballot in the inde pendent column. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Section 34-624.

(b) In the event no candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commis sioner of Agriculture, or Commissioner of Labor receives a ma jority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the elec tion for the office in which no candidate received a majority by

THURSDAY, FEBRUARY 5, 1970

1103

immediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes for the particular office concerned, who continue in life and have not declined to continue as a candidate. This run-off election shall be held on the second Tuesday immediately following the general election. The run-off election shall be a continuation of the general election for the particular office concerned, and only the electors
who were entitled to vote in the general election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the two persons designated by the Constitu tional Officers Election Board as candidates in such run-off elec tion shall be counted in the tabulation and canvass of the votes cast. The provisions of Code Section 34-1507 (c), relating to the convening of the Constitutional Officers Election Board, transmis sion of the returns in the general election, the opening of the re turns, their tabulation, canvassing and publication, shall apply to the run-off elections provided for by the provisions of this sub section. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected.

Section 34-1514. Special election on failure to nominate or elect or on death or withdrawal of officer elect.--Whenever any primary or election shall fail to fill a particular nomination or of fice and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position.

Section 34-1515. Delivery of ballots and other documents to clerk of superior court.--Immediately upon completing the re turns required by this Chapter, the superintendent shall deliver in sealed containers to the clerk of the superior court the used, unused and void ballots and the stubs of all ballots used, numbered lists of voters, tally paper, voting machine paper proof sheet, and re turn, involved in the primary or election. The clerk shall hold such ballots and other documents under seal (unless otherwise directed by the superior court) until the next meeting of the grand jury and shall thereupon present such documents to the grand jury for inspection. Such ballots and other documents shall be preserved in the office of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order."

Section 31. The provisions of this Act shall become effective upon the date of the approval thereof by the Governor, or upon it otherwise becoming law.
Section 32. All laws and parts of laws in conflict with this Act are hereby repealed.

1104

JOURNAL OF THE HOUSE,

Mr. Howell of the 60th moved that further consideration of the Committee substitute to HB 1304 be postponed until tomorrow, February 6, 1970, imme diately after the period of unanimous consent.

The motion prevailed and HB 1304 was postponed.

Mr. Williams of the llth moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 6, 1970

1105

Representative Hall, Atlanta, Georgia Friday, February 6, 1970

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Sam Ingram, Pastor, First Baptist Church, Tennille, 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.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1475. By Mr. Brooks of the 17th: A Bill to be entitled an Act to amend an Act incorporating the City of

1106

JOURNAL OF THE HOUSE,

Arnoldsville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1476. By Messrs. Chandler of the 34th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to change the provisions relating to the filing of a bond prior to the registration of securities for sale; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1477. By Messrs. Bell and Morris of the 73rd, Jordan of the 74th, Dean of the 76th, Collins of the 72nd, Farrar of the 77th and others:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to increase the number of the members of the Board of Commissioners of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1478. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of an associate judge of the city court of certain counties, so as to extend the provisions of said Act for one additional year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1479. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to authorize the employment of attorneys not members of the staff of the Department of Law for the purpose of collecting claims due the State, its agencies or instrumentalities; and for other purposes.
Referred to the Committee on Judiciary.

HB 1480. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that all officials, personnel and em ployees of the State Board of Probation, except members of the State Board of Probation, shall be under the State Merit System; and for other purposes.
Referred to the Committee on Retirement.

FRIDAY, FEBRUARY 6, 1970

HOT

HB 1481. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act providing for the establish ment, maintenance and administration of common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1482. 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 authorize the City of Albany to pro vide for the regulation and impoundment of animals, and the regula tion of the owners thereof; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd, Keen, Knapp and Scarborough of the 81st:
A Bill to be entitled an Act 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 for feitures in said ourt; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1484. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Chapter 9-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also participate in an approved legal aid program; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1485. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend Code Section 92-3113, relating to the apportionment of corporate income derived from the manufac ture, production or sale of tangible personal property, so as to pro vide an alternative formula for apportioning such income; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1486. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes

1108

JOURNAL OF THE HOUSE,

imposed by said Act the Sale of energy or energy-producing fuels used in the manufacturing, processing, mining or refining of tangible personal property for sale; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1487. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Bowdon, so as to add to the corporate limits of the Town of Bowdon certain tracts of land; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.

HR 715-1488. By Mr. Pickard of the 84th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation all raw materials in the hands of the manufacturer to be manufactured into articles of tangible personal property, all goods in the process of manufacture and all manufactured articles in the hands of manufacturer; and for other purposes.
Referred to the Committee on Ways and Means.
HR 716-1488. By Messrs. Chandler of the 34th and Pafford of the 64th: A Resolution relative to architectural and engineering firms doing business with the State; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 717-1488. By Mr. Holder of the 49th: A Resolution compensating Mrs. G. H. (Belle) Saunders; and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 6, 1970

1109

HR 718-1488. By Mr. Anderson of the 49th:
A Resolution compensating Mr. Barkclay S. Williams; and for other purposes.
Referred to the Committees on Appropriations.

HB 1489. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to provide that the using, furnishing, issuing, distributing or redeeming of trading stamps, coupons or similar devices for the sale of gasoline and other motor fuels shall be unlawful; and for other purposes.
Referred to the Committee on Industry.

HB 1490. By Messrs. Chandler of the 34th and Holder of the 49th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, so as to provide that otherwise qualified applicants, who possess certain in stitutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination required of applicants wishing to practice medicine in this State; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 720-1490. By Messrs. Bell of the 73rd, Jordan of the 74th, Geisinger and Collins of the 72nd, Floyd, Westlake and Davis of the 75th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to provide by law that DeKalb County may levy and collect a tax on multi-family resi dential rental units located within said county not to exceed a rate of 2% of the total amount collected annually; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1491. 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 Hinesville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1492. 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 name of the Board

1110

JOURNAL OF THE HOUSE,

of Georgia State Board of Nursing Home Administrators; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1493. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to provide that the Commissioner may es tablish rules and regulations with regard to a reasonable waiting period for re-examination of applicants for licenses as agents and counselors for life, accident and sickness insurance; and for other purposes.
Referred to the Committee on Insurance.

HR 722-1493. By Messrs. Knapp, Keen, Evans and Pinkston of the 81st and Miller of the 83rd: A Resolution proposing an amendment to the Constitution, so as to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles owned by religious organizations or groups and used solely for religious purposes and from which no in come is derived; and for other purposes.
Referred to the Committee on Ways and Means.
HR 723-1493. By Mr. Bostick of the 63rd: A Resolution creating the Employees of the Clerks of the Superior Courts Retirement Study Committee; and for other purposes.
Referred to the Committee on Retirement.
HB 1494. By Messrs. Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd, Games of the 104th, Wilkerson of the 103rd and others: A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing au thorities of certain municipalities; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1495. My Messrs. Russell and Keyton of the 70th: A Bill to be entitled an Act to provide for a Board of Commissioners of Thomas County; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 6, 1970

1111

HB 1496. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to provide that the Revenue Commissioner shall be authorized to grant permits to licensed, wholesale, tobacco dealers; to allow tobacco tax stamps to be obtained on account; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1497. By Mr. Horton of the 95th:
A Bill to be entitled an Act to define, control and prohibit the littering of public or private property; and for other purposes.
Referred to the Committee on Industry.

HB 1498. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Madison County, so as to change the provisions relating to employment of personnel by said board of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1499. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or stu dents in order to comply with any order of any Federal court; 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 1453. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend Code Title 56, relating to in surance, so as to provide for the regulation of insurance holding com pany systems; to define the term "insurance holding company systems"; and for other purposes.

HB 1454. By Messrs. Graves, Toles and Lowrey of the 9th, Conger of the 68th and Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating the Georgia State

1112

JOURNAL OF THE HOUSE,

Board of Funeral Service and regulating the practice of embalming and funeral directing, so as to provide that 3 years after the effective date of this amendatory Act no applicant shall be eligible unless he shall have held an embalmer's license from the Board for at least a period of 1 year preceding his applying for a funeral director's license; and for other purposes.

HB 1455. By Messrs. Ross of the 26th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses, so as to provide that the said governing authorities may tax astrology, but any said tax shall not exceed $100 per calendar year; and for other purposes.

HB 1456. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend Code Section 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; and for other purposes.

HB 1457. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, be amended to provide that the provisions for medical assistance contained therein shall in clude medical assistance rendered by chiropractors; and for other pur poses.

HB 1458. By Messrs. Atherton of the 117th, Horton of the 95th, Thomason of the 77th and Marcus of the 105th:
A Bill to be entitled an Act to create a regional council for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other purposes.

HB 1459. By Messrs. Barber of the 15th and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to authorize the Execu tive Director of said Corporation to employ personnel, to contract for services and to expend funds for same; and for other purposes.

HB 1460. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act relating to the authority of

FRIDAY, FEBRUARY 6, 1970

1113

municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to provide that such levy shall not be assessed upon or collected from any practitioner who is employed by the United States; and for other pur poses.

HR 703-1460. By Messrs. Dickinson of the 118th, Johnson of the 29th, DeLong of the 80th, Ballard of the 23rd, Toles and Lowrey of the 9th, Colwell of the 5th, Jones of the 59th, Harris of the 77th and others:
A Resolution authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each patrolman is required to work only a fiveday work week; and for other purposes.

HR 704-1460. By Messrs. Vaughn and Jordan of the 74th:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Conyers who are 62 years of age or over, or who are totally disabled and who have an income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City; and for other purposes.

HB 1461. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Charlton County Historical Commission; and for other purposes.

HB 1462. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.

HB 1463. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the Mayor and Councilmen to designate the depository for said City; and for other purposes.
HB 1464. By Mr. Longino of the 98th:
A Bill to be entitled an Act to amend Code Section 13-405, relating to the fees to cover the cost of examinations of banks, so as to increase the fees in order to support the cost of operating the Department of Banking; and for other purposes.

1114

JOURNAL OF THE HOUSE,

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Games of the 104th, Winkles of the 96th, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act creating the Civil Service Board in Fulton County, so as to provide that no prior residence in Fulton County shall be required for employment in the classified service; and for other purposes.

HB 1466. By Messrs. Williams of the llth and Townsend of the 115th:
A Bill to be entitled an Act to provide a method for the easier identifi cation of the owners of motor vehicles; and for other purposes.

HB 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Battle of the 90th and Hill of the 94th:
A Bill to be entitled an Act to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a four-year term of office, and who shall be elected county-wide and who shall be the President of said Board of Education; and for other purposes.

HB 1468. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th, Shepherd of the 108th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to provide for two additional Judges of the Superior Court of the Atlanta Circuit at such time as exclusive original jurisdiction of any actions heretofore subject to the Juvenile Court of the County within the Circuit is transferred to the Snperior Court; and for other purposes.

HB 1469. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more exclusive original jurisdiction over juven iles shall be exercised by the Domestic Relations Division of the Superior Court; and for other purposes.

HB 1470. By Messrs. Miller of the 83rd, Dodson of the 82nd, Knapp, Keen, Pinkston, Scarborough and Evans of the 81st:
A Bill to be entitled an Act to provide that it shall be within the discretion and power of the judge of any court who has ordered or caused any weapon to be impounded to pass an order directing that any

FRIDAY, FEBRUARY 6, 1970

1115

weapon be destroyed if the owner fails to apply for or reclaim posses sion thereof within 24 months after such weapon has been impounded; and for other purposes.

HB 1471. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to authorize the governing: authorities of certain counties to create electrical examining boards for the purpose of examining applicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; and for other purposes.

HR 707-1471. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemp tions are claimed by one or more owner, heirs or cestui que uses who reside on such property; and for other purposes.

HR 708-1471. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation all tangible personal property in transit through this State and all tangible personal property manufactured, processed, or refined in this State and stored for shipment outside the State; and for other purposes.
HR 709-1471. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to exempt all new manu facturing plants and additions to existing manufacturing plants within their limits from part of or all ad valorem taxation for five successive years; and for other purposes.

HR 710-1471. By Messrs. Parker of the 44th, Wamble of the 69th, Russell of the 70th, Mauldin and Milford of the 12th, Collins of the 62nd, Nessmith of the 44th, and many others:
A Resolution proposing an amendment to the Constitution so as to increase the sales and use tax from 3% to 4%; to provide that total costs of the Minimum Foundation Program of Education shall be borne from State funds; and for other purposes.

1116

JOURNAL OF THE HOUSE,

HB 1472. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to five-year license plates, their description, revalidation stickers, county stickers, duplicates and special license plates, so as to require that Georgia license plates contain the words "Peach State"; and for other purposes.

HB 1473. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Worth County, so as to change the compensation of said officer; and for other purposes.

HB 1474. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, so as to change the additional funds such officer shall receive to com pensate deputies; and for other purposes.

HR 711-1475. By Mr. Cole of the 3rd: A Resolution compensating Mr. Bob Johnston; and for other purposes.

HR 712-1475. By Messrs. Parker, Lane and Nessmith of the 44th: A Resolution compensating John W. Hurst; and for other purposes.

HR 714-1483. By Mr. Chandler of the 34th: A Resolution compensating Mr. Larry Salter; and for other purposes.

HR 719-1488. By Mr. Harris of the 67th: A Resolution compensating Mr. Phillip Cross; and for other purposes.

HR 721-1491. By Mr. Grahl of the 40th: A Resolution compensating Mr. Levi E. Akins; and for other purposes.

SB 265. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize the head of any department or agency of State government to declare any property within his de partment or agency to be surplus; and for other purposes.

FRIDAY, FEBRUARY 6, 1970

1117

SB 294. By Senator Vann of the 10th:
A Bill to be entitled an Act to provide that the produce of any tree or plant remains the property of the owner or lessee of the land upon which the tree or plant is located; to provide that the produce of a tree located upon the right-of-way of any public road shall belong to the owner of the property located in closest proximity to the tree; and for other purposes.

SB 360. By Senator Vann of the 10th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors and the inability of certain public officers to serve as such, so as to provide that justices of the peace and notaries public ex officio justices of the peace shall not be eligible to serve as grand jurors; and for other purposes.

SB 370. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that the Supervisor shall adopt and promulgate rules and regulations governing the distribution of purchase requests throughout the fiscal year; and for other purposes.

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Supervisor of Purchases, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; and for other purposes.

SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that, if possible, the Supervisor of Purchases shall arrange to purchase certain supplies on an annual contract basis; and for other purposes.

SB 392. By Senators McGill of the 24th and Miller of the 43rd:
A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of livestock at auction, so as to change the bond re quirements of livestock dealers; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:

1118 Mr. Speaker:

JOURNAL OF THE HOUSE,

Your Committee on Agriculture has had under consideration the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HR 519-1042. Do Pass. HR 640-1290. Do Pass.

Respectfully submitted,

Matthews of 63rd, Chairman.

Mr. Murphy of the 19th District, 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 House and has instructed me to report same back to the House with the following recommendations:
HB 1196. Do Pass by Substitute. HB 1197. Do Pass by Substitute.
Respectfully submitted, Murphy of 19th, Chairman.

Mr. Ware of the 30th District, Chairman of the Committee on Defense & Vet erans Affairs submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report back to the House with the following recommendations:

HB 1421. Do Pass.

Respectfully submitted, Ware of 30th, Chairman.

FRIDAY, FEBRUARY 6, 1970

1119

Mr. Barber of the 15th District, 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 to report same back to the House with the following recommendations:
HB 1338. Do Pass by Substitute. HB 1339. Do Pass as Amended.
Respectfully submitted, Barber of 15th, Chairman.

Mr. Harris of the 77th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 465-1026. Do Pass by Substitute. HB 1327. Do Pass. HB 1030. Do Pass as amended. HB 1276. Do Not Pass. HB 1395. Do Pass. HB 1279. Do Pass as amended. HB 1451. Do Pass. HB 1359. Do Pass by Substitute.

1120
HB HB HB HB

JOURNAL OF THE HOUSE,
1391. Do Pass. 1388. Do Pass. 1228. Do Pass by Substitute. 1207. Do Pass.
Respectfully submitted, Harris of the 77th District, Chairman.

Mr. Clarke of the 33rd District, Chairman of the Committee on Local Af fairs, submitted 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 to report same back to the House with the following recommendations:

HB

736. Do Pass.

HB

1093. Do Pass as Amended.

HB

1186. Do Pass.

HB

1328. Do Pass.

HB

1366. Do Pass.

HB

1367. Do Pass.

HB

1368. Do Pass.

HB

1389. Do Pass.

HB

1392. Do Pass.

HB

1393. Do Pass.

HB

1394. Do Pass.

HB

1396. Do Pass.

HB

1398. Do Pass.

HB

1399. Do Pass.

HB

1400. Do Pass.

HB

1401. Do Pass.

HB

1402. Do Pass.

HB

1404. Do Pass.

FRIDAY, FEBRUARY 6, 1970

1121

HB

1407. Do Pass.

HB

1408. Do Pass.

HB

1409. Do Pass.

HB

1410. Do Pass.

HB

1411. Do Pass.

HB

1412. Do Pass.

HB

1413. Do Pass.

HB

1414. Do Pass.

HB

1415. Do Pass.

HB

1417. Do Pass.

HB

1418. Do Pass.

HB

1419. Do Pass.

HB

1420. Do Pass.

HB

1422. Do Pass.

HB

1424. Do Pass.

HB

1425. Do Pass.

HB

1426. Do Pass.

HB

1428. Do Pass.

HB

1429. Do Pass.

HB

1430. Do Pass.

HB

1431. Do Pass.

HB

1435. Do Pass.

HB

1436. Do Pass.

HB

1437. Do Pass.

HB

1438. Do Pass.

HB

1439. Do Pass.

HB

1440. Do Pass.

HB

1441. Do Pass.

HB

1443. Do Pass.

HB

1449. Do Pass.

HB

1450. Do Pass.

HR 664-1368. Do Pass.

HR 680-1422. Do Pass.

HR 692-1436. Do Pass.

1122

JOURNAL OP THE HOUSE,

HR 695-1443. Do Pass.

SB

66. Do Pass as Amended.

SB

249. Do Pass.

Respectfully submitted, Clarke of the 33rd District, Chairman.

Mr. Buck of the 84th, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HB

1077. Do Pass.

HR 624-1257. Do Pass.

HB

1182. Do Pass by Substitute.

HB

1226. Do Pass.

HB

1087. Do Pass.

HB

1088. Do Pass.

Respectfully submitted, Buck of the 84th,

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 & Property, has had under con sideration the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HB

1301. Do Pass.

FRIDAY, FEBRUARY 6, 1970

1123

HB

1324. Do Pass.

HB

1325. Do Pass.

HB

1090. Do Pass.

HB

1136. Do Pass.

HR 668-1379. Do Pass.

HR 672-1416. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

Mr. Howell of the 60th, Vice 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 has instructed me to report same back to the House with the following recommendations:
HB 1358. Do Pass. HB 1305. Do Pass. HB 1056. Do Pass as Amended.
Respectfully submitted, Howell of the 60th, Vice 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 consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1032. Do Pass.

1124

JOURNAL OF THE HOUSE,

HB 1274. Do Not Pass. HB 1275. Do Not Pass.

Respectfully submitted, Matthews of the 16th, 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 1093. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Munici pal Court of Savannah, approved April 18, 1969 (Ga. L, 1969, p. 2857), so as to authorize retirement benefits for the judges of said court; to authorize payment of said retirement benefits; and for other purposes.

The following Committee amendment was read and adopted:

Local Affairs Committee moves to amend House Bill 1093 as follows:
By striking in their entirety lines 16 through 30 of Page 1 and lines 1 through 16 of Page 2 and substituting in lieu thereof the fol lowing :
"Section 28-A. Any present or future Judge of the Municipal Court who, at the time of his retirement, shall have served at least twenty years as a Judge of said Court and who has reached the age of 65 years, is hereby entitled to receive, and is hereby granted the right to receive, out of the treasury of Chatham Coun ty a pension equal to one-third of the salary which he is receiving at the termination of his tenure in office; provided that such Judge shall not be eligible to draw the pension herein granted while he is serving as Judge of any other court of record or if he has become eligible to participate in any other pension plan of either the State of Georgia or Chatham County for retired Judges of said Court. The County Commissioners of Chatham County and Ex-Officio Judges thereof are hereby authorized and directed to pay out of county funds of Chatham County the pension herein granted in equal monthly installments.
Should a judge of said Court become mentally or physically incapacitated to carry on effectively the duties of his office after he has served a minimum of five years as a judge of the Court, he shall be entitled, during his incapacity, to receive a pension in

FRIDAY, FEBRUARY 6, 1970

1125

an amount bearing the same percentile relationship to the fore going pension that his tenure in office bears to twenty years; but if his tenure in office exceeds twenty years, the pension pro vided for in this paragraph shall not exceed the amount provided for in the above paragraph. Such disability shall be established in writing by a majority of three competent physicians practicing in Chatham County; one physician shall be selected by said judge; one selected by the County Commissioners of Chatham County; and a third chosen by the two physicians thus selected."

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 113, nays 0.

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

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, Gates of the 95th, Brown of the 110th, Bond of the lllth and Shepherd of the 107th:
A Bill to be entitled an Act to create a racing commission in certain counties of this State for the regulation, licensing, and supervision of dog and horse racing and wagering thereon; to provide for all matters relative to the foregoing; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1186. By Messrs. Nunn of the 41st and Peterson of the 41st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, etc.; so as to provide that after the 1970 general election, in the said city shall be conducted in each odd-numbered year; etc.; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1126

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 1328. By Messrs. Pallin and Bostick of the 63rd: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1366. By Messrs. Caldwell and Smith of the 39th: A Bill to be entitled an Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; 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 113, nays 0.

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

HB 1367. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, as amended, so as to provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 6, 1970

1127

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 113, nays 0.

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

HB 1368. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, as amended, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the 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 113, nays 0.

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

HB 1389. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Winkles of the 96th, Brantley of the 114th and many others:
A Bill to be entitled an Act to amend Sec. 92-6201, Code of Georgia, relating to time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city of more than 400,000 population, and to such cities; 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 113, nays 0.

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

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Carnes of the 104th, Shepherd of the 107th, Winkles of the 96th and many others:
A Bill to be entitled an Act to amend an Act abolishing the fee system

1128

JOURNAL OF THE HOUSE,

in the Superior Court of the Atlanta Judicial Circuit, as amended, so as to change the designations of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attor ney", respectively; 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 113, nays 0.

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

HB 1393. By Messrs. Harris of the 77th, Jordan and Vaughn of the 74th, Westlake and Davis of the 75th and many others:
A Bill to be entitled an Act to provide for and regulate the payment out of the county treasuries of the circuit of official court reporters of the Superior Courts in judicial circuits of this State having therein a county of not less than 250,000 population and not more than 500,000, population according to the 1960 United States Census of any future United States 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1394. 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, Geor gia; 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 113, nays 0.

FRIDAY, FEBRUARY 6, 1970

1129

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

HB 1396. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide for the manner of appointment of members of the Board of the Wayne 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 113, nays 0.

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

HB 1398. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, as amended, so as to change the compensa tion of the mayor and city 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 113, nays 0.

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

HB 1399. By Mr. Douglas of the 42nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the deputy sheriff of said county; 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 113, nays 0.

1130

JOURNAL OF THE HOUSE,

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

HB 1400. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners 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 113, nays 0.

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

HB 1401. 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, 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 113, nays 0.

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

HB 1402. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, Ga., so as to provide for an increase in fines and other punishment for all offenses against the ordinances 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 113, nays 0.

FRIDAY, FEBRUARY 6, 1970

1131

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

HB 1403. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to provide for the disposition and applica tion of insolvent costs from fines and forfeitures arising from traffic cases in the court of ordinary in certain counties; 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 113, nays 0.

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

HB 1404. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, as amended, so as to change the salary of the clerk; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1407. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act providing for the com pensation of the Sheriff and the Clerk of the Superior Court of Liberty County, as amended, so as to change the compensation of the clerk; 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 113, nays 0.

1132

JOURNAL OF THE HOUSE,

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

HB 1408. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Hinesville, as amended, so as to change the salary of the Solicitor 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1409. By Mr. Jones of the 59th: A Bill to be entitled an Act to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1410. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act establishing the City Court of Hinesville, as amended, so as to change the salary 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.
On the passage of the Bill, the ayes were 113, nays 0.

FRIDAY, FEBRUARY 6, 1970

1133

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

HB 1411. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act supplementing the fees of the Ordinary of Liberty County, as amended, so as to change such supplemental 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 113, nays 0.

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

HB 1412, By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Liberty County, as amended, so as to change the compensation of the Tax 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 113, nays 0.

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

HB 1413. By Messrs. Harris of the 77th, Adams of the 100th, Carnes of the 104th, Lane of the 101st, Shepherd of the 107th and many others:
A Bill to be entitled an Act to amend an Act applying to counties hav ing a population of not less than 300,000 by the last or any future decennial census and directing the county commissioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; 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.

1134

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 1414. By Messrs. Westlake and Davis of the 75th, Harris of the 77th, Levitas of the 77th and many others:
A Bill to be entitled an Act to amend Code Section 92-6201, relating to the time for making tax returns, as amended, so as to provide that the tax commissioner of any county of this State having a population of not less than 250,000 nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; 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 113, nays 0.

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

HB 1415. By Messrs. Westlake and Davis of the 75th, Harris of the 77th, Thomason of the 77th, Geisinger of the 72nd and many others: A Bill to be entitled an Act to repeal an Act entitled "Revision and Completion of Tax Assessments 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1417. By Messrs. Snow and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; to increase the limit for purchases which

FRIDAY, FEBRUARY 6, 1970

1135

may be made without advertisement and competitive bids; 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 113, nays 0.

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

HB 1418. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, as amended, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, the tax collector, the ordinary, and the coroner; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1419. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff of Chattahoo chee 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1136

JOURNAL OF THE HOUSE,

HB 1420. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act repealing an Act creating a commissioner of roads and revenues for McDuffie County and creat ing a three member board of commissioners of roads and revenues for McDuffie County; so as to change the compensation of the chairman and members 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 113, nays 0.

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

HB 1422. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize and empower the board of county commissioners in certain counties of this State to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admission to places of amusement, sport or entertainment; 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 113, nays 0.

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

HB 1424. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Sylvester, so as to authorize said city to extend its electric-power lines, etc. beyond 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 113, nays 0.

FRIDAY, FEBRUARY 6, 1970

1137

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

HB 1425. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax 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 113, nays 0.

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

HB 1426. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine and forfeiture fund 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 113, nays 0.

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

HB 1428. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to create a new board of education of Coffee County; to provide for the membership 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 113, nays 0.

1138

JOURNAL OP THE HOUSE,

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

HB 1429. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, as amended, so as to change the provisions relating to the election of the mayor and aldermen; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board; etc; so as to provide that the members of the Advisory Board shall be elected by the voters of the whole 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum allotted to the sheriff for the purpose of feeding prisoners; and for other purposes.

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

FRIDAY, FEBRUARY 6, 1970

1139

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 1435. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Glennville, as amended, so as to change the cor porate 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 113, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A Bill to be entitled an Act to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; 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 113, nays 0.

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

HB 1437. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create and establish the FolkstonCharlton County Airport Authority; and for other purposes.

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

1140

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 1438. By Mr. Harrison of the 66th: A Bill to be entitled an Act to provide for the election of the members of the board of education of Charlton County; to provide for a referen dum; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1439. By Mr. Harrison of the 66th: A Bill to be entitled an Act creating a Board of Commissioners of Charlton County, as amended, so as to change the number of Com missioners; 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1440. 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 the tax com missioner of Camden County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 6, 1970

1141

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 1441. By Mr. Harrison of the 66th:

A Bill to be entitled an Act to amend an Act placing the sheriff of

Brantley County upon an annual salary; so as to provide that it shall

be within the sole discretion of the sheriff as to who will be appointed

;

deputy 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1443. By Messrs. Wilson, McDaniell, Housley, Henderson, Atherton, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judi cial Circuit, as amended, so as to change the maximum compensation which may be paid to assistant district attorneys; 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 113, nays 0.

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

HB 1449. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Thomas County, Georgia, on a salary basis of compensation in lieu of the fee system, as amended, so as to change the compensation of the sheriff; and for other purposes.

1142

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 113, nays 0.

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

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to provide that the City general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; 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 113, nays 0.

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

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.

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 113, nays 0.

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

SB 66. By Senators Johnson of the 38th, Hardy of the 56th, Coggin of the 35th and many others:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure connected with the pay ment thereof; to provide an effective date; and for other purposes.

FRIDAY, FEBRUARY 6, 1970

1143

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend SB 66 as follows:
By striking Section 1 in its entirety, and inserting in lieu thereof the following:
"Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1960 United States Census, or any future census, shall be $20,000.00. Said salary shall be payable in equal monthly install ments out of the treasuries of such counties."
By striking Section 2 in its entirety, and inserting in lieu thereof the following:
"Section 2. This Act shall become effective on July 1, 1970.

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

On the passage of the Bill, as amended, the ayes were 113, nays 0.

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

HR 664-1368. By Messrs. Caldwell and Smith of the 39th:
A RESOLUTION
To amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson, to provide the powers and duties of such joint board of tax assessors, to require that all taxable property in said city and county be returned for taxation to the Tax Commissioner of Upson County and the taxes due thereon paid to said Tax Commissioner, to fix the time for making such returns and paying said taxes, and the manner of enforcement of said taxes, to provide the manner of paying the ex penses incurred in such assessment and collection, to authorize the use of joint tax forms and digest; to provide for the submission of the proposed amendment for ratification or rejection; and other purposes.
Be it resolved by the General Assembly of Georgia, and it is hereby resolved by virtue of the authority thereof:

1144

JOURNAL OP THE HOUSE,

Section 1. Article XI, Section I, Paragraph VI of the Constitu tion of the State of Georgia is hereby amended by adding thereto the following:

"A. The General Assembly of Georgia shall have the power by general or special laws to:

"(1) Consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson, and to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, the method of ap pointment and of filling vacancies, and for the removal and remuner ation of said members, and

"(2) Authorize said joint board to assess all taxable real and personal property in said county and city for taxation by either the County of Upson for state, county, school or other ad valorem taxes or by the City of Thomaston for all purposes which may now or hereafter be authorized by law, and

"(3) Require that all property taxable by either said city or county be returned for taxation to the Tax Commissioner of Upson County, Georgia, and that the taxes due thereon to either said city or county be paid to and collected by the Tax Commissioner of Up son County, Georgia, and to fix the time for making such returns and paying said taxes, and

"(4) To provide the manner of enforcing the collection of said city, state, county, school and other ad valorem taxes, and

"(5) Authorize or direct appropriations by said city or county, or both, or provide otherwise, for the support of said joint board of tax assessors, and

"(6) Fix the amount of compensation to be paid by the City of Thomaston to the Board of Commissioners of Roads and Revenue of Upson County, Georgia, as said city's share of the expenses in curred in the operation of the office of said Tax Commissioner and to fix the amount of compensation to be paid by said city to said Tax Commissioner for his services in receiving and collect ing said city's taxes, including motor vehicle ad valorem taxes, and

"(7) To authorize the Tax Commissioner of Upson County, Georgia, to prepare and use joint city and county tax forms and digests.

"B. Nothing contained in this amendment shall be construed to apply to corporations or persons now required by law to return their property to the State Revenue Commissioner for ad valorem taxation.
"C. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1970. Any Act

FRIDAY, FEBRUARY 6, 1970

1145

passed after January 1, 1970, germane to the subject matter of this amendment, whether it be a general or special law or a city charter amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General As sembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more of said functions, which law or laws may be passed prior to the submission of this amendment for ratification."

Section 2. Be it further resolved that when this amendment 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 the journals of each branch with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and sub mitted as is provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said paragraph of said Constitution.

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

"For ratification of amendment to Article XI, Section I, Para graph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Comjmissioner."

"Against ratification of amendment to Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax Assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Up son County and the city and county taxes due thereon paid to said Tax Commissioner."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all per sons 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 said 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

1146

JOURNAL OP THE HOUSE,

be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue a 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 Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Burruss Busbee Caldwell Carnes Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon

Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Housley Howell 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. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin 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. Pinks ton Poole Potts Reaves Roach Ross Rush Salem Scarborough Scarlett Shanahan

FRIDAY, FEBRUARY 6, 1970

1147

Shepherd Simkins Simmons Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend

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

Those not voting were Messrs.:

Alexander Berry Bond Brantley, H. H. Brooks Brown, B. D. Buck Conner Cook Daugherty Dean, J. E. Fallin Felton

Floyd, J. H. Gary Griffin Hale Hamilton Hill, B. L. Horton Keen Knapp Maxwell McClatchey McCracken Milford

Moate Phillips, G. S. Pickard Rainey Rowland Russell Sherman Smith, V. T. Snow Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 157, nays 0.

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

HR 680-1422. By Mr. Knowles of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County; to provide 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

1148

JOURNAL OF THE HOUSE,

"The General Assembly is authorized to empower the Board of Commissioners of Henry County with the right and power, for regulatory and revenue purposes, to levy, assess, and collect a nominal license fee from any persons, firms or corporations, ex cept those subject to regulation by the State Public Service Com mission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Henry County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Henry County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution 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 autho rize the General Assembly to empower the Board of
NO ( ) Commissioners of Henry County to license and regu late businesses in the unincorporated areas of Henry County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 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, J. A. Bell Bennett

Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Burruss Busbee Caldwell Carries Cates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Gunter

FRIDAY, FEBRUARY 6, 1970

1149

Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Housley Howel 1 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. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin 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 Poole Potts Reaves Roach Ross Rush Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons
Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Alexander Berry

Bond Brantley, H. H.

Brooks Brown, B. D.

1150
Buck Conner Cook Daugherty Dean, J. E. Fallin Felton Floyd, J. H. Gary Griffin Hale

JOURNAL OF THE HOUSE,

Hamilton Hill, B. L. Horton Keen Knapp Maxwell McClatchey McCracken Milford Moate Phillips, G. S.

Pickard Rainey Rowland Russell Sherman Smith, V. T. Snow Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 157, nays 0.

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

HR 692-1436. By Messrs. Bohannon and Patterson of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the Gen eral Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its ac tivities and affairs within Carroll County; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section IX, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to create within Carorll County a vocational technical school system and to create a Board of Education to administer its affairs. The General As sembly shall be authorized to provide for the composition, powers, duties and responsibilities of said Board. The General Assembly may authorize the levying of a tax on the taxable property located within Carroll County to be used to support the activities, affairs and functions of said school system. The General Assembly shall be authorized to provide for any necessary matters connected with the foregoing."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

FRIDAY, FEBRUARY 6, 1970

1151

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 create within Carroll
NO ( ) County a vocational technical school system and to authorize the levying of a tax to support its activi ties and affairs within Carroll County?"

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

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

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 Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Burruss Busbee Caldwell Games Gates Chandler Clarke Cole

Collier Collins, M. Collins, S. Colwell Conger Connell Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer

Farrar Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Housley Howell Hudson

1152

JOURNAL OF THE HOUSE,

Hutchinson Johnson Joiner Jones, C. M. 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 Le vitas Lewis Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin 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 Poole Potts Reaves Roach Ross Rush

Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles
Townsend Vaughn Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams
Wilson Wood

Those not voting were Messrs.:

Alexander Berry Bond Brantley, H. H. Brooks, G. Brown, B. D. Buck Conner Cook Daugherty Dean, J. E. Fallin Felton

Floyd, J. H. Gary Griffin Hale Hamilton Hill, B. L. Horton Keen Knapp Maxwell McClatchey McCracken Milford

Moate Phillips, G. S. Pickard Rainey Rowland Russell Sherman Smith, V. T. Snow Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 157, nays 0.

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

FRIDAY, FEBRUARY 6, 1970

1153

HR 695-1443. By Messrs. Westlake, Davis, Higginbotham and Floyd of the 75th, Morris and Bell of the 73rd, Harris, Farrar, and Thomason of the 77th and others:

A RESOLUTION

Creating the DeKalb County Retirement System Study Commis sion; and for other purposes.

WHEREAS, proposals have been presented to members of the General Assembly representing DeKalb County which would make major changes in the retirement system of said county; and

WHEREAS, such proposals and other matters relative to said re tirement system should be given thorough study and consideration.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the DeKalb County Retirement System Study Commission to be composed of eleven members as follows:

(a) Four members of the House of Representatives to be ap pointed by the Speaker of the House, such members to be members of the DeKalb County delegation of the House with one member being appointed from each of the four Senatorial Districts of DeKalb County.

(b) The four Senators representing DeKalb County, that is, the Senators from Senatorial Districts 41, 42, 43 and 55.

(c) One resident of DeKalb County to be appointed by the Board of Commissioners of DeKalb County.

(d) The Chief of the DeKalb County Police Department or a member of said Department designed by said Chief.

(e) The Chief of the DeKalb County Fire Department or a mem ber of said Department designated by said chief.

BE IT FURTHER RESOLVED that said Commission shall make

a thorough study of the DeKalb County retirement system and the pro

posals to change said system and submit its conclusions and recommenda-

'

tions to all members of the DeKalb County delegation to the General

Assembly, the governing authority of DeKalb County, and to such

other interested persons as the Commission shall determine. Said con

clusions and recommendations shall be submitted, as herein provided,

on or before December 1, 1970, on which date the Commission shall

stand abolished.

BE IT FURTHER RESOLVED that all members of the Commis sion shall serve without compensation, but a sufficient amount of funds derived by DeKalb County from sources other than ad valorem taxes

1154

JOURNAL OP THE HOUSE,

is hereby appointed for the purpose of paying the expenses of the Commission in carrying out its duties and responsibilities as provided in this Resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall transmit an appropriate copy of this Resolution to the governing authority of DeKalb County and to the chiefs of the DeKalb County Police and Fire Departments.

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 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of judges, solicitors, ordinaries and other officers of the courts of said counties; 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 113, 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 Bills of the House, to-wit:

FRIDAY, FEBRUARY 6, 1970.

1155

HB 28. By Messrs, Rowland and Douglas of the 42nd and Hudson of the 48th:
A Bill to amend Code Section 40-2002, relating to the mileage allow ance for State officials and employees, so as to increase said allow ance; and for other purposes.

HB 1041. By Mr. Melton of the 32nd:
A Bill to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional provisions relative there to; and for other purposes.

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A Bill to amend Code Section 21-105, relating to fees paid coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

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

HB 1123. By Mr. Rush of the 51st:
A Bill to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms and re moval of jury commissioners," so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 357. By Senator Hensley of the 33rd:
A Bill to amend an Act approved Feb. 7, 1950, to create the office of State Highway Board, and Treasurer of the State Highway Depart ment so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment, and for other purposes.

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

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Funk of the 92nd, and others:
A Bill to amend Code Title 91, relating to public property, so as to

1156

JOURNAL OF THE HOUSE,

provide for the inventorying of real property owned by the State and certain public corporations, etc., to provide for all matters connected with the foregoing; and for other purposes.

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th and others:
A Bill known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit system; to define urban transit systems under the terms hereof; and for other purposes.

HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st:
A Bill to amend the Act of the General Assembly of Georgia re-enact ing the charter of the City of Macon; and for other purposes.

HB 1134. By Mr. Egan of the 116th:
A Bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to authorize the State Board of Education to open up its student honors program to pupils of private high schools of this State; and for other purposes.

HB 1239. By Mr. Funk of the 92nd:
A Bill to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, so as to change the provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; and for other purposes.

HB 1257. By Messrs. Pickard, Buck, and Jones of the 84th, Berry and Thomp son of the 85th and others:
A Bill to amend an amendment to the Constitution of the State of Georgia creating the Columbus and Muscogee County Building Com mission, so that said Commission shall hereafter be known as the "Co lumbus & Muscogee County Building Authority"; and for other purposes.

HB 1283. By Mr. Phillips of the 50th:
A Bill to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system of compensation, so as to change the compensation of the sheriff and his deputy, and to change his car allowance; and for other purposes.

FRIDAY, FEBRUARY 6, 1970

1157

HB 1299. By Messrs. Keyton and Russell of the 70th:
A Bill to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month; and for other purposes.

SB 412. By Senator Kidd of the 25th:
A Bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt,; or by other methods of encumbrance; and for other purposes.

SB 425. By Senators Tysinger of the 41st, Reeder of the 55th, Walling of the 42nd, and Miller of the 43rd:
A Bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.

SB 427. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st, and others:
A Bill to amend Code Section 87-201, relating to the notice of elections held by counties, municipalities or divisions on the issue of bonds, as amended, so as to change the time for holding such elections in certain counties; to repeal conflicting laws; and for other purposes.

SB 428. By Senator Rowan of the 8th:
A Bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purpose of compensating his employees; to repeal conflicting laws; and for other purposes.

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

SR 235. By Senator Broun of the 46th:
A Resolution proposing an amendment to the Constitution so as to re move therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County school system shall not be subject to the homestead exemption; and for other purposes.

1158

JOURNAL OF THE HOUSE,

SR 245. By Senator Dean of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the method of selecting the legal organ of Wayne County; and for other purposes.

SR 254. By Senator Coggin of the 35th:
A Resolution creating the Legislative Building Study Committee; and for other purposes.

SR 255. By Senator Coggin of the 35th:
A Resolution recreating the Metropolitan Atlanta Airport System 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 545-1101. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th, and others:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.

HR 618-1246. By Messrs. Brown and Melton of the 32nd:
A Resolution proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend Such salary increases as are thought to be necessary or desirable; and for other purposes.

HR 639-1288. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to create the LaGrange-Troup County school system by merging the exist ing independent school system of the City of LaGrange and the existing school system of Troup County, and for other purposes.

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

FRIDAY, FEBRUARY 6, 1970.

1159

SR 244. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property lo cated within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College, 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:

SB 412. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act providing for a Board of Trustees of Georgia Military College, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt, or by other methods of encumbrance; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 425. By Senators Tysinger of the 41st, Reeder of the 55th, Walling of the 42nd, and Miller of the 43rd:
A Bill to be entitled an Act to amend an Act known as the "Junior College Act of 1958", so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.
Referred to the Committee on University System of Georgia.

SB 427. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st, and others:
A Bill to be entitled an Act to amend Code Section 87-201, relating to the notice of elections held by counties, municipalities or divisions on the issue of bonds, so as to change the time for holding such elec tions in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

SB 428. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the pur pose of compensating his employees; and for other purposes.
Referred to the Committee on Local Affairs.

1160

JOURNAL OF THE HOUSE,

SR 235. By Senator Broun of the 46th:
A Resolution proposing an amendment to the Constitution so as to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemption; and for other purposes.
Referred to the Committee on Local Affairs.

SR 244. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property lo cated within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 245. By Senator Dean of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the method of selecting the legal organ of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.

SR 254. By Senator Coggin of the 35th:
A Resolution creating the Legislative Building Study Committee; and for other purposes.
Referred to the Committee on Rules.

SR 255. By Senator Coggin of the 35th:
A Resolution recreating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.
Referred to the Committee on Industry.

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, February 6, 1970, and submits the following:

FRIDAY, FEBRUARY 6, 1970

1161

HB

179. Attorney General, Compensation.

HB

191. Public Service Commission, salary.

HB

214. State Auditor, salary and expenses.

HB

282. Motor Vehicles, exhaust system.

HB

327. Hearing aid dealers, State Board.

HB

348. Driver's licenses, revocation, suspension.

HB

695. Fire Departments, employees, settlement of disputes.

HB

867. Courts, organizaiton, jurisdiction.

HB

921. Statehouse officers, departments.

HB

1071. Wrecker trucks, sweep or clean streets.

HB

1114. Poultry processing plants, licensing.

HR 555-1121. Local control of Public Education.

HB

1145. Urban Development accept factory built housing.

HB

1206. Judges Emeritus, Serve Other Court.

HB

1240. Motor carriers, poultry transportation.

HB

1287. Eyeglasses, lens, certain material.

HB

1304. Elections, primaries, conduct--postponed.

HB

1340. Local School system, pupil-teacher ratio.

HR 658-1345. Local Boards of Education, tax.

HB

1346. Sales Tax, exempt Fish Food.

HB

1361. Elections, Voter Registrations.

HB

1363. G.B.I. State Legislative Intent.

HB

1390. Fulton County, Record Keeping.

SB

86. Eminent domain, draw 75% of awards.

SB

312. Workmen's Compensation, Merit System.

SB

319. Common trust funds, securities valuation.

SB

334. Insurance Policies, Mental Illness, Hospital.

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, Chairman.

1162

JOURNAL OF THE HOUSE,

Mr. Levitas of the 77th moved that the following Resolution of the House be withdrawn from the Committee on Ways and Means and referred to the Committee on Judiciary:

HR 707-1471. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemp tions are claimed by one or more owner, heirs or cestui que uses who reside on such property; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

The motion prevailed and HR 707-1471 was withdrawn from the Committee on Ways and Means and referred to the Committee on Judiciary.

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

HB 1041. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional pro visions relative thereto; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend House Bill 1041 by adding the following:
By adding in Section 13, line 3 of Section 13, after the word "ex ceeding" and before the phrase "ten per centum (10%)" the following:
"in the aggregate"

Mr. Melton of the 32nd moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 100, nays 0.

The Senate amendment to HB 1041 was agreed to.

FRIDAY, FEBRUARY 6, 1970.

1163

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

HB 1123. By Mr. Rush of the 51st:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend Code section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 etc.; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to repeal an Act entitled "An Act to amend Code section 59-101 relating to the appointment, numbering, qualifica tions, terms and removal of jury commissioners, as amended, so as to pro vide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for let ting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes.", approved January 29, 1962 (Ga. Laws 1962, p. 6) ; to provide for the appointment of jury revisors and for the revision of jury lists within the counties affected by said Act; 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 entitled "An Act to amend Code section 59-101 relating to the appointment, numbering, qualifications, terms and re moval of jury commissioners, as amended, so as to provide for the ap pointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for letting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes.", is hereby repealed in its entirety; provided, however, that the judge of the superior court of any county affected by the Act re pealed by this Act is hereby authorized to appoint immediately jury revisors for such county and shall be further authorized to order a revision of the jury list of such county within ten days after the ef fective date of this Act.

1164

JOURNAL OP THE HOUSE,

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.

Mr. Rush of the 51st moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 100, nays 0.

The Senate substitute to HB 1123 was agreed to.

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

HB 1071. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his re moving any wrecked automobile from the scene of an accident; and for other purposes.

The following amendment was read and adopted:
Mr. Paris of the 14th moves to amend HB 1071 by striking the word "accordingly" on line 17 and adding after the word "punished" the words "by a fine not to exceed $100.00".

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 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 334. By Senator Adams of the 26th: A Bill to be entitled an Act to amend Title 56 of the Code of Georgia,

FRIDAY, FEBRUARY 6, 1970

1165

relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness insurance provide benefits for hospital care, there may be included care rendered on account of mental illnesses when rendered by duly licensed psychiatric hospitals; 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 1361. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", as amended, so as to change the provisions relating to different voter registration requirements and voting pro cedures in regard to elections for presidential electors and vice presi dential electors and for the governor and lieutenant governor for cer tain electors; 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 Bennett Black Bostick Bowen Brantley, H. L. Bray Brown, B. D. Buck

Burruss Busbee Games Gates Chandler Cole Collier Col well Conger Connell Conner Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin

1166
Farmer Farrar Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Holder Hood Horton Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knowles

JOURNAL OF THE HOUSE,

Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Miller Moate Morris Mullinax Murphy Nash Nessmith
Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters

Peterson Phillips, L. L. Phillips, W. R. Poole Potts Reaves
Roach Ross Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Townsend Ware Westlake Wheeler, J. A. Wilkerson Winkles Williams Wood

Those not voting were Messrs.:

Anderson Bell Berry Blalock Bohannon Bond Brantley, H. H. Brooks Brown, C. Caldwell Clarke Collins, M. Collins, S. Cook
Dixon
Dodson
Felton
Funk
Gary

Grahl Hale Higginbotham Hill, B. L. Hill, G. Housley Howell Hudson Johnson Keyton Knapp Lane, W. J. Lewis Longino
Matthews, C.
Matthews, D. R.
McCracken
Merritt
Moore

Patterson Phillips, G. S. Pickard Pinkston Rainey Rowland Rush Russell Simkins Snow Sweat Vaughn Wamble Whaley
Wheeler, Bobby
Wilson
Mr. Speaker

FRIDAY, FEBRUARY 6, 1970.

1167

On the passage of the Bill, the ayes were 140, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 319. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved Mar. 20, 1943, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust in stitutions to deliver money securities not readily saleable at the market price to provide for the valuation of such securities; 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 104, nays 0.

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

SB 312. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act, creating the State Board of Workmen's Compensation, approved Feb. 8, 1943 (Ga. L. 1943, p. 167), as amended, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit Sys tem; to provide for certain exemptions, etc.; 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 State Board of Workmen's Compensation, approved February 8, 1943 (Ga. Laws 1943, p. 167), as amended, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit Sys tem; to provide for certain exemptions; to provide for other matters relative thereto; to provide for the repeal of specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

1168

JOURNAL OF THE HOUSE,

Section 1. An Act creating the State Board of Workmen's Com pensation, approved February 8, 1943 (Ga. Laws 1943, p. 167), as amended, is hereby amended by striking the last sentence of Section 3 of said original 1943 Act and inserting in lieu thereof the following:

"All officials, personnel and employees of the State Board of Workmen's Compensation are hereby placed under the State Merit System and shall be subject to the laws and rules and regulations relative to said System. Provided, however, that except for com pensation, such laws and rules and regulations shall not apply to the Members of the Board, the Deputies and the Secretary-Trea surer, whose method of appointment, removal and terms of of fice shall remain as now provided by law."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved January 30, 1946 (Ga. Laws 1946, p. 28), is hereby repealed in its entirety. An Act re lating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 3, 1950 (Ga. Laws 1950, p. 72), is hereby repealed in its entirety. None of the Acts repealed by the afore said 1950 Act shall be revived by the repeal of said 1950 Act. An Act relating to the Chairman and Members of the State Board of Work men's Compensation, approved February 28, 1956 (Ga. Laws 1956, p. 367), is hereby repealed in its entirety. An Act relating to the Chair man and Members of the State Board of Workmen's Compensation, ap proved March 16, 1960 (Ga. Laws 1960, p. 812), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 16, 1962 (Ga. Laws 1962, p. 94), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Com pensation, approved February 10, 1966 (Ga. Laws 1966, p. 17), is hereby repealed in its entirety.

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 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, FEBRUARY 6, 1970

1169

HB 921. By Mr. Jones of the 84th:
A Bill to be entitled an Act to repeal an Act requiring all statehouse 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, approved Aug. 17, 1912 (Ga. L. 1912, p. 109), as amended; 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 1114. By Messrs. Cooper of the llth, Matthews of the 63rd and Wood of the llth:
A Bill to be entitled an Act to amend an Act regulating the sanitary conditions of the meat, poultry and dairy processing plants, approved Mar. 9, 1956 (Ga. L. 1956, p. 748), as amended, so as to change the licensing requirements for poultry processing plants; 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 an Act regulating the sanitary con ditions of meat, poultry and dairy processing plants, approved March 9, 1956 (Ga. Laws 1956, p. 748), as amended, so as to change the licensing requirements for poultry processing plants; to provide for automatic re vocation of licenses under certain conditions; to provide that all licensees not covered under the provisions of the United States Department of Agriculture poultry inspection program shall register annually with the Commissioner of Agriculture; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act regulating the sanitary conditions of meat, poultry and dairy processing plants, approved March 9, 1956 (Ga. Laws 1956, p. 748), as amended, is hereby amended by adding a new Section between Section 5 and Section 6 to be designated Section 5A to read as follows:

1170

JOURNAL OF THE HOUSE,

"Section 5A. To assure the protection of the consuming pub lic, no person shall operate a poultry processing plant in this State without having first obtained a license from the Commissioner. The fee for such license shall be fixed by the Commissioner of Agriculture in an amount not to exceed $10.00. The license shall be conspicuously displayed in each place of business. The license shall not be transferable. The license of any person who ceases operations for a period of 90 days or more shall automatically be revoked. Any such license may be revoked or suspended by the Commissioner for the violation of the provisions of this Act or rules and regulations or sanitary standards and specifications adopted pursuant hereto. The Commissioner shall notify the licensee the reasons why he intends to revoke or suspend the license and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given. All licensees who op erate a poultry processing plant in this State which is not covered under the provisions of the United States Department of Agricul ture poultry inspection program shall register with the Commis sioner of Agriculture on or before January 1 of each year at no cost to the licensee."

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 105, nays 1.

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

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt fish feed from the taxes imposed by said Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 6, 1970.

1171

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

Those voting in the affirmative were Messrs.

Anderson Atherton Ballard Barber Barfield Bennett Black Bostick Bowen Brantley, H. L. Burruss Caldwell Carnes Gates Chandler Clarke Cole Collins, M. Colwell Conger Connell Cook Dailey Davis, E. T. Dent Dixon Dorminy Ezzard Fallin Farrar Funk Graves

Griffin Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hill, G. Housley Howell Hutchinson Johnson Jones, C. M. Jordan, H. S. Keyton Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Merritt Miles Milford Moate

Mullinax Murphy Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Poole Potts Reaves Ross Rush Russell Salem Sherman Sims
Smith, V. T. Sweat Thomason
Thompson, A. W. Thompson, R. Toles Wamble Wheeler, J. A. Wilkerson Williams
Wood

Those voting in the negative were Messrs.

Alexander Battle Bohannon Collins, S. Davis, W. Dean, J. E. DeLong
Edwards
Farmer
Floyd, L. R.
Gaynor
Geisinger

Gignilliat Hawes Henderson Hood Horton Keen Lane, Dick
Lee, W. S.
Mason
Maxwell
McClatchey
McDaniell

Nash Phillips, W. R. Pinkston Roach Scarborough Shanahan Simkins
Sorrells
Westlake
Whaley
Winkles
Wilson

1172

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams Bell Berry Blalock Bond Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Busbee Collier Conner Cooper Crowe Daugherty Dean, N. Dickinson Dodson Douglas Egan

Ellis Evans Pelton Floyd, J. H. Gary Grahl Hale Hamilton Hargrett Harris, R. W. Higginbotham Hill, B. L. Holder Hudson Joiner Jones, Herb Jones, M. Jordan, G. Knapp Knowles McCracken Melton

Miller Moore Morris Odom Pafford Patterson Peters Pickard Rainey Rowland Scarlett Shepherd Simmons Smith, J. R. Snow Townsend Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 95, nays 36.
The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Pafford of the 64th stated that he had been called from the floor of the House when the roll was called on HB 1346, and wished to be recorded as voting "aye".

Mr. Reaves of the 71st 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 1346.
HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th, Busbee of the 61st, Jones of the 59th, Sorrells of the 24th, Vaughn of the 74th and Hale of the 1st: A Bill to be entitled an Act reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.

FRIDAY, FEBRUARY 6, 1970

1173

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 131), an Act approved March 4, 1966 (Ga. L. 1966, p. 165), and an Act approved March 17, 1967 (Ga. L. 1967, p. 101), so as to increase the compensation of the Attorney General; 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 reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, partic ularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 131), an Act approved March 4, 1966 (Ga. L. 1966, p. 165), and an Act approved March 17, 1967 (Ga. L. 1967, p. 101), is hereby amended by striking from Section 2 (a) the words and figures "twenty six thousand dollars ($26,000.00)" and inserting in lieu thereof the words and figures "Thirty Thousand Dollars ($30,000.00)" so that, when so amended, said Section 2(a) shall read as follows:
"Section 2(a). The Attorney General shall be compensated in the amount of Thirty Thousand Dollars ($30,000.00) per annum, payable in semi-monthly installments, with an additional amount of eight hundred dollars ($800.00) per annum for each four (4) years of State service with a branch or department of State Government, up to a maximum of 20 years service, financed by appropriations payable through the State Treasury, figured at the beginning of each such period of State service. The salary provided herein shall be cumulative of and in lieu of all other salaries, fees, compensation, allowances and perquisities of such office of every nature and including services performed by him on all boards, commissions and agencies of the State government to which he shall belong or serve by virtue of his office. He shall be entitled to reimbursement for actual transportation cost while traveling by public carrier and the legal mileage rate for the itemized official use of a personal automobile, together with the actual cost of meals and lodging while away from his office on official State business."
Section 2. The provisions of this Act shall become effective on the first day of January, 1971.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

1174

JOURNAL OP THE HOUSE,

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 Barber Barfield Bennett Black Bowen Brooks Buck Busbee Caldwell Carnes Clarke Collier Colwell Conger Cook Dailey Davis, E. T. Dean, J. E. Dean, N. Dixon Dodson Dorminy Douglas Evans Farmer Farrar Felton Funk Gaynor Geisinger Gignilliat Grahl

Graves Griffin Gunter Hamilton Hargrett Harrington Harris, J. R. Harrison Hawes Henderson Holder Hood Horton Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knowles Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Matthews, C. Matthews, D. R. Maxwell McClatchey Miles

Miller Moate Morris Murphy Nessmith Northcutt Nunn Odom Paris Parker, C. A. Peters Peterson Pickard Pinkston Poole Reaves Roach Salem Scarborough Scarlett Sherman Simkins Sims Smith, V. T. Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wheeler, J. A. Winkles

Those voting in the negative were Messrs.

Atherton Ballard Bohannon Cole Collins, S. Davis, W. DeLong Dickinson Edwards Ezzard

Floyd, J. H. Floyd, L. R. Harris, J. F. Higginbotham Lane, W. J. Leonard Mason Mauldin McDaniell Milford

Pafford Phillips, L. L. Phillips, W. R. Ross Rush Simmons Westlake Whaley Wilkerson Wood

FRIDAY, FEBRUARY 6, 1970.

1175

Those not voting were Messrs.:

Adams Anderson Battle Bell Berry Blalock Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Gates Chandler Collins, M. Connell Conner Cooper Crowe Daugherty

Dent Egan Ellis Fallin Gary Hadaway Hale Harris, R. W. Hill, B. L. Hill, G. Housley Howell Johnson Joiner Jones, C. M. Keyton Knapp Lane, Dick Longino Marcus McCracken Melton

Merritt Moore Mullinax Nash Parker, H. W. Patterson Phillips, G. S. Potts Rainey Rowland Russell Shanahan Shepherd Smith, J. R. Snow Townsend Wamble Ware Wheeler, Bobby Williams Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 99, nays 30.

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

Mr. Harris of the 77th moved that HB 179, by substitute, be immediately transmitted to the Senate.

The motion prevailed and HB 179 by substitute, was ordered immediately transmitted to the Senate.

Messrs. Egan of the 116th, Townsend of the 115th and Johnson of the 29th each stated that he had been called from the floor of the House when the roll was called on HB 179, by substitute, and wished to be recorded as voting "aye".

HB 327. By Messrs. Smith of the 3rd and Horton of the 95th:
A Bill to be entitled an Act to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; and for other purposes.

1176

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Smith of the 3rd moves to amend HB 327 as follows:

By striking from Section 2, Paragraph B, the figure "1969" where it appears in three places, and substituting in lieu thereof the figure "1970" in said three places.

By striking from Section 14, Paragraph C, the figure "1969" and substituting in lieu thereof the figure "1970".

By striking from Section 23 wherever the same shall appear the figure "1969" and substituting in lieu thereof the figure "1970", and by striking the figure "1970" where it appears in the last sentence of the first paragraph of said Section, and substituting in lieu thereof the figure "1971".

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 106, nays 0.

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

HB 1240. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend HB 1240 by adding after the word "peaches" on line 26 the words "or poultry and processed poultry".

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 1.

FRIDAY, FEBRUARY 6, 1970

1177

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

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, (Saturday, February 7, 1970), and the motion pre vailed.

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

1178

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Saturday, February 7, 1970.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Acting Speaker, Mr. Lee of the 21st.

The following prayer was offered by Rev. L. G. Gilstrap, Pastor, Murrayville Assembly of God, Murrayville, Georgia:
Our Heavenly Father;
We are weak; we need Your help to make us strong. We are often undecided; we need Your wisdom to help us think clearly. Help our eyes to see the needs around us and give us hearts to respond to those needs. Let love and mercy and patience replace hatred, intemperance and sin in our hearts.
In Jesus' Name,
Amen.

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

Mr. Hill of the 94th, Acting Chairman of the Committee on Auiditing, 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.

SATURDAY, FEBRUARY 7, 1970

1179

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

HB 1500. By Messrs. Leonard and Cole of the 3rd:
A Bill to be entitled an Act to amend an Act creating the commissioner of Murray County, so as to change the compensation and expense allowance of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1501. By Messrs. Leonard and Cole of the 3rd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers and the manner and method of compensating their employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1502. By Mr. Colwell of the 5th: A Bill to be entitled an Act to create the Union County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1503. By Mr. Colwell of the 5th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1504. By Mr. McClatchey of the 113th: A Bill to be entitled an Act to amend Georgia Laws 1957 Pages 134, 150 as amended known as the Georgia Securities Law (Georgia Code 1933, Title 97) "Securities" as amended by Georgia Laws 1963, Pages 557, 560, so as to provide that the exemption regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve months basis; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1505. By Mr. Dorminy of the 48th: A Bill to be entitled an Act to amend Code Chapter 32-9, relating to county boards of education, so as to authorize the board of education

1180

JOURNAL OP THE HOUSE,

to regulate the admission and attendance of students of 19 years old or older; and for other purposes.
Referred to the Committee on Education.

HB 1506, By Mr. Dickinson of the 118th:
A Bill to be entitled an Act to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.
Referred to the Committee on Judiciary.

HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th, Sherman and DeLong of the 80th:
A Bill to be entitled an Act to authorize the coroners of certain counties to appoint assistants; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1508. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1509. By Mr. Scarlett of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to authorize the members of the Uniform Division of the Department of Public Safety to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; and for other purposes.
Referred to the Committee on State of Republic.

HR 724-1509. By Mr. Carnes of the 104th:
A Resolution compensating Mr. Warren A. Presley; and for other pur poses.
Referred to the Committee on Appropriations.

SATURDAY, FEBRUARY 7, 1970

1181

HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating to the compensation of the assistants for the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the Deputy Clerk, the Docket Clerk, and typist; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Bulloch County, so as to change the compensation of the clerical employee; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1513. By Messrs. Lane, Nessmith and Parker of the 44th: A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the additional compensation of the Jailer to cover meals; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1514. By Messrs. Lane, Nessmith and Parker of the 44th: A Bill to be entitled an Act to amend an Act to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the clerical assistants; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1515. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; and for other purposes.
Referred to the Committee on Agriculture.

1182

JOURNAL OF THE HOUSE,

HB 1516. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Stephens County, so as to add an additional member to the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1517. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to provide for two additional members of the Board of Education of Peach County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1518. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to increase the members of the board of com missioners for said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1519. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend Code Section 9-103 relating to the qualifications of applicants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational requirements prescribed for the admission to the practice of law; and for other purposes.
Referred to the Committee on Judiciary.

HB 1520. By Messrs. Paris of the 14th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 92-6911, relating to the meetings and duties of the board of tax assessors, so as to authoize the board to mail notices of corrections, changes or equalizations on real and personal property of taxpayers by registered or certified mail; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purposes of providing ambulance services for emergency care and treatment; and for other purposes.
Referred to the Committee on Special Judiciary.

SATURDAY, FEBRUARY 7, 1970

1183

HR 725-1521. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers vested in said governing authority and to provide penalties for violation of such ordinances; and for other purposes.
Referred to the Committee on Local Affairs.

HR 726-1521. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A Resolution proposing an amendment to the Constitution so at to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage dis tricts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; and for other purposes.
Referred to the Committee on Local Affairs.

HR 727-1521. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protec tion districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements; and for other purposes.
Referred to the Committee on Local Affairs.

HR 728-1521. By Mr. Levitas of the 77th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law that any county, mu nicipal corporation, or any housing authority may acquire open land in undeveloped areas in connection with slum clearance and redevelopment work and dispose of such land by sale to private enterprise for private uses or to public bodies for public uses; and for other purposes.
Referred to the Committee on Industry.

HB 1522. By Mr. Funk of the 92nd:
A Bill to be entitled an Act to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; to provide the corporate boundaries of said City; and for other purposes.
Referred to the Committee on Local Affairs.

1184

JOURNAL OF THE HOUSE,

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

HB 1475. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act incorporating the City of Arnoldsville, so as to change the corporate limits of said city; and for other purposes.

HB 1476. By Messrs. Chandler of the 34th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to change the provisions relating to the filing of a bond prior to the registration of securities for sale; and for other purposes.

HB 1477. By Messrs. Bell and Morris of the 73rd, Jordan of the 74th, Dean of the 76th, Collins of the 72nd, Farrar of the 77th and others:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to increase the number of the mem bers of the Board of Commissioners of DeKalb County; and for other purposes.

HB 1478. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of an associate judge of the city court of certain counties, so as to extend the provisions of said Act for one additional year; and for other purposes.

HB 1479. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to authorize the employment of attorneys not members of the staff of the Department of Law for the purpose of collecting claims due the State, its agencies or instrumentalities; and for other purposes.

HB 1480. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that all officials, personnel and em ployees of the State Board of Probation, except members of the State Board of Probation, shall be under the State Merit System; and for other purposes.

SATURDAY, FEBRUARY 7, 1970

1185

HB 1481. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act providing: for the estab lishment, maintenance and administration of common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes.

HB 1482. 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 authorize the City of Albany to provide for the regulation and impoundment of animals, and the regulation of the owners thereof; and for other purposes.

HB 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd, Keen, Knapp and Scarborough of the 81st:
A Bill to be entitled an Act 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 1484. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend Code Chapter &-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also participate in an approved legal aid program; and for other purposes.

HB 1485. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend Code Section 92-3113, relating to the apportionment of corporate income derived from the manufacture, production or sale of tangible personal property, so as to provide an alternative formula for apportioning such income; and for other pur poses.

HB 1486. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt from the taxes im posed by said Act the Sale of energy or energy-producing fuels used in the manufacturing, processing, mining or refining of tangible per sonal property for sale; and for other purposes.

HB 1487. By Messrs, Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Bowdon, so as to add to the corporate limits of the Town of Bowdon certain tracts of land; and for other purposes.

1186

JOURNAL OF THE HOUSE,

HB 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solici tors, ordinaries and other officers of the courts of said counties; and for other purposes.

HR 715-1488. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from taxation all raw materials in the hands of the manufacturer to be manufactured into articles of tangible personal property, all goods in the process of manufacture and all manufactured articles in the hands of manufacturer; and for other purposes.

HR 716-1488. By Messrs. Chandler of the 34th and Pafford of the 64th:
A Resolution relative to architectural and engineering firms doing business with the State; and for other purposes.

HR 717-1488. By Holder of the 49th: A Resolution compensating Mrs. G. H. (Belle) Saunders; and for other purposes.
HR 718-1488. By Mr. Anderson of the 49th: A Resolution compensating Mr. Barkclay S. Williams; and for other purposes.
HB 1489. By Mr. Bennett of the 71st: A Bill to be entitled an Act to provide that the using, furnishing, is suing, distributing or redeeming of trading stamps, coupons or similar devices for the sale of gasoline and other motor fuels shall be unlawful; and other purposes.
HB 1490. By Messrs. Chandler of the 34th and Holder of the 49th: A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, so as to provide that otherwise qualified applicants, who possess certain institutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination required of ap plicants wishing to practice medicine in this State; and for other pur poses.

SATURDAY, FEBRUARY 7, 1970

1187

HR 720-1490. By Messrs. Bell of the 73rd, Jordan of the 74th, Geisinger and Collins of the 72nd, Ployd, Westlake and Davis of the 75th:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to provide by law that DeKalb County may levy and collect a tax on multi-family resi dential rental units located within said county not to exceed a rate of 2% of the total amount collected annually; and for other purposes.

HB 1491. 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 Hinesville, so as to change the corporate limits of said city; and for other purposes.

HB 1492. 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 name of the Board of Georgia State Board of Nursing Home Administrators; and for other purposes.
HB 1493. By Mr. Conner of the 56th: A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to provide that the Commissioner may estab lish rules and regulations with regard to a reasonable waiting period for re-examination of applicants for licenses as agents and counselors for life, accident and sickness insurance; and for other purposes.
HR 722-1493. By Messrs. Knapp, Keen, Evans and Pinkston of the 81st and Miller of the 83rd:
A Resolution proposing an amendment to the Constitution, so as to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles owned by religious organizations or groups and used solely for religious purposes and from which no income is derived; and for other purposes.
HR 723-1493. By Mr. Bostick of the 63rd: A Resolution creating the Employees of the Clerks of the Superior Courts Retirement Study Committee; and for other purposes.
HB 1494. By Messrs. Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd, Games of the 104th, Wilkerson of the 103rd and others:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authori ties of certain municipalities; and for other purposes.

1188

JOURNAL OP THE HOUSE,

HB 1495. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to provide for a Board of Commissioners of Thomas County; and for other purposes.

HB 1496. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to provide that the Revenue Commissioner shall be authorized to grant permits to licensed, wholesale, tobacco dealers; to allow tobacco tax stamps to be obtained on account; and for other purposes.

HB 1497. By Mr. Horton of the 95th:
A Bill to be entitled an Act to define, control and prohibit the littering of public or private property; and for other purposes.

HB 1498. By Mr. Brooks of the 17th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Madison County, so as to change the provisions relating to employment of personnel by said board of commissioners; and for other purposes.
HB 1499. By Mr. Lewis of the 37th: A Bill to be entitled an Act to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal court; and for other purposes.
SB 412. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for a Board of Trustees of Georgia Military College, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt, or by other methods of encumbrance; and for other purposes.
SB 425. By Senators Tysinger of the 41st, Reeder of the 55th, Walling of the 42nd, and Miller of the 43rd: A Bill to be entitled an Act to amend an Act known as the "Junior College Act of 1958", so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.

SATURDAY, FEBRUARY 7, 1970

1189

SB 427. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st, and others:
A Bill to be entitled an Act to amend Code Section 87-201, relating to the notice of elections held by counties, municipalities or divisions on the issue of bonds, so as to change the time for holding such elections in certain counties; and for other purposes.

SB 428. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purpose of compensating his employees; and for other purposes.

SR 235. By Senator Broun of the 46th:
A Resolution proposing an amendment to the Constitution so as to re move therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemption; and for other purposes.

SR 244. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property lo cated within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes.

SR 245. By Senator Dean of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the method of selecting the legal organ of Wayne County; and for other purposes.

SR 254. By Senator Coggin of the 35th:
A Resolution creating the Legislative Building Study Committee; and for other purposes.

SR 255. By Senator Coggin of the 35th:
A Resolution recreating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.

1190

JOURNAL OF THE HOUSE,

Mr. Odom of the 61st, Vice-Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations 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 1100. Do Pass by Substitute.
Respectfully submitted,
Odom of the 61st,
Vice-Chairman.

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 House and has instructed me to report same back to the House with the following recommendations:
HB 1198. Do Pass. Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Buck of the 84th, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 317. Do Pass. Respectfully submitted, Buck of the 84th, Chairman.

SATURDAY, FEBRUARY 7, 1970

1191

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 follow ing Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 197. Do Pass by Substitute.
Respectfully submitted,
Melton of the 32nd,
Chairman.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A Bill to be entitled an Act to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties, relative only to endorsement of late motor vehicle tag applications and the penalties and fees in relation thereto and to the collection of all fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances; 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.

Mr. Hill of the 94th moved that the House do now adjourn until 9:30 o'clock, Monday morning and the motion prevailed.

The Acting Speaker announced the House adjourned until 9:30 o'clock, Monday morning.

1192

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 9, 1970

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. Jack Tillman, Pastor, Little Horse Creek Baptist Church, Swainsboro, 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 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 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 of the House were introduced, read the first time and referred to the committees:

HB 1523. By Messrs. McClatchey of the 113th, Winkles of the 96th, Geisinger of the 72nd, Bell and Morris of the 73rd, Lane of the 101st and others:
A Bill to be entitled an Act to prescribe a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000; to

MONDAY, FEBRUARY 9, 1970

1193

provide that such buses may not be operated on the National System of Interstate and Defense Highways; to provide a definition of "Urban Transit Systems"; and for other purposes.
Referred to the Committee on Motor Vehicles.

Mr. McClatchey of the 113th moved that HB 1523 be engrossed.

The motion prevailed and HB 1523 was ordered engrossed.

HB 1524. By Mr. Bostick of the 63rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tifton, so as to provide that no member of the commission may contract with or sell to the 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 1525. By Mr. Adams of the 100th: A Bill to be entitled an Act to amend an Act establishing a merit system of personnel administration for State employees, so as to provide whereby employees of the Legislative Branch of Government may be granted Merit System status in the same manner as employees of the Executive Branch of Government; and for other purposes.
Referred to the Committee on State of Republic.
HB 1526. By Mr. Conger of the 68th: A Bill to be entitled an Act to amend an Act creating the Georgia Fac tory for the Blind, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1527. By Mr. Hill of the 97th: A Bill to be entitled an iAct to create a public corporation to be known as the "Metropolitan Airports Commission"; and for other purposes.
Referred to the Committee on Industry.

1194

JOURNAL OF THE HOUSE,

HB 1562. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodbury so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

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

HB 1500. By Messrs. Leonard and Cole of the 3rd:
A Bill to be entitled an Act to amend an Act creating the commissioner of Murray County, so as to change the compensation and expense al lowance of the commissioner; and for other purposes.

HB 1501. By Messrs. Leonard and Cole of the 3rd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers and the manner and method of compensating their employees; and for other purposes.

HB 1502. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Union County Industrial Development Authority; and for other purposes.

HB 1503. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other purposes.

HB 1504. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Georgia Laws 1957 Pages 134, 150 as amended known as the Georgia Securities Law (Georgia Code 1933, Title 97) "Securities" as amended by Georgia Laws 1963, Pages 557, 560, so as to provide that the exemption regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve months basis; and for other purposes.
HB 1505. By Mr. Dorminy of the 48th:
A Bill to be entitled an Act to amend Code Chapter 32-9, relating to

MONDAY, FEBRUARY 9, 1970

1195

county boards of education, so as to authorize the board of education to regulate the admission and attendance of students of 19 years old or older; and for other purposes.

HB 1506. By Mr. Dickinson of the 118th:
A Bill to be entitled an Act to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.

HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th, Sherman and DeLong of the 80th:
A Bill to be entitled an Act to authorize the coroners of certain coun ties to appoint assistants; and for other purposes.

HB 1508. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1509. By Mr. Scarlett of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to authorize the members of the Uniform Division of the Department of Public Safety to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; and for other purposes.

HR 724-1509. By Mr. Carnes of the 104th:
A Resolution compensating Mr. Warren A. Presley; and for other purposes.

HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating to the compensation of the assistants for the Tax Commissioner; and for other purposes.

1196

JOURNAL OF THE HOUSE,

HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the Deputy Clerk, the Docket Clerk, and typist; and for other purposes.

HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, so as to change the compensation of the clerical employee; and for other pur poses.

HB 1513. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the additional com pensation of the Jailer to cover meals; and for other purposes.

HB 1514. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act to provide that the Ordi nary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the clerical assistants; and for other purposes.

HB 1515. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; and for other purposes.

HB 1516. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Stephens County, so as to add an additional member to the Board of Commissioners; and for other purposes.

HB 1517. By Mr. Grahl of the 40th: A Bill to be entitled an Act to provide for two additional members of the Board of Education of Peach County; and for other purposes.
HB 1518. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to increase the members of the board of commissioners for said city; and for other purposes.

MONDAY, FEBRUARY 9, 1970

1197

HB 1519. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend Code Section 9-103 relating to the qualifications of applicants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational requirements prescribed for the admission to the practice of law; and for other purposes.

HB 1520. By Messrs. Paris of the 14th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 92-6911, relating to the meetings and duties of the board of tax assessors, so as to au thorize the board to mail notices of corrections, changes or equalizations on real and personal property of taxpayers by registered or certified mail; and for other purposes.

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purposes of providing ambulance services for emergency care and treatment; and for other purposes.

HR 725-1521. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers vested in said governing authority and to provide penalties for violation of such ordi nances; and for other purposes.

HR 726-1521. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefore within such districts under certain conditions and re quirements; and for other purposes.

HR 727-1521. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protec-

1198

JOURNAL OF THE HOUSE,

tion districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements; and for other purposes.

HR 728-1521. By Mr. Levitas of the 77th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipal corporation, or any housing authority may acquire open land in undeveloped areas in connection with slum clearance and redevelop ment work and dispose of such land by sale to private enterprise for private uses or to public bodies for public uses; and for other purposes.

HB 1522. By Mr. Funk of the 92nd:
A Bill to be entitled an Act to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; to provide the corporate boundaries of said City; and for other purposes.

Mr. Murphy of the 19th District 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 House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 318. Do Pass. HB 1464. Do Pass.
Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Pickard of the 84th District Chairman of the Committee on Industry submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the folllowing Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 228. Do Pass, by Substitute. Respectfully submitted, Pickard of the 84th, Chairman.

MONDAY, FEBRUARY 9, 1970

1199

Mr. Conner of the 56th District, 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 House and has instructed me to report same back to the House with the following recommendations:
HB 1251. Do Pass. HB 1453. Do Pass. HB 1493. Do Pass. HB 1444. Do Pass. HB 841. Do Pass.
Respectfully submitted, Conner of the 56th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:
SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th, and others: A Bill to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to authorize Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 219. By Senators Johnson of the 38th, and Stephens of the 36th: A Bill to amend an Act relative to the issuance of Motor Vehicle License Plates in counties, so as to increase the fee to be retained by the agent; and for other purposes.

1200

JOURNAL OF THE HOUSE,

SB 404. By Senator Chapman of the 32nd:
A Bill to authorize and empower the State Department of Family and Children Services to reimburse County Commissioners or legally con stituted fiscal or financial county agents 100% of costs of welfare benefits to patients in nursing homes within the confines of State institutions or Departments; and for other purposes.

SB 406. By Senators Fincher of the 54th, Garrard of the 37th, Reeder of the 55th, and others:
A Bill to prohibit any person from operating a vehicle on the public roadways and highways of this State which discharges into the atmos phere visible emission obscuring transmission of light beyond 30%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system, and for other purposes.

SB 419. By Senator Kidd of the 25th:
A Bill to amend an Act authorizing insurance coverage of employees of the State of Ga., except employees of the State Highway Department, for the receipts of benefits as prescribed by the Workmen's Compensa tion statutes of the State of Ga., so as to remove certain provisions regarding the office of Supervisor of Purchases; and for other purposes.

SB 420. By Senator Kidd of the 25th:
A Bill to amend Code Section 114-101, relating to the definition of "employer" and "employee", as amended, so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 432. By Senator McGill of the 24th:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, as amended, so as to change the provisions of disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; to provide an effective date; to repeal con flicting laws; and for other purposes.

SB 433. By Senator McGill of the 24th:
A Bill to require the display of information relating to maximum ca pacity on Watercraft; to provide certain definitions; to provide that a capacity plate be affixed to certain watercraft by the manufacturer or any other person in accordance with such rules and regulations as the State Game and Fish Commission may prescribe; to repeal con flicting laws; and for other purposes.

MONDAY, FEBRUARY 9, 1970

1201

HB 1047. By Mr. McClatchey of the 113th:
A Bill to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.

HB 1049. By Mr. Douglas of the 42nd:
A Bill to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; and for other purposes.

HB 1051. By Mr. Douglas of the 42nd:
A Bill to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, shall be valid and effective, personal representatives or of said deceased grantor as their interests may appear; and for other purposes.

HB 1157. By Messrs. Mason and Nash of the 13th:
A Bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers there of, so as to provide for a Court Reporter for said Circuit; and for other purposes.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st and others:
A Bill to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions; to provide Workmen's compensation for their employees; and for other purposes.

HB 1169. By Mr. Dixon of the 65th:
A Bill to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; to repeal conflicting laws; 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 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd, and others:
A Bill to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for viola tions; and for other purposes.

1202

JOURNAL OF THE HOUSE,

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

SB 219. By Senators Johnson of the 38th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relative to the issuance of Motor Vehicle License Plates in counties, so as to increase the fee to be retained by the agent; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 404. 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 County Commis sioners or legally constituted fiscal or financial county agents 100% of costs of welfare benefits to patients in nursing homes within the con fines of State institutions or Departments; and for other purposes.
Referred to the Committee on Welfare.

SB 406. By Senators Fincher of the 54th, Garrard of the 37th, Reeder of the 55th, and others:
A Bill to be entitled an Act to prohibit any person from operating a vehicle on the public roadways and highways of this State which dis charges into the atmosphere visible emission obscuring transmission of light beyond 30%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 419. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing insurance coverage of employees of the State of Georgia, except employees of the State Highway Department, for the receipts of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia, so as to remove certain provisions regarding the office of Supervisor of Purchases; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 420. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 114-101, relating to the definition of "employer" and "employee", so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; and for other purposes.
Referred to the Committee on Industrial Relations.

MONDAY, FEBRUARY 9, 1970

1203

SB 432. By Senator McGill of the 24th:
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 change the provisions for disposing of contraband wildlife or parts thereof which have been seized under the provisions of said Act; and for other purposes.

SB 433. By Senator McGill of the 24th:
A Bill to be entitled an Act to require the display of information relating to maximum capacity on watercraft; to provide that a capacity plate be affixed to certain watercraft; and for other purposes.
Referred to the Committee on Game and Fish.

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, Monday, February 9, 1970, and submits the following:

HR 39- 68. Official State Bird.

HB

191. Public Service Commission, salary

HB

214. State Auditor, salary and expenses

HB

282. Motor Vehicles, exhaust system

HB

348. Driver's licenses, revocation, suspension

HB

695. Fire Departments, employees, settlement of disputes.

HB

867. Courts, organization, jurisdiction

HB 1043. Interest rates, real property

HB 1100. General Appropriations Act

HB 1102. Highways, factory built housing, transporting

HR 555-1121. Local control of Public Education

HB 1136. Georgia Historical Commission

HB 1145. Urban Development accept factory built housing

, HB 1206. Judges Emeritus, serve other Court

HB 1244. Fluoridation, potable public water supplies

HB 1282. Department of Archives, facility available

HB 1287. Eyeglasses, lens, certain material

HB 1301. State Ports Authority, creating

1204

JOURNAL OF THE HOUSE,

HB 1304. Elections, primaries, conduct (Postponed) HB 1340. Local School system, pupil-teacher ratio

HB 1343. Machine guns, registered

HR 658-1345. Local Boards of Education, tax

HB 1352. Drugs, punishment, violations HB 1353. Drugs, abuse, penalty HB 1354. Drugs, seizure HB 1356. Drugs, use of

HB 1357. Dangerous drugs, pharmacy list HB 1363. G.B.I. State Legislative intent HB 1378. Narcotic drugs, violations HR 668-1379. Milledgeville, City, Water and Sewer lines HB 1390. Pulton County, record keeping

HR 672-1416. City of Canton, conveyance of land

HR 694-1436. Brown Thrasher, State Bird

SB

86. Eminent domain, draw 75% of awards

SB

228. Housing, undeveloped, slum clearance

SB

333. Southwestern State Hospital, change name

SB

380. Area Planning, Housing Development

SB 381. Urban Redevelopment, acquire, plan, dispost

SB

383. Building Administrative Board

SB

384. Urban Redevelopment, private sale

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lambert of 25th, Vice-Chairman.
The following Resolution of the House was read and adopted:

MONDAY, FEBRUARY 9, 1970

1205

HR 731. By Messrs. Williams of the llth, Smith of the 43rd, Lambert of the 25th, Wood of the llth, Harris of the 77th and others:

A RESOLUTION
Commending Dr. Fleming Jolley; and for other purposes.
WHEREAS, for the past several years Dr. Fleming Jolley, one of Atlanta's most outstanding neural surgeons, has contributed his valua ble time and energies in the formulation of a comprehensive traffic safety program in the State of Georgia; and
WHEREAS, Dr. Fleming Jolley has unselfishly made available to the State of Georgia, through his membership on various traffic safety
organizations, his vast profesional knowledge; and
WHEREAS, the people of the State of Georgia owe a vast debt to this outstanding and distinguished citizen for his many contributions to the welfare of the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Dr. Fleming Jolley for the many outstanding contributions which this distinguished surgeon has made to his fellow citizens.
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 the Medical Association of Georgia, Emory University Hospital and Dr. Fleming Jolley.

Mr. Longino of the 98th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd, Maxwell of the 78th and others:
A Bill to be entitled an Act to amend Chapter 13-2 of Title 13 of the Code of Georgia known as the Banking Law of Georgia, relating to the definition of terms and the regulation of banks, etc.; so as to redefine the terms "Branch Bank", "Village"; 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.:

Ballard Barfield

Black Bohannon

Clarke Collier

1206
Collins, M. Conger Conner Dailey Dickinson Dixon Dorminy Farmer Floyd, L. R. Graves Griffin Harris, J. F. Holder Howell Hudson

JOURNAL OF THE HOUSE,

Jordan, H. S. Keyton Lambert Lee, W. S. Lewis Longino Mullinax Nessmith Northcutt Nunn Parker, H. W. Patterson Phillips, L. L. Phillips, W. R. Poole

Potts Reaves Ross Russell Scarborough Scarlett Smith, J. R. Sorrells Wamble Ware Wheeler, J. A. Wilkerson Williams Wilson

Those voting in the negative were Messrs.:

Atherton Battle Bell Brantley, H. H. Buck Busbee Cole Collins, S. Connell Daugherty Dean, J. E. DeLong Dodson Ellis Farrar Gaynor Gei singer Harris, J. R.

Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Horton Johnson Jones, C. M. Jones, Herb Jones, M. Knowles Kreeger Leonard Levitas Matthews, C. McClatchey Mauldin Miles

Miller Moate Moore Morris Murphy Paris Pinkston Salem Shanahan Sherman Simkins Smith, V. T. Westlake Wheeler, Bobby Winkles Wood

Those not voting were Messrs.:

Adams Alexander Anderson Barber Bennett Berry Blalock Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D.

Brown, C. Burruss Caldwell Carnes Gates Chandler Colwell Cook Cooper Crowe Davis, R. T. Davis, W. Dean, M. Dent

Douglas Edwards Egan Evans Ezzard Fallin Felton Floyd, J. H. Funk Gary Gignilliat Grahl Gunter Hadaway

MONDAY, FEBRUARY 9, 1970

1207

Hale Hamilton Hargrett Harrington Henderson Hill, G. Hood Housley Hutchinson Joiner Jordan, G. Keen Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lowrey

Marcus Mason Matthews, D. R. Maxwell McCracken McDaniell Melton Merritt Milford Nash Odom Pafford Parker, C. A. Peters Peterson Phillips, G. S. Pickard

Rainey Roach Rowland Rush Shepherd Simmons Sims Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Whaley Mr. Speaker

On the motion, the ayes were 50, nays 52.

The motion was lost and the House refused to reconsider the passage of HB 1135.

Mr. Reaves of the 71st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd:
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 exempt fish feed from the taxes imposed by said Act; and for other purposes.

The motion prevailed, and HB 1346 was reconsidered.

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

HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd and others:
A Bill to be entitled an Act to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; and for other pur poses.

1208

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To be entitled an Act to create the "Coastal Marshlands Protection Agency"; to provide a short title; to define certain terms; to provide for the membership of the Agency; to provide for the election of a Chairman; to provide for the appointment of an executive secretary and of representatives and agents by designated members; to provide for payment of expenses; to provide for the powers and duties of the Agency; to provide for applications to alter marshlands; to provide for the procedure for filing applications; to provide for gathering of in formation by Agency members; to provide for the issuance of permits; to provide for conditional permits; to provide for denial of permits under certain conditions; to provide for appeals; to provide for policing; to provide for injunctions; to provide for posting permits; to provide for the transfer of permits; to provide penalties for violations; to provide for exceptions; to provide for emergency powers; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, scientific research has established that the estuarine area of Georgia is the habitat of many species of marine life and wildlife, and without the food supplied by the marshlands, such marine life and wildlife cannot survive; and

WHEREAS, intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest pro viders of nutrients in the world; and
WHEREAS, the marshlands of Georgia provide a great buffer against flooding and erosion, and help control and disseminate many pollutants; and

WHEREAS, the estuarine areas and coastal marshlands provide a unique form of outdoor recreation for the people of our State; and

WHEREAS, it is in the public interest that the State of Georgia regulate the use of the coastal marshlands by the exercise of its police power in order to protect the welfare, health and safety of the citizens of this State; and

WHEREAS, in the exercise of this police power the State of Georgia recognizes that it is necessary for the economic growth and develop ment of the coastal area that provision be made for the future use of some of the marshlands for industrial and commercial purposes; and

WHEREAS, it is the intent of the General Assembly that any use of the marshlands be balanced between protection of the environment on the one hand and industrial and commercial development on the other.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:

MONDAY, FEBRUARY 9, 1970

1209

Section 1. Short Title--This Act shall be known and may be cited as the "Coastal Marshlands Protection Act of 1970".

Section 2. Definitions--Unless clearly indicated otherwise by the context, the following terms, when used in this Act, shall have the meanings respectively ascribed to them in this Section:

(a) "Coastal marshlands" hereinafter referred to as "marshlands" means any marshland or salt marsh in the State of Georgia, within the estuarine area of the State, whether or not the tide waters reach the littoral areas through natural or artificial water courses. Marshlands shall include those areas upon which grow one, but not necessarily all, of the following: saltmarsh grass (Spartina alterniflora), black grass (Juncus gerardi), high-tide bush (Iva frutescens var. oraria). The oc currence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive 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 five and six tenths (5.6) feet above mean tide level and below.

(c) "Person" means any individual, partnership, corporation, municipal corporation, county, association, public or private authority, and shall include the State of Georgia, its political subdivisions, and all its departments, 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 the marshlands to be affected or any part thereof are located.

(f) "Agency" means the Coastal Marshlands Protection Agency.
Section 3. Creation of the Coastal Marshlands Protection Agency. --(a) There is hereby created, as an autonomous division of the State Game and Pish Commission, the Coastal Marshlands Protection Agency which shall administer the provisions of this Act.
(b) The Agency shall be composed of seven (7) members as follows:
(1) The Director of the State Game and Fish Commission
(2) The Executive Director of the Ocean Science Center of the Atlantic
(3) The Executive Secretary of the Water Quality Control Board

1210

JOURNAL OF THE HOUSE,

(4) The Director of the Coastal Area Planning and Development Commission

(5) The Executive Director of the Georgia Ports Authority

(6) The Director of the Department of Industry and Trade
(7) The Attorney General or their appointed representatives. In the event one of the members of the Agency designated herein appoints a representative, such representative shall be an employee of the same State agency or department as the official making the appointment.
(c) A majority of the members of the Agency shall elect a chairman from among the members who shall serve for a period of four years from the date of his election and until his successor is elected.
(d) The members of the agency shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred in the performance of their duties from the agency or department with which employed.
Section 4. Powers and Duties of Agency.--(a) The Agency shall have the following powers and duties:
(1) To promulgate such rules and regulations as may be necessary to effectuate the provisions of this Act; provided, however, that such rules and regulations shall not be of any force and effect unless two public hearings be held after notice thereof has been publicized in the legal organ in the counties of Chatham, Camden, Glynn, Mclntosh, Liberty and Bryan once a week for two consecutive weeks immediately prior to such hearings.

(2) To administer and enforce the provisions of this Act and all rules, regulations and orders promulgated thereunder.
(3) To examine and pass upon applications to alter marshlands.
(4) To revoke permits of applicants who fail or refuse to carry out their proposals.
(5) To accept monies that are available from government units and private organizations.
(6) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the Agency in carrying out the provisions of this Act.
(7) To exercise all incidental powers necessary to carry out the purposes of this Act.

(b) The above and foregoing powers, may except for the rule making powers, be exercised and duties performed by the Agency

MONDAY, FEBRUARY 9, 1970

1211

through such duly authorized agents and employees as it deems necessary and proper including an executive secretary.

Section 5. Applications, Procedure.--(a) No person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State within the estuarine area thereof without first obtaining a permit from the Coastal Marshlands Protection Agency.

(b) Each application for such a permit shall be filed with the State Game and Fish Commission and shall include

(1) Name and address of applicant.

(2) A plan or drawing showing the applicant's proposal and the manner or method by which such proposal shall be accomplished.

(3) A plat of the area in which the proposed work will take place.

(4) A copy of the deed or other instrument under which the appli cant claims title to the property, or if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instrument referred to in this paragraph 3 the Agency may accept some other reasonable evidence of ownership of the property in question or other lawful au thority to make use of the property.

(5) A list of all adjoining landowners together with such owners'^ addresses. If the ownership of adjoining landowners cannot be destermined or if addresses cannot be ascertained, the applicant shall filev in lieu thereof a sworn affidavit that a diligent search has been made but that the applicant was not able to ascertain the owners or addresses as the case may be of adjoining landowners.

(6) A certificate from the local governing authority(s) of the political subdivision (s) in which the property is located stating that the applicant's proposal is not violative of any zoning law, ordinance or other local restrictions which may be applicable thereto. If in the judg ment of the Agency a zoning permit is not needed prior to considering an application, it may waive this requirement and issue a conditional permit based upon the condition that the applicant acquire and forward a permit from the local political subdivision prior to commencement of work. No work shall commence until this requirement is fulfilled.

(7) A certified check or money order in the amount of $25.00 for each acre of land or portion thereof to be affected payable to the Coastal Marshlands Protection Agency to defray administrative costs. No appli cant shall be required to pay in excess of $500.00 for any one proposal regardless of the number of acres to be affected.

(c) A copy of each application for a permit shall be delivered to each member of the Agency within seven days from receipt thereof.

1212

JOURNAL OF THE HOUSE,

(d) The Director of the State Game and Pish Commission within thirty days of receipt of an application shall notify in writing all ad joining landowners of the application and shall indicate the use the applicant proposes to make of the property. Should the applicant indi cate that any adjoining landowner is unknown or that the address of such landowner is unknown, then the member of the Agency to which the application for permit is filed shall caused a notice of the proposed activity and a brief description of the land to be affected to be published in a legal organ of the county or counties in which said land lies within thirty days of receipt of the application.

Should the property to be affected by applicant be bordered on any side or on more than one side by other property of applicant, applicant shall supply the names and addresses of the nearest landowners other than applicant and bordering on applicant's land or a sworn statement of diligent search as provided above in this Act. The landowner so named shall be notified either directly or by advertisement as provided above in this Section. Any member may also make inquiry to adjoining land owners to ascertain whether or not there is no objection to issuance of a permit.

(e) In passing upon the application for permit, the Agency shall consider the public interest which, for purposes of this Act, shall be deemed to be the following considerations:

(1) Whether or not any unreasonably harmful obstruction to or alteration of the natural flow of navigable water within such area will arise as a result of the proposal

(2) Whether or not unreasonably harmful or increased erosion, shoaling of channels or stagnant areas of water will be created to such extent as to be contrary to the public interest

(3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conserva tion of fish, shrimp, oysters, crabs and clams or any marine life or wild life or other natural resources, including but not limited to, water and oxygen supply to such an extent as to be contrary to the public interest.

(f) If the Agency finds that the application is not contrary to the public interest as heretofore specified, it shall issue to the applicant a permit. Such permit may be conditioned upon the applicant's amending the proposal to take whatever measures are necessary to protect the public interest. The Agency shall act upon an application for permit within ninety days after the application is filed.

(g) In the event a majority of the members of the Agency deter mine that a permit should be denied, the application for permit shall be denied, and any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in subparagraph (j) of this Section.
(h) In the event any member of the Agency determines that a conditional permit should be issued the member of the Agency making

MONDAY, FEBRUARY 9, 1970

1213

such determination shall notify the other members of the Agency in writing of the conditions and the reasons therefor, and the Agency shall have an additional 15 days to act with regard to the application. Should a majority of the members of the Agency agree that such permit should be conditional the permit shall be issued on such conditions as a majority of the Agency directs. If less than a majority agrees that such permit should be conditional, the permit shall be issued without such conditions. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in subparagraph (j) of this Section.

(i) 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 the issuance of such permit. Such time may be extended for good cause upon showing that all due efforts and diligence toward the completion of the work have been made. Any person may be revoked for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof.

(j) Any person who is aggrieved or adversely affected by any final order or action of the Agency shall have the right to a hearing and such hearing shall be conducted pursuant to the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338, et. reg.) as now or hereafter amended.

Section 6. The State Game and Pish Commission, through its offi cers and wildlife rangers, shall in addition to their other duties pre scribed by law make reasonable inspections of the marshlands to ascer tain whether the requirements of this Act and the rules, regulations and permits promulgated or issued hereunder are being faithfully com plied with. Any violations shall be immediately reported to the Coastal Marshlands Protection Agency.

Section 7. The Superior Court of the county in which the land or any part thereof lies shall have jurisdiction to restrain a violation of this Act at the suit of any person. In the event the land lies in more than one county and is divided equally between two or more counties, juris diction shall be in the Superior Court of any county in which said land lies.

Section 8. Posting of Permit.--A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the Agency deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant and such other information as the Agency may reasonably require. The type and size of the sign reasonable in dimensions may be specified by the Agency.
Section 9. In the event of sale, lease, rental or other conveyance by an applicant to whom a permit is issued, such permit shall be con tinued in force in favor of the new owner, lessee, tenant or other assignee so long as there is no change in the use of the land as set forth in the original application.

1214

JOURNAL OF THE HOUSE,

Section 10. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 11. Exceptions.--The provisions of this Act shall not apply to the following:

(a) Activities of the State Highway Department incident to con struction, repairing and maintaining a public road system in Georgia;
(b) Agencies of the United States charged by law with the re sponsibility 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) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, repairing and maintaining utility lines for the transmission of gas, electricity or telephone messages;
(d) Activities of companies in constructing, erecting, repairing and maintaining railroad lines and bridges;
(e) Activities of political subdivisions incident to constructing, re pairing, and maintaining pipelines for the transport of water and sewage;
(f) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of residences located on highland adjoining such docks.

Section 12. Emergency Powers.--In the event of an emergency whether created by Act of God, actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, the provisions of this Act shall be suspended for such period. The burden of proof shall be upon the person or persons relying upon this Section to establish that such an emergency did indeed exist.

Section 13. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, 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 effect, 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 14. All laws and parts of laws in conflict with this Ac*are hereby repealed.

MONDAY, FEBRUARY 9, 1970

1215

Mr. Harrison of the 66th moved that the Senate substitute be printed and placed on the desks before the Senate substitute would be further considered.

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

Those voting in the affirmative were Messrs.

Battle Blalock Burruss Cole Collins, S. Conger Davis, W. Douglas Ellis Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat

Griffin Harrison Higginbotham Hill, B. L. Holder Hood Hudson Jordan, G. Keyton Knapp Lane, Dick Lee, W. J. (Bill) Longino Miles

Murphy Peterson Ross Rush Russell Salem Scarlett Sims Smith, V. T. Wamble Westlake Whaley Wilkerson

Those voting in the negative were Messrs.

Alexander Ballard Barber Bell Bennett Black Bond Brantley, H. L. Brown, C. Busbee Caldwell Collier Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dickinson Dixon Dodson Edwards Egan Farmer

Farrar Felton Funk Graves Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Horton Housley Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Knowles Kreeger Lee, W. S. Levitas Lowrey Mason Matthews, C. Mauldin

McDaniell Melton Miller Moate Moore Nessmith Nunn Paris Parker, C. A. Parker, H. W. Patterson Phillips, W. R. Pinkston Poole Potts Roach Scarborough Shanahan Snow Sorrells Thomason Thompson, A. W. Toles Townsend Wheeler, Bobby Williams

1216

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams Anderson Atherton Barfield Berry Bohannon Bostick Bo wen Brantley, H. H. Bray Brooks Brown, B. D. Buck Games Gates Chandler Clarke Collins, M. Colwell Conner Dean, N. DeLong Dent Dorminy Evans Ezzard

Fallin Gary Grahl Gunter Hadaway Hale Hargrett Henderson Hill, G. Howell Johnson Keen Lambert Lane, W. J. Leonard Lewis Marcus Matthews, D. R. Maxwell McClatchey McCracken Merritt Milford Morris Mullinax

Nash Northcutt Odom Pafford Peters Phillips, G. S. Phillips, L. L. Pickard Rainey Reaves Rowland Shepherd Sherman Simkins Simmons Smith, J. R. Sweat Thompson, R. Vaughn Ware Wheeler, J. A. Winkles Wilson Wood Mr. Speaker

On the motion to print, the ayes were 41, nays 78.

The motion was lost.

Mr. Harris of the 67th moved that the House agree to the Senate substitute.

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

Those voting in the affirmative were Messrs.:

Anderson Atherton Ballard Barber Battle Bell Berry Black Bond

Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee C aidwell Collier Colwell

Connell Cook Cooper Crowe Dailey Davis, E. T. DeLong Dickinson Dixon

Dodson Edwards Egan Ellis Farrar Felton Funk Geisinger Graves Hamilton Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M.

MONDAY, FEBRUARY 9, 1970

1217

Jordan, H. S. Knowles Kreeger Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Mason Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Miller Moate Moore Mullinax Nessmith Nunn Paris Parker, H. W. Patterson Peterson

Phillips, W. R. Pinkston
Poole Potts Roach Salem Scarborough Shanahan Shepherd Sherman
Simmons Sims Snow Sorrells
Sweat Thomason
Thompson, A. W. Toles Townsend Wheeler, Bobby Wheeler, J. A. Wilkerson Williams
Wood

Those voting in the negative were Messrs.

Alexander Bennett Cole Conger Daugherty Davis, W. Douglas

Floyd, J. H. Gignilliat Griffin Harris, J. F.
Jordan, G. Keyton Knapp

Those not voting were Messrs.:

Adams Barfield Blalock Bohannon Bostick Bo wen Bray
Brooks Buck Carnes
Gates Chandler Clarke Collins, M. Collins, S.

Conner Dean, J. E. Dean, N. Dent Dorminy Evans
Ezzard Fallin Farmer
Floyd, L. R. Gary Gaynor Grahl
Gunter Hadaway

Longino Murphy Ross Russell Scarlett Wamble Westlake
Hale Hargrett Harrison Hill, G. Holder Howell Johnson Keen Lambert Lane, Dick Lane, W. J. Leonard Marcus Matthews, D. R. McClatchey

1218
McCracken Milford Morris Nash Northcutt Odom Pafford Parker, C. A. Peters

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L.
Pickard Rainey Reaves
Rowland Rush
Simkins Smith, J. R.

Smith, V. T. Thompson, R.
Vaughn Ware Whaley
Winkles Wilson
Mr. Speaker

On the motion to agree, the ayes were 103, nays 21.

The motion prevailed and the Senate substitute to HB 212 was agreed to.

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 1100. 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 providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Ap propriations Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I.
This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1969-70.
Section 1. An Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), is hereby amended by striking from Section 5, relating to Superior Courts, the figure "$1,756,967.00" and inserting in lieu thereof the figure "$2,257,000.00".

MONDAY, FEBRUARY 9, 1970
Section 2. Said Act is further amended by adding a new section to be known as Section 7-A, to read as follows:
"7-A. Air Transportation, Department of. 1969-70 ____..._-_____._____-_-_._._.-__.$

1219 193,919.00"

Section 3. Said Act is further amended by striking from Section 8, relating to the Georgia Art Commission, the figure "$57,060.00" and inserting in lieu thereof the figure "$83,060.00".

Section 4. Said Act is further amended by striking from Section 11, relating to the Comptroller General, the figure "$1,526,450.00" and inserting in lieu thereof the figure "$1,533,950.00".
Section 5. Said Act is further amended by striking from paragraph (a) of Section 16, relating to the general operating costs of the Planning and Programming Bu reau, the figure "$520,421.00" and inserting in lieu there of the figure "$522,721.00".
Section 6. Said Act is further amended by srtiking from paragraph (b) of Section 16, relating to grants to Area Planning and Development Commission under the Planning and Programming Bureau, the figure "$823,200.00" and inserting in lieu thereof the figure "$852,200.00".

Section 7. Said Act is further amended by striking from paragraph A. of Section 18, relating to the general operating costs of the Department of Industry and Trade, the figure "$2,591,014.00" and inserting in lieu thereof the figure "$3,019,095.00".

Section 8. Said Act is further amended by striking from Section 24, relating to the Department of Public Safety, the figure "$13,291,700.00" and inserting in lieu thereof the figure "$13,357,700.00".
Section 9. Said Act is further amended by striking from Section 25, relating to the Public Service Commis sion, the figure "$688,131.00" and inserting in lieu there of the figure "$713,131.00".

Section 10. Said Act is further amended by striking from Section 26, relating to the Supervisor of Purchases, the figure "$467,653.00", and inserting in lieu thereof the figure "$497,653.00".
Section 11. Said Act is further amended by striking from paragraph A. of Section 35, relating to the opera-

1220

JOURNAL OP THE HOUSE,

tion of all activities of the Department of Agriculture, including the operation of Farmer's Markets, the figure "$7,553,575.00" and inserting in lieu thereof the figure "$7,653,575.00".

Section 12. Said Act is further amended by striking from Section 36 A., relating to the Forestry Commis sion, the figure "$5,806,633.00" and inserting in lieu thereof the figure "$5,823,299.00".

Section 13. Said Act is further amended by striking from Section 36 C., relating to the Game and Fish Com mission, the figure "$3,474,013.00" and inserting in lieu thereof the figure "$3,481,116.00".

Section 14. Said Act is further amended by striking from Section 36 K., relating to the Soil and Water Con servation Committee, the figure "$409,548.00" and in serting in lieu thereof the figure "$427,800.00".

Section 15. Said Act is further amended by striking from paragraph A. of Section 37, relating to the admin istrative expenses of the State Board of Corrections, including the operation of the State Prison System, the figure "$12,206,583.00" and inserting in lieu thereof the figure "$12,252,583.00".

Section 16. Said Act is further amended by striking from paragraph A. of Section 40, relating to the State Board of Education and the Department of Education, the figure "$358,813,335.00" and inserting in lieu there
of the figure "$359,313,335.00".

Section 17. Said Act is further amended by striking from paragraph C. of Section 47, relating to Benefits-- AFDC Program under the Department of Family and Children Services, the figure "$11,716,743.00" and inserting in lieu thereof the figure "$13,866,743.00".

Section 18. Said Act is further amended by striking from paragraph E. of Section 47, relating to Grants to Counties for administration and services, under the Department of Family and Children Services, the figure "$9,390,900.00" and inserting in lieu thereof the figure
"$8,540,900.00".

Section 19. Said Act is further amended by striking from paragraph J. of Section 48, relating to the Medical Assistance Program, under the Department of Public Health, the figure "$20,352,337.00" and inserting in lieu thereof the figure "$20,592,337.00".

MONDAY, FEBRUARY 9, 1970

1221

Section 20. Said Act is further amended by striking Section 50, relating to the Highway Department, in its entirety and inserting in lieu thereof a new Section 50 to read as follows:

"Section 50. Highway Department.

A. 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 collec tion 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.

For general administrative cost of operating the Highway Department, including equipment and compensation claims.

For lease rental obligations of the Highway Department to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter en tered into in connection with new projects approved by the Highway Department. Provided that in the event that lease rental obligations shall be less than the amount provided in the amended Budget Report, such excess amount may be used and is herein spe cifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

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 inci dent thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportion ment 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 ac cordance 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

1222

JOURNAL OF THE HOUSE,

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 FederalState 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of high way 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.

1969-70 .....__..__....___........__...__.._._._......_._.$132,374,501.39.

B. Grants to counties. For grants to counties for aid in county road construction and mainte nance.

1969-70 -----_..__....__._............_______.______________._$ 4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.

1969-70 ..__-....-_..__..--.___..._________________._______$ 4,500,000.00

Provided that the appropriations in B above shall be distributed and disbursed by the State Treasurer as provided by law.

The sum appropriated under C shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same propor tional 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 govern ing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been ex pended in accordance with the law and the Consti tution, and file the same with the Director of the Highway Department. At the request of the Gov ernor 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

MONDAY, FEBRUARY 9, 1970
shall be deducted from funds granted to such county in any future year.
D. Capital Outlay -- Airport Development -- State Share of Airport Development.
1969-70 _._-__~_._._._..._.__._.......__._._._.$
Section 21. Said Act is further amended by striking from Section 52, relating to the Governor's Emergency Fund, the figure "$2,000,000.00" and inserting in lieu thereof the figure "$2,210,000.00".
Section 22. Said Act is further amended by striking from Section 57, relating to the Total Appropriation for 1969-70, the figure "$933,173,883.59" and inserting in lieu thereof the figure "$941,101,861.98".
Section 23. The appropriations provided for the budget units in Article I shall be expended by object classifications as contained in the Governor's recom mendations in the amended Budget Report relative to the fiscal year 1969-70.

1223 91,360.00."

ARTICLE II.
This article relates only to changes in the appro priations and provisions relative to the fiscal year 1970-71.
Section 24. Said Act is further amended by striking the appropriations and other provisions relative to the fiscal year 1970-71 and inserting in lieu thereof the fol lowing new provisions which shall be the appropriations and provisions for said year and which shall be appli cable only to the fiscal year 1970-71. It is not the inten tion of this Article II and this Section 24 in any way to change the provisions of the aforesaid 1969 Act relative to the fiscal year 1969-70.

"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 the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Coun cil of State Governments, National Conference of Com-

1224

JOURNAL OF THE HOUSE,

missioners on Uniform State Laws; National Conference
of Legislative Leaders and Marine Fisheries Compact; for equipment, suppliers, 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 Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Com mittee and the Office of Legislative Counsel as au
thorized by law.

1970-71 .._.__._-___,,_.__._.._--_-___..._.._$ 4,825,000.00

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 autho rized to promulgate rules and regulations relative to the expenditure 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 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 1970-71 _...._..._..__......_..._._._......_._._-__..-__..$ B. Tax Ratio Study 1970-71 ......_._.-._._..._._.._..._.......__.........._......-_..._$

894,350.00 350,000.00

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 two Emeritus posi tions. Provided, however, that the listed appropriation shall be increased by the amount of $12,600.00 per annum

MONDAY, FEBRUARY 9, 1970

1225

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 crimi nal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

1970-71 _._._._.__.._-_..^...___.._._.-_.____$ 577,400.00

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. 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.

1970-71 ___..._-_._-_--_._._-~~__---.__.__$ 753,000.00

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 ex penses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.

1970-71 __---------------._.....__._._._.__-_..$ 2,271,800.00

Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per annum for each Judgeship created by law during the 1970 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 Emeritus. Provided, however, that the listed appropri ations shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeri tus position established during the fiscal year.

1970-71 ....._.........._......._.._..__.__._._...._....__$ 976,800.00

Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

1970-71

35,000.00

1226

JOURNAL OF THE HOUSE,

PART III.

EXECUTIVE BRANCH GENERAL GOVERNMENT

Section 7. Commission on Aging.

1970-71 ....___.__+__...-...._._____-__....._._..-......._.._..__..$ 57,655.00

Section 7A. Air Transportation, Department of.

1970-71 __._._....._._......__......__.._._.__..............$ 275,685.00

Section 8. Art Commission, Georgia.

1970-71 _--.__-__.--____-___--_-..-..$ 88,060.00

Section 9. Banking, Department of. 1970-71 __....____...___.___.__..-._._____.-..__._...........$

672,700.00

Section 10. Capitol Square Improvement Committee.

A. Operating Costs. 1970-71 __.___--___.__..__..____-___--$

150,000.00

B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to Georgia Building Authority un der existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
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.
1970-71 __._.____.............___......____..___.---_$ 1,763,000.00

Section 12. Coordinator of Highway Safety. 1970-71 __.................._..........__._______-..________.-.--..___.$

98,400.00

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military or-

MONDAY, FEBRUARY 9, 1970

1227

ganizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1970-71 _._.__._...____....___.,,_._.._._._...___.$ 1,206,054.00

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 commit tee expenses.

1970-71 ._._.______________________________________________$ 637,600.00

B. For the Governor's Mansion allowance. 1970-71 _-._____________...._______-__-_.______-___________,,$

25,000.00

Section 15. Budget Bureau. 1970-71 _________________________.._._.______._________________.$

341,500.00

Section 16. Planning and Programming Bureau.

(a) General Operating Costs. 1970-71 __^_..________________________.______..__..._..__________.$

674,908.00

(b) Grants to Area Planning and Development Commissions.
1970-71 _______________._.._.______--_----$

884,300.00

Section 17. Georgia Historical Commission. 1970-71 ________________________________._-_____._..$ 524,500.00

Section 18. Industry and Trade, Department of.

A. General Operating Costs. 1970-71 ._.___.._._.__________________......__._______________.____$ 3,164,300.00

B. Capital Outlay -- Metropolitan Atlanta Rapid Transit--To be expended under contract with the Metropolitan Atlanta Rapid Transit Authority.
1970-71 .._________________.-_-----___-_---___._.--__-_$

45,700.00

1228

JOURNAL OP THE HOUSE,

C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.

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.
1970-71 ....________--.__--,,_-__----_----.----.--$ 394,658.00
B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1970-71 __---___--__..__._...__.____--.----.$ 115,000.00

C. Work Incentive Program. 1970-71 ___.________

362,739.00

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 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 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 of rightsof-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive Department for the payment of sala ries and expenses of the two assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.
1970-71 --_--_.__-----_.__--____________$ 1,006,200.00

Section 21. Library, State. 1970-71 ___________---

,,$ 135,800.00

MONDAY, FEBRUARY 9, 1970

1229

Section 22. Literature Commission, State.

1970-71 -._..-.-.--.-.----------_.._----.___.---__$ 20,000.00

Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.

1970-71 ----._.-----.-----_.--_____.____--__$ 179,000.00

Section 24. Public Safety, Department of.

1970-71 _..________.__.____.--.____________.___.________._.____$ 14,896,000.00

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 Asso ciation of Motor Vehicles 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.
1970-71 ___________________________..._____,,____...$ 769,320.00

Secton 26. Purchases, Supervisor of. 1970-71 ___.__._______________^_______.__._._._____$ 1,568,700.00

Section 27. Recreation Commission. 1970-71 ___-..___._______..-_t________._____._________.$

118,800.00

Section 28. Revenue, Department of.
A. For cost of operating the Department of Rev enue.
1970-71 ....__________-______..-._______________..____$ 14,530,328.00

B. Motor Vehicle Tag Purchases. 1970-71 ....__________________.______-_._______.___$ 1,409,100.00

C. Loans to counties--Tax reevaluation. 1970-71 ________________________......_.__..._._____$

500,000.00

1230

JOURNAL OF THE HOUSE,

In addition, there is hereby appropriated for the fiscal year 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 $290,000.00. Such amount shall be available for further tax evaluation loans to counties.

Section 29. Science and Technology Commission. 1970-71 --__..__-______-..._._..-.____.___.__-_.___-$ 101,400.00

Section 30. Secretary of State.
A. Archives and Records. For the cost of operations or 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 $815,000.00 per annum.
1970-71 __.__.__..___.._.______.--._________-..______-$ 1,526,700.00

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.
1970-71 _.___-__...._-._---__---_._._..__-....-$ 523,700.00

C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1970-71 _._______.___......_.._...__-..---._...$

972,800.00

D. Examining Boards. 1970-71 _____._...._.___._._.._.__...._......_._..$ 1,248,200.00

E. Executive Center. For operation of Executive Center.
1970-71 ___...._..______...._.,,._...____............$

69,300.00

F. Special Repairs, Capitol Building and Legisla tive Chambers, Rooms, Offices and Facilities.
1970-71 _____.________.__........._.___......$ 100,000.00

MONDAY, FEBRUARY 9, 1970

1231

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Com mission.

1970-71 ......._------_...---...---.---._______--...____$ 50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1970-71 ---.___-.-.--_--.---.____...___...._._...............$

165,500.00

Section 33. Veterans Service.

A. For the cost of operating the Department of Vet erans Service.
1970-71 ....____..__--______---_______.,,.._.......*----.--$ 1,309,700.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1970-71 ...._._..._......___._...__-._.._.-.-__-.-.-___,,$ 2,072,500.00

C. For the cost of pensions to Confederate Widows. 1970-71 ....__....._.....___.___.........._.______._.___$

47,780.00

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.
1970-71 .._-.._--.__---__.-.__..___._._..._._.$

763,357.00

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.
1970-71 ____.__.______.__.._..._......._.._,,......_............._......._.$ 8,918,800.00

B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Markets).
1970-71 - ---__---- ,,--------_----_----------$

875,000.00

C. Fire Ant Eradication. 1970-71 .__----------..-------------------$ 1,500,000.00

1232

JOURNAL OP THE HOUSE,

Section 36. Conservation

A. Conservation, Commissioner of.

1970-71 ____-___-___-___---__--..__---$ 522,155.00

B. Forest Research Council.

1970-71 _______.--.____.._-.-.---.....--------$ 588,274.00

C. Forestry Commission.

1970-71 __.._____-_.___...__...______-----_$ 6,774,916.00

D. Game and Fish Commission.

1970-71 ___--__.__----..----.--------___...._$ 4,120,500.00

E. Georgia Commission for the Development of Chattahoochee River Basin.

1970-71 _____________-__.._.____-___--..$

6,920.00

F. Jekyll Island Committee.

1970-71 ________---__-----__.__--__-$ 350,000.00

G. Lake Lanier Islands Development Commission.

1970-71 .--.___.____----------.-----------.------$ 261,000.00

H. Mineral Leasing Commission.

1970-71 __.______--__...__________-..--$

5,000.00

I. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.

(a) Regular Operations 1970-71 ______-__.--__---_______...._.__$

686,700.00

(b) Surface Mined Land Use Board. 1970-71 _-__________...._--_.________-$

124,656.00

J. North Georgia Mountains Commission. 1970-71 __________.___--..__._._.____._$

206,000.00

MONDAY, FEBRUARY 9, 1970

1233

K. Department of Parks.

(a) For general operation and development of State Parks.
1970-71 -_._.__-_~--__-____.__----------$ 2,224,855.00

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 $34,700.00 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 Au thority.
1970-71 _______-______.__--_---__--$ 1,146,000.00

(c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial As sociation.
1970-71 --__-__---__----__-___--___-$ 1,000,000.00

(d) Reclamation of Natural Resources--Grants. 1970-71 ______-____.________-__-_.--,,$

500,000.00

L. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee.
1970-71 __-___-________--___-__-_---$

466,908.00

M. Stone Mountain Memorial Committee. For op erating costs including costs of improvements by convict labor.
1970-71 ___-____--_--_--.---_.----_.__.$

150,000.00

CORRECTIONS

Section 37. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corections, including the cost of operation of the State Prison System.
1970-71 ______-__----_._.______--__----$ 15,519,030.00

1234

JOURNAL OF THE HOUSE,

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).

1970-71 ----.----------------__----------_____.__.__$ 1,290,000.00

Section 38. Pardons and Paroles, State Board of.

1970-71 _______________________________________...._.$ 1,355,000.00

Section 39. Probation, State Board of. For the cost of operating the statewide probation system, adminis tered by the State Board of Probation.

1970-71 ..------------.____----------------------------$ 1,900,300.00

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 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 operat ing costs of the Department; for educational grants, in cluding the grants to teachers for scholarships, as pro vided by law; and for any other expense authorized by law, payable from the common school funds, including the cost of the Teachers' Retirement Employer contri
bution.

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 con tributions to the Teachers' Retirement System applicable to such salary.
1970-71 ______.___,____________________.___$396,814,922.00

Provided that none of the funds appropriated above may be used to initiate or commence any new program

MONDAY, FEBRUARY 9, 1970

1235

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.

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.

1970-71.---____----_____----.________-$ 28,119,840.00

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 appropriation, the amount of $2,500,000.00 is designated and committed for additional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

Section 41. Educational Improvement Council. 1970-71 __----___-_-_-_-___--_--_--__----__$

125,030.00

Section 42. Higher Education Assistance Commit tee.
1970-71

935,040.00

Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, includ-

1236

JOURNAL OP THE HOUSE,

ing the payment of medical scholarships as authorized by provision of the Georgia State Constitution.

1970-71 _,,____._._--______..__,,__,,-_----_----._$ 222,000.00

Section 44. Ocean Science Center of the Atlantic. 1970-71 ......-..._.__.._-..._..........__..._._.__..........__$ 622,880.00

Section 45. Public School Employees' Retirement System.
1970-71 .._...,,._.------..._...._.__...._..._..._......-_.._.-........$ 2,501,217.00

Section 46. 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 em ployer contributions. Provided that where personnel are paid in whole or in part from funds other than State ap propriations, 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.
1970-71 _.._.__._...__...._._..._._..._.__-..__--..$160,692,422.00
Provided that from appropriated funds, the amount of $18,578,641.00 is designated and committed to guar antee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriation for Lease Rentals, the amount of $2,500,000.00 is designated and committed to pay rentals to the Georgia Education 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 whatso ever. Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the Univer sity System from all funds available in the amounts necessary in the fiscal year to pay the annual lease con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose ap proval shall be evidenced in writing.

MONDAY, FEBRUARY 9, 1970

1237

No funds realized by the State Board of Regents of the University System or any school or college, from the General Fund of the State, from the Federal govern ment, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or expenditure for educational and general or plant pur poses until made available by written approval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended. Provided that funds from dona tions, gifts, earnings, fees, and from any other source of income shall be available to support further lease rental agreements for dormitories and other school build ings, 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.
1970-71 -_____-___---__--_------------------$ 7,333,000.00

Section 47. State Scholarship Commission. 1970-71 -----_____---_--------_------------_------$ 1,019,000.00

Section 48. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1970-71 ----__----___--------------------------------$

347,000.00

Section 49. Public Welfare, Department of Family and Children Services.
A. For the cost of operations of the State Welfare Programs.
1970-71 -_------------------------_----------__------$ 3,990,800.00

B. Benefits--Adult Programs for matching Federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1970-71 ----__--------------___----------------$ 18,442,326.00

C. Benefits--AFDC Program. For matching Federal funds to provide benefits to families with dependent chil dren.
1970-71 __._.__--.__----_--------------_--_._.$ 17,061,878.00

1238

JOURNAL OP THE HOUSE,

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.

1970-71 ....--------------._________...._.._.__......_.....$ 1,658,406.00

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 Bene fit appropriations, the State Budget Bureau shall have authority 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.

1970-71 --------...__....__------_.(----________..$ 11,526,255.00

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.
1970-71 --_____.____.____________.__$ 9,458,900.00

Provided, however, the $600,000.00 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 restriction.

G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.
1970-71 -----__----_.__..._.-4...__.______.$ 158,000.00
Section 50. Department of Public Health.

A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).
1970-71 ---.-__..-_..._.__.__.__.__.____$ 5,884,000.00

B. Central State Hospital. For the cost of operation, including pre-admission and post-discharge services.
1970-71 ---------------__......__---------____$ 34,555,551.00

MONDAY, FEBRUARY 9, 1970

1239

C. Georgia Mental Health Institute. For the cost of operation, including pre-admission and post-discharge services.

1970-71 ___..________________________..__.....______..______....$ 6,004,200.00

D. Georgia Regional Hospital at Atlanta. For the cost of operation, including pre-admission and post dis charge services.

1970-71 _________________________----$ 5,557,900.00

E. Georgia Regional Hospital at Augusta. For the cost of operation, including pre-admission and postdischarge services.

1970-71 ______._____......___..................__._..$ 4,041,300.00

F. Georgia Regional Hospital at Savannah. For the cost of operation, including pre-admision and post dis charge services.

1970-71 ____________________--..__......$ 3,160,000.00

G. Georgia Retardation Center. For the cost of operation, including pre-admission and post-discharge services.

1970-71 __.___-_.___......__....._____.__,..._..$ 6,597,105.00

H. Gracewood State School and Hospital. For the cost of operation, including pre-admission and post-dis charge services.

1970-71 __._.__...._...__.__.__....___....__......_...$ 10,569,946.00

I. Medical Assistance Program. For the cost of op eration.

1970-71 ____..__.__....._____.__.__..._._...$ 26,171,845.00

J. 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 Con struction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.
1970-71 ..........____.__..........___..__.......___.__._$ 2,000,000.00

1240

JOURNAL OF THE HOUSE,

K. Regular Operations. For the cost of operation.

1970-71 _______-.-_-_.__- -.-._____._________$ 17,873,678.00

Provided that of the above amount, at least $300,000.00 from grants shall be used for Day Care Centers for the Mentally Retarded.

L. Southwestern State Hospital. For the cost of operation, including pre-admission and post-discharge
services.

1970-71 ..._.._.________...........__.__..............._...._.$ 5,664,000.00

M. Tuberculosis Control Program. For the cost of operation, including in-patient hospital care, diagnostic services and field investigation; for the training of staff
and early development of services for the mentally ill to
be provided by the Georgia Regional Hospital at Rome.

1970-71 ......__....____._.___-......._...._.._...______.$ 3,881,700.00

N. Water Quality Control Division. For the cost of operation.

1970-71 ______________________.................__.__,,_______.__..$ 412,056.00

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 have authority to transfer funds to the Medical Assist ance 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 serv ices 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 Governor's Budget Recommendations for 1970-71 for operating expenses and additional personnel as necessary to met requirements for payment or reimbursement, sub ject to prior approval by the State Budget Bureau.

HIGHWAYS
Section 51. Highway Department.
A. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Sec tion 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 re-

MONDAY, FEBRUARY 9, 1970

1241

funds, 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 records of the State as be ing the appropriation payable in lieu of the amount appropriated herein.

For general administrative cost of operating the Highway Department, including equipment and com pensation claims.
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 obligations shall be less than the amount provided in the amended Budget Report, such excess amount may be used and is herein specifically appropriated for new au thority lease rentals to permit the issuance of bonds to finance new projects.
For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal gov ernment 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 vided 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 substi tute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to met 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.
1970-71 ...._____-_..._-----_-..-_--------_--.$140,682,987.00

1242

JOURNAL OF THE HOUSE,

B. Grants to counties. For grants to counties for aid in county road construction and maintenance.

1970-71 _.._._._.._..-_..._._......_..._..__........__.__.___$ 4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.

1970-71 ________._____.__._____________.______.____.$ 4,500,000.00

Provided that the appropriations in B above shall be distributed and disbursed by the State Treasurer as pro vided by law.

The sum appropriated under C 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.

D. Capital Outlay -- Airport Development--State Share of Airport Development.
1970-71 ___-_______-__________.-.__._________.___-____-_-_____$

140,000.00

Section 52. Grants to Counties and Municipalities.
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.
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 accord-

MONDAY, FEBRUARY 9, 1970

1243

ance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Gov ernor 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 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.

1970-71 -.----._.____-..__________-____..____.,,_.....,,$ 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.

1970-71 .._.__.._...___________ _____,,_____________-____$ 3,450,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

PART IV.
MISCELLANEOUS
Section 53. 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.
1970-71 ___------_.-----,,--------____------_______.$ 2,000,000.00
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 collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale 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 gasoline.
Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution

1244

JOURNAL OF THE HOUSE,

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 pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this Ap propriations Act between any department, agency or in stitution 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, 1970, 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 sum 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 depart ment, agency or institution involved, an amount suf ficient 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 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 1970 session, except as other wise specified in this Act; provided, however, the Direc tor of the Budget is authorized to make internal transfers within a Budget unit between objects and programs sub ject 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 appropria tion 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) mem bers of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to con sider 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 Ap propriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the object expenditures of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Direc-

MONDAY, FEBRUARY 9, 1970

1245

tor of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Gov ernor 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 man
ner 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 appropria tions authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, ex cept authority lease rental funds and other constitution ally obligated funds, as provided by Georgia Code Sec tion 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 Section 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
1970-71 __--___._.._-_.___-___,,__________--._________...$1,082,586,257.90.
Section 58. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 25. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

The Speaker resolved tne House into a Committee of the Whole, designating
Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB 1100.

1246

JOURNAL OF THE HOUSE,

The Committee of the Whole arose and through its chairman reported HB 1100 back to the House with the recommendation that the same Do Pass, by substitute, as amended.

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Ap propriation Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

ARTICLE I.
This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1969-70.

Section 1. An Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969, p. 880), is hereby amended by striking from Section 5, relating to Superior Courts, the figure "1,756,967.00" and inserting in lieu thereof the figure "$2,257,000.00".

Section 2. Said Act is further amended by adding a new section to be known as Section 7-A, to read as follows:

"7-A. Air Transportation, Department of.

1969-70 _--_..__---__-__._.____.__.._-$ 173,919.00".

Section 3. Said Act is further amended by strik ing from paragraph (b) of Section 16, relating to grants to Area Planning and Development Commis sions under the Planning and Programming Bureau, the figure "$823,200.00" and inserting in lieu there of the figure "$852,200.00".

Section 4. Said Act is further amended by strik ing from paragraph A. of Section 18, relating to the general operating costs of the Department of In dustry and Trade, the figure "$2,591,014.00" and inserting in lieu thereof the figure "$3,019,095.00".

Section 5. Said Act is further amended by strik ing from Section 25, relating to the Public Service

MONDAY, FEBRUARY 9, 1970

1247

Commission, the figure "$688,131.00" and inserting in lieu thereof the figure "$713,131.00".

Section 6. Said Act is further amended by strik ing from Section 26, relating to the Supervisor of purchases, the figure "$467,653.00", and inserting in lieu thereof the figure "$497,653.00".

Section 7. Said Act is further amended by strik ing from paragraph A of Section 35, relating to the operation of all activities of the Department of Agri culture, including the operation of Farmer's Markets, the figure "$7,553,575.00" and inserting in lieu there of the figure "$7,653,575.00".

Section 8. Said Act is further amended by strik ing from Section 36C., relating to the Game and Fish Commission, the figure "$3,474,013.00" and inserting in lieu thereof the figure "$3,481,116.00".
Section 9. Said Act is further amended by strik ing from Section 36K., relating to the Soil and Water Conservation Committee, the figure "$409,548.00" and inserting in lieu thereof the figure "$427,800.00".
Section 10. Said Act is further amended by strik ing from Section 37 B. the figure $790,000.00" and inserting in lieu thereof the figure "$480,000.00".
"Changed object:
Authority Lease Rentals .,,__......_.....__.$ 840,000.00."
Section 11. Said Act is further amended by adding at the end of Section 40 A., the following:
"Changed object:
All other grants ._.__.._____.___.___$ 392,976,827.00".
Section 12. Said Act is further amended by strik ing from Section 40 B. the figure "$26,301,000.00" and inserting in lieu thereof the figure "$29,155,159.00".
"Changed objects:
Direct payments to School Systems for capital outlay purposes _.._...______.___.___$ 2,191,613.00.

1248

JOURNAL OF THE HOUSE,

Authority lease rental payments to the Georgia Education Authority (Schools) on be half of school systems ____._____.._-._.....___.$ 26,569,044.00.,

and by adding at the end thereof the following.

"Provided that from the above appropria tion the amount of $3,300,000.00 is designated and committed for additional lease rentals to said authority to permit the issuance of Bonds to finance new projects."

Section 13. Said Act is further amended by strik ing from paragraph C. of Section 47, relating to Bene fits--AFDC Program under the Department of Family and Children Services, the figure "$11,716,143.00" and inserting in lieu thereof the figure "$13,616,743.00", and by adding at the end there of the following:

"Changed objects:

Benefits ____...____-___...._.___._._._$ 152,663,500.00 Grants to Counties -_...___._.._....._.___.$ 22,244,000.00."

Section 14. Said Act is further amended by strik ing from paragraph E of Section 47, relating to Grants to Counties for administration and services, under the Department of Family and Children Serv ices, the figure "$9,390,900.00" and inserting in lieu thereof the figure "$7,790,900.00", and by adding at at the end thereof the following:
Changed object:

Grants to Counties _.._.______._._._...__.$ 22,244,000.00".

Section 15. Said Act is further amended by strik ing from paragraph J. of Section 48, relating to the Medical Assistance Program, under the Department of Public Health, the figure "$20,352,337.00" and inserting in lieu thereof the figure "$20,592,337.00".

Section 16. Said Act is further amended by strik ing Section 50, relating to the Highway Department, in its entirety and inserting in lieu thereof a new Sec tion 50 to read as follows:

"Section 50. Highway Department.

A. Appropriation of all funds in this Sec tion is to be in conformity with and pursuant

MONDAY, FEBRUARY 9, 1970

1249

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 autho rized 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 immediate ly 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.

For general administrative cost of operat ing the Highway Department, including equip ment and compensation claims.

For lease rental obligations of the High way Department to Georgia Highway Authority and the Georgia Building Authority in accord ance 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 obli gations shall be less than the amount provided in the amended Budget Report, such excess amount may be used and is herein specifcally ap propriated for new authority lease rentals to per mit the issuance of bonds to finance new projects.

For State matching participation in costs of construction, reconstruction, improvement in high way 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 appor tionment for the same year. For the cost of road and bridge construction and surveys, mainten ance and improving the State Highway System of roads and bridges, and the costs incident therethereto (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 comple tion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget

1250

JOURNAL OF THE HOUSE,

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 Rev enues actually paid into the Treasury and con stitutionally appropriated to the State Highway Department.
1969-70 ....--..__.......__.___._......___~_.__$ 132,374,501.39

B. Grants to Counties. For grants to coun ties for aid in road construction and mainten ance.
1969-70 _-_-_-.-_---_---____..._.._..-___$

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.
1969-70 ---__---___-________.-- ____$

4,500,000.00

Provided that the appropriations in B. above shall be distributed and disbursed by the State treasurer as provided by law.

The sum appropriated under C. shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the propor tion 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 an nually that funds receive under this Section have been expended in accordance with the law and the Constitution, and file the same with the Di rector of the Highway Department. At the re quest 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.

D. Capital Outlay--Airport Development-- State Share of Airport Development.
1969-70 -_____..__.._.___..._._.__...__._.$

91,360.00

MONDAY, FEBRUARY 9, 1970
E. Capital Outlay--Blue Ridge Parkway Land Acquisition ._.._._____._.__________.._$

1251 1,500,000.00".

Section 17. Said Act is further amended by strik ing from Section 52, relating to the Governor's Emer gency Fund, the figure "$2,000,000.00" and inserting in lieu thereof the figure "$2,140,000.00".

Section 18. Said Act is further amended by strik ing from Section 57, relating to the Total Appropria tion for 1969-70, the figure "$943,173,883.59" and in serting in lieu thereof the figure "$943,751,554.98".

Section 19. The appropriations provided for the budget units in Article I shall be expanded by object classifications as contained in the Governor's recom mendations in the amended Budget Report relative to the fiscal year 1969-70.

Section 20. The training and development pro grams of the Department of Corrections which are funded 100% with Federal funds for a portion of fiscal year 1970 may be funded for the remainder of fiscal year 1970 with State or other agency funds.

The Comptroller General, the Forestry Commis sion, the Game and Fish Commission and the Depart ment of Public Safety are hereby authorized to utilize any surplus funds accruing in personal Services from unfilled budgeted positions to permit early recruit ment of new positions recommended for fiscal year 1971, provided the positions are approved by the Gen eral Assembly.

ARTICLE II.
This Article relates only to changes in the ap propriations and provisions relative to the fiscal year 1970-71.
Section 21. Said Act is further amended by strik ing the appropriations and other provisions relative to the fiscal year 1970-71, and inserting in lieu there of the following new provisions which shall be the appropriations and provisions for said year and which shall be applicable only to the fiscal year 1970-71. It is not the intention of this Article II and this Section 21 in any way to change the provisions of the afore said 1969 Act relative to the fiscal year 1969-70.

1252

JOURNAL OF THE HOUSE,

"PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. For compensa tion, 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; and for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, Na tional Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, re pairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovat ing and repairing the housing and other facilities for the Legislative Branch; for cost of compiling, pub lishing 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 pro vided by resolution; and for cost of Legislative Serv ices Committee and the Office of Legislative Counsel as authorized by law.
1970-71 .--.-_______-___-_________--$

4,825,000.00

Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legisla tive Branch of Government. The Committee is hereby authorized to promulgate rules and regulations rela tive to the expenditure 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 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. 1970-71 __.__--_____._..___..___._____$

894,350.00

B. Tax Ratio Study. 1970-71 ._...________-______________$

350,000.00

MONDAY, FEBRUARY 9, 1970
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. For the cost of oper ating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and two Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus po sition established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953 Nov.-Dec. Sess., pp. 478-479.
1970-71 --__--------__-__----_...------$
Changed object:
Personal Services ___-____-__._____$

1253
558,725.00 543,569.00

Section 4. Court of Appeals. For the cost of operating the State Court of Appeals, including sal aries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed ap propriation shall be increased by the amount of $12,000.00 per annum for each additional emeritus po sition established during the fiscal year.
1970-71 _
Changed object:
Personal Services

728,990.00 686,990.00

Section 5. Superior Courts.
A. For the cost of operating the Superior Courts of the State of Georgia, including such con tingent 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 appropria tion shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.
1970-71 --.___-__--____-----,,_------__,,_$ 2,271,800.00

1254

JOURNAL OF THE HOUSE,

Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per an
num for each Judgeship created by law during the 1970 session of the General Assembly.

B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by law for the District Attorneys and District At torneys Emeritus. Provided, however, that the listed appropriations shall be increased by the amount of $6,000.00 per annum for each additional District At torney Emeritus position established duirng the fiscal year.
1970-71 ._...._______-________________..___.$

976,800.00.

Section 6. For the cost of printing and distribut ing the reports of the Supreme Court and Court of Appeals.
1970-71 ______________.______________.__._-._,,$

35,000.00

PART III.

EXECUTIVE BRANCH GENERAL GOVERNMENT

Section 7. Commission on Aging. 1970-71 _____-___._.-_._:_____..._.____-$

75,556.00

Changed objects:

Personal Services ____._.__________.___._ Operating Expenses ._.________._____

114,430.00 36,126.00

Section 7A. Air Transportation, Department of 1970-71 __._________-____________.__._.____.$ Changed object:
Operating Expenses _._-_-__-___________,,___$

262,685.00 270,700.00

Section 8. Art Commission, Georgia. 1970-71 ____.__-_____..._.._.._._-__._____.____$

62,060.00

Changed object:

Operating expenses _______...______.$

29,600.00

MONDAY, FEBRUARY 9, 1970

1255

Section 9. Banking, Department of. 1970-71 ___.___-----__-____--___Section 10. Capitol Square Improvement Com mittee. A. Operating Costs. 1970-71 ___---___-__--___------_--$

672,700.00 150,000.00

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 Facili ties.
1970-71 ----------_----__.____.._.._____$

3,112,752.87

Section 11. Comptroller General. For the cost of operating the office of the Comptroller General, In surance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act.
1970-71 --___--__---.---------__.----..--.$

1,770,400.00

Changed object: Personal Services _____-------------__-$

1,319,875.00

Section 12. Coordinator of Highway Safety.

1970-71 _--__________._.____------$

98,400.00

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil De fense Division, and the Office of Emergency Plan ning.
1970-71 __._-,,..__.,,_____.___.----__--------.$

1,206,054.00

Section 14. Executive Department.
A. For the costs of operating the Executive De partment, including the costs and maintenance ex penses for the Executive automobiles, transporta tion costs and communication expenses at the Man sion; and for the contingent expenses of the Depart-

1256

JOURNAL OF THE HOUSE,

ment, such as rewards, dues to the Governors' Con ferences, the Southern Interstate Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special committee expenses.
1970-71 ___......__.___._._.___________-__$

637,600.00

B. For the Governor's Mansion allowance. 1970-71 .________.-.-..______-__-..---.$

25,000.00

Section 15. Budget Bureau. 1970-71 ..______________.______._.___.____$

341,500.00

Section 16. Planning and Programming Bureau.

(a) General Operating Costs. 1970-71 ._.__._______._.___.______.____$

674,908.00

(b) Grants to Area Planning and Development Commissions.
1970-71 ___...__._.__________...____.$

884,300.00

Section 17. Georgia Historical Commission. 1970-71 ...__........____._______.___._._._...$

524,500.00

Section 18. Industry and Trade, Department of.

A. General Operating Costs. 1970-71 __________...___._..__......_--$ 3,164,300.00

B. Capital Outlay--Metropolitan Atlanta Rapid Transit--To be expended under contract with the Metropolitan Atlanta Rapid Transit Authority.
1970-71 _________..___._.__.______--$

45,700.00

C. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Ports Authority.
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.
1970-71 .__.......____._...___________...._...$

394,658.00

MONDAY, FEBRUARY 9, 1970

1257

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1970-71 __._.____.____-__.____-_._._$

115,000.00

C. Work Incentive Program. 1970-71.______.....______

362,739.00

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 Government, shall be paid from this fund. No other agency is authorized to expend funds ap propriated 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 reimbursement to the Department of Law by the State Highway Depart ment for expenses incurred for legal services by any Assistant Attorneys 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 road system, and contract law suits, or unless the payment is made from funds appropriated to the Ex ecutive 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.
1970-71--__------___-_----____..__..$

1,006,200.00

Section 21. Library, State. 1970-71-.-__---______.

135,800.00

Section 22. Literature Commission, State. 1970-71--__----_._____----_____,,_.__$

20,000.00

Section 23. Pharmacy Board. For cost of oper ating the office of Chief Drug Inspector.
1970-71 __----_.__-____.______.. ..$
Changed objects:
Personal Services _____________.. _$ Operating Expenses __..__..____. _$

229,000.00
177,200.00 51,800.00

1258

JOURNAL OP THE HOUSE,

Section 24. Public Safety, Department of. 1970-71 _._._.__...________.._..__.___.______$ 15,758,575.00 Changed objects:
Personal Services ..._____________________.__$ 11,972,286.00 Operating Expenses _________._____..____$ 4,643,451.00

Provided, however, that the Director of the De partment 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 Ameri
can Association 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.
1970-71 ________-__________._..._.__$

769,320.00

Section 26. Purchases, Supervisor of. 1970-71 _________,,________._.___..___..__.__$ Changed object:
Workmen's Compensation Reserve Fund __..$

1,318,700.00 350,000.00

Section 27. Recreation Commission. 1970-71.__.__.____._---..-..-....._._._________._________$

118,800.00

Section 28. Revenue, Department of.

A. For cost of operating the Department of Revenue.
1970-71 ....__...__.__..___._._._..___.._._______$ 14,530,328.00

B. Motor Vehicle Tag Purchases. 1970-71 ...____..___________,,__.....__.....$

1,409,100.00

C. Loans to counties--Tax reevaluation. 1970-71 __.________.__.__.____.___.___.$ Changed object:
Loans to counties--Tax reevaluation ___._.___...._$

110,000.00 110,000.00

MONDAY, FEBRUARY 9, 1970
In addition, there is hereby appropriated for the fiscal year 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 $290,000.00. Such amount shall be avail able for further tax evaluation loans to counties.
Section 29. Science and Technology Commission.
1970-71 ---___------------------------__.___.___.$

1259 101,400.00

Section 30. Secretary of State.

A. Archives and Records. For the cost of opera tions of archives and history, microfilming and hous ing records, and the State Museum, including lease rental payments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per annum.
1970-71 .__--___---__-_______-__ ..$
Changed object:
Personal Services

1,576,700.00 628,200.00

B. Buildings and Grounds. For the cost of oper ating the State Capitol Building and grounds, the maintenance of Confederate cemeteries and for insur ance on public property not otherwise provided for.
1970-71 .___.__...._.__--______-_----_-|

523,700.00

C. Combined Divisions. For the cost of operat ing the office of Secretary of State, and all other pro grams administered through such office.
1970-71---___________________...___3

972,800.00

D. Examining Boards. 1970-71.______--_

1,248,200.00

E. Executive Center. For operation of Executive Center.
1970-71----------------__-_.--__------_$

69,300.00

1260

JOURNAL OF THE HOUSE,

P. Special Repairs, Capitol Building and Legis lative Chambers, Rooms, Offices and Facilities.
1970-71-___-_____-____-_______-$

100,000.00

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Commission.
1970-71---__------------_._._____-___,,_.$

50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1970-71 --.____________._____--.___$

165,500.00

Section 33. Veterans Service.

A. For the cost of operating the Department of Veterans Service.
1970-71 ____--.__.______-__________.$

1,309,700.00

B. For the cost of operating the Veterans Serv ice Board, War Veterans Home, and Veterans Nurs ing Home.
1970-71-_--._-___---_..___-__.__..__--$

2,072,500.00

C. For the cost of pensions to Confederate Widows.
1970-71 -_------_--.__._______.______$

47,780.00

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.
1970-71 __..___--.__________.___._____..--$

763,357.00

AGRICULTURE AND CONSERVATION

Section 35. Agriculture, Department of.
A. For the operation of all activities of the De partment including the operating of Farmer's Mar kets.
1970-71----------____-___.__-_.----._ $
Changed objects:
Personal Services ..__..__------__------$ Operating Expenses ________.__....__,,$ Capital Outlay _______.__..----_--___.$

9,137,288.10
6,476,273.80 3,279,645.30
236,000.00

MONDAY, FEBRUARY 9, 1970
Provided that from the above amount $100,000.00 shall be used for capital outlay, Farmer's Market at Jesup, Georgia. From the above amount the sum of $59,248.10 shall be used for the establishment and maintenance of a grain and feed inspection and grad ing station at Valdosta. From the above amount the sum of $32,304.00 shall be used for inspection pro grams. From the above amount the sum of $18,936.00 shall be used for the mastitis quality milk program. From the above amount the sum of $8,000.00 is allo cated to entomology to comply with the provision of H.B. 1169.
B. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Building Au thority (Markets).
1970-71--.--.--____...___.._____-----__$

1261 875,000.00

C. Fire Ant Eradication. 1970-71 __.____.____-__._____._-- _----$

1,500,000.00

Section 36. Conservation. A. Conservation, Commissioner of. 1970-71-------------____----__-__--.__------.$ Changed object:
State Assistance Fund Grants _._..__._--$

66,167.00 44,012.00

B. Forest Research Council. 1970-71 ----------.----__.____-_____........_.,,$ Changed object:
Capital Outlay ...__----.___._______._.$

435,374.00 -- 0--

C. Forestry Commission. 1970-71 __.__.----___----_____________..$

6,774,916.00

D. Game and Fish Commission. 1970-71....___--_._____.____________.$

4,120,500.00

1262

JOURNAL OF THE HOUSE,

E. Georgia Commission for the Development of Chattahoochee River Basin.

1970-71 .___.._._......._.__.__-_.______-----_.----__.$

6,920.00

F. Jekyll Island Committee.

1970-71 ____.___.....__._..____-_-----$ 400,000.00

Changed object:

Operating Expenses __..__._._._..__._._.$ 400,000.00

G. Lake Lanier Islands Development Commis sion.

1970-71 __.....____.__._._.__....__.___....__.$ 261,000.00

H. Mineral Leasing Commission.

1970-71 ._.__.___________________--...$

5,000.00

I. Department of Mines, Mining and Geology, including Oil and Gas Commission, and dues to the Interstate Oil Compact.

(a) Regular Operations.

1970-71.__..._---._.__.____...._____--__._.$ 686,700.00

(b) Surface Mined Land Use Board. 1970-71_______________..___._______$

124,656.00

J. North Georgia Mountains Commission. 1970-71 ___..._..__----..-___.______...__.$

206,000.00

K. Department of Parks.

(a) For general operation and development of State Parks.
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 $34,700.00 in 1970-71.

2,224,855.00

MONDAY, FEBRUARY 9, 1970

1263

Provided that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission.

(b) Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Jekyll Island-State Parks Authority.
1970-71 __----.------__...___..___------.,,-_$

1,146,000.00

(c) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Stone Mountain Memorial Association.
1970-71-__-___._._._..__._--.__--_..- .$

1,000,000.00

(d) Reclamation of Natural Resources--Grants.

1970-71 ._.._.________--...--____..___.._..__$ Changed object:

419,000.00

Operating Expenses--Grants ___--____.._$ 419,000.00

Provided that the above amount shall be used only for reclamation of beaches at Tybee Island, Georgia, pursuant to Act No. 731, passed at the regular 1970 session of the General Assembly, in connection with the United States Corps of En gineers.

L. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Con servation Committee.
1970-71-___-___..___...__._.__..____._..$

466,908.00

M. Stone Mountain Memorial Committee. For operating costs including costs of improvement by con vict labor.
1970-71---__.____-__------.__..._____$

150,000.00

N. Groveland Lake Development Committee. 1970-71 -__._..__.__._____--___-__-__.$

122,200.00

CORRECTIONS

Section 37. Corrections, State Board of.

A. For the administrative expenses of the State

1264

JOURNAL OF THE HOUSE,

Board of Corrections, including the cost of operation of the State Prison System.

1970-71._________..__._____....____..__....$ 15,519,030.00

Provided that no funds appropriated in this Sec tion or otherwise available shall be used to pay a sal ary in excess of the Director's salary, except sal aries for physicians.

B. Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Georgia Building Authority (Penal).

1970-71 _______..___.___..__.___-.-_._$ 1,067,000.00

Changed object:

Authority Lease Rental _...____._____$ 1,067,000.00

Section 38. Pardons and Paroles, State Board of.

1970-71 .______..__....__________._..__$ 1,355,000.00

Section 39. Probation, State Board of. For the cost of operating the statewide probation system, administered by the State Board of Probation.

1970-71 ___..___.__.______.__._-__._.$ 2,058,355.00

Changed objects:

Personal Services _._._._.._......_._._..__.___$ 1,717,042.00 Operating Expenses ____________.__.$ 347,313.00

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 pro grams for exceptional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public com mon schools; for the salaries of county school super intendents; for the operating costs of the Department;

MONDAY, FEBRUARY 9, 1970

1265

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' Re tirement 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 contributions to the Teachers' Retirement System ap plicable to such salary.

1970-71 ----_----____----_______________.__$ 399,354,857.90

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 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 appropri ation for programs for which commitments have al ready 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 counselors, and other certificated professional per sonnel.

Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation ser vices to eligible persons who have renal diseases.

Provided that from the above amount $2,500,000.00 shall be used as a special grant to local systems as provided in Section 28 of the Minimum Foundation Program of Education Act. The distribution of these funds shall be applied to reduce the required local

1266

JOURNAL OF THE HOUSE,

effort. Such distribution of these funds shall be made to local school systems on a pro rata basis in propor tion to the share of each system of regular State Mini mum Foundation Funds.

Changed objects:

Teachers' Salaries .....__.___..._.__...._..__.._._.._.___.___.$ 229,975,501.00

Other Certificated Professional Personnel Salaries _..._._......__..__.._............__......$ 38,326,286.00

Maintenance, Operation and Sick Leave __,,__...__.._.._.._..__.___...__.$
Isolated Schools __.....___....__...___.........,,_$
Superintendents' Salaries .._.__..........................$

38,903,166.00 45,582.00
2,368,062.00

Public Librarians' Salaries and Travel .........__.__._.___..._.__...............__..$
Teachers' Retirement Employer Contribution .....__..__...__..._____._____,,________$
Vocational Education High School Program _........___.___...__........._..$

1,706,725.00 20,337,404.90 4,519,648.00

Area Vocational Technical School Program .........__...___..__.__._$
Educational Services Across County Lines ...___._._.___._._.....__.....__......$
Contingency Fund ....._..__......_____._..$

13,638,610.00
1,006,250.00 2,500,000.00

B. Capital Outlay--Authority Lease Rentals.

1970-71 ...______._____._____._____.--$ 24,471,999.00

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
Contracts.

Provided that from the above appropriation, the amount of $1,000,000.00 is designated and committed for additional Lease Rentals to said Authority to per mit the issuance of bonds to finance new projects.

Changed objects:

Grants to School Systems for Capital Outlay Purposes --.__._____.

Direct Payments to School

Systems for Capital Only

Purposes _....--_._._._._._....

..$

--0-- 2,191,613.00

MONDAY, FEBRUARY 9, 1970

1267

Authority Lease Rental Payments to the Geor gia Education Authority (Schools) on behalf of School Systems ._-____.______._.____$ 21,885,884.00

Section 41. Educational Improvement Council. 1970-71 _.___.__-___._.______..__..,,.__.$

125,030.00

Section 42. Higher Education Assistance Com mittee.
1970-71 ________.__..__.....__._..,,..__.._.__...$

935,040.00

Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, in cluding the payment of medical scholarships as au thorized by provision of the Georgia State Constitu tion.

1970-71 _,,__

-$

222,000.00

Section 44. Ocean Science Center of the Atlantic.
Changed objects:
Capital Outlay ._...___._..._...._.__.._._..$ Skidaway Institute of Oceanography __.__. 1970-71

235,500.00
--0-- 622,880.00

Section 45. Public School Employees' Retirement System.

1970-71

--__-___.$ 2,501,217.00

Section 46. 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 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

1268

JOURNAL OF THE HOUSE,

of the cost of any employer contribution to the Teach ers' Retirement System applicable to such salary.
1970-71 ..__.._______-__-_____________..____---$ 159,530,600.00
Changed object: Operating Expenses ________._______________,,__._.._-_____$ 34,201,178.00

Provided that from appropriated funds, the amount of $18,578,641.00 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said ap propriation for Lease Rentals, the amount of $2,500,000.00 is designated and committed to pay rentals to the Georgia Education Authority (University) to per mit the issuance of new bonds to finance new proj ects. 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 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 com mitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

No funds realized by the State Board of Regents of the University System or any school or college, from the General Fund of the State, 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 for educational and general or plant purposes until made available by written approval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended. 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.
1970-71 ______________________.__$

7,333,000.00

Section 47. State Scholarship Commission. 1970-71 ._____.________.___________$

1,019,000.00

MONDAY, FEBRUARY 9, 1970

Section 48. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.

1970-71

_$

1269 347,000.00

Section 49. Public Welfare, Department of Family and Children Services.

A. For the cost of operations of the State Welfare Programs.
1970-71 __.__...__..______--_.._._____$

3,990,800.00

B. Benefits--Adult Programs for matching Fed eral funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1970-71 __-----___--------------__...__----$ 17,137,461.00

Changed object:

Benefits--Adult Programs

90,798,020.00

C. Benefits -- AFDC Program. For matching Federal funds to provide benefits to families with de pendent children.

1970-71 .__.___

--$ 17,866,743.00

Changed object:

Benefits--AFD Programs

...-$ 88,682,417.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.

1970-71 --___--.

..$

1,658,406.00

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 authority to make such transfer, subject to ap proval by the Fiscal Affairs Subcommittees of the House and Senate.

1270

JOURNAL OF THE HOUSE,

E. Grants to Counties for administration and ser vices. For the cost of participating with the Federal government and counties in the administration of local welfare programs.

1970-71 _..._._...._.______.....__........_____.._.__$ 11,526,255.00

F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned de tention centers.

1970-71

9,458,900.00

Provided, however, the $600,000.00 allotted under this Section for grants to county-owned detention cen ters shall be distributed to the several counties for op erating expenses of the said centers without restric tion.

G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.

1970-71 .......__....__......._____________....$ 158,000.00

Section 50. Department of Public Health.

A. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Building Authority (Hospitals).

1970-71 .___.._______.___...._____._._..___.....__$ 5,884,000.00

The Regional Hospital at Rome shall be designated as the 'Northwest Georgia Regional Hospital'. The Re gional Hospital at Columbus shall be designated as the 'West Central Georgia Regional Hospital'.

B. Central State Hospital. For the cost of opera tion, including pre-admission and post-discharge ser vices.
1970-71--___.-_-__.___.--_-_.._-_-..___....._.__._....._.______$ 34,555,551.00

C. Georgia Mental Health Institute. For the cost of operation, including pre-admission and post-dis charge services.
1970-71 ..._________________________$ 6,004,200.00

MONDAY, FEBRUARY 9, 1970

1271

D. Georgia Regional Hospital at Atlanta. For the cost of operation, including pre-admission and post-discharge services.

1970-71 __...__...__.__.__..._.__.__...._.._..._$ 5,557,900.00

E. Georgia Regional Hospital at Augusta. For the cost of operation, including pre-admission and postdischarge services.
1970-71 .__---__..____...._____..____.$ 4,041,300.00

F. Georgia Regional Hospital at Savannah. For the cost of operation, including pre-admission and postdischarge services.
1970-71 ...____.___._._____.._____.___.$ 3,160,000.00

G. Georgia Retardation Center. For the cost of operation, including pre-admission and post-discharge services.
1970-71________.__..__.__.______....__.$ 6,597,105.00

H. Gracewood State School and Hospital. For the cost of operation, including pre-admission and postdischarge services.
1970-71 _____.____.....__.._..._...._._.._.......$ 10,569,946.00

I. Medical Assistance Program. For the cost of operation.
1970-71 ..___-_____.._.._.___.__...__,,.._.$ 26,171,845.00

J. Medical Facilities Construction. For aid to lo cal government subdivisions in establishing, construct ing 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 Re tardation 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.
1970-71 _._._.__.....__.__.._.._..__________..__$ 2,000,000.00

1272

JOURNAL OF THE HOUSE,

K. Regular Operations. For the cost of opera tion.

1970-71 _.._.._._________.____._..________.._..$ 17,941,178.00

Changed object:

Operating Expenses _______........____.$ 6,347,985.00

Provided that of the above amount, at least $367,500.00 from operating expenses shall be used for Day Care Centers for the Mentally Retarded.

L. Southwestern State Hospital. For the cost of operation, including pre-admission and post-discharge services.

1970-71

5,664,000.00

M. Tuberculosis Control Program. For the cost of operation, including in-patient hospital care, diag nostic services and field investigation; for the training of staff and early development of services for the men tally ill to be provided by the Georgia Regional Hos pital at Rome.

1970-71 _.._..__.__..----_------._____....----.$ 3,881,700.00

N. Water Quality Control Division. For the cost of operation.
1970-71---.___.____.

535,544.00

Changed objects:
Personal Services ._. Operating Expenses

574,238.00 181,706.00

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 Sec tion shall have authority to transfer funds to the Medi cal Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggre gate amounts remitted to the transferor institution in payment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX reim bursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recom mendations for 1970-71 for operating expenses and ad ditional personnel as necessary to meet requirements

MONDAY, FEBRUARY 9, 1970

1273

for payment or reimbursement, subject to prior ap proval by the State Budget Bureau.

HIGHWAYS

Section 51. Highway Department.
A. 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 au thorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to de termine 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.

For general administrative cost of operating the Highway Department, including equipment and com pensation claims.
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 High way Department. Provided that in the event that lease rental obligations shall be less than the amount pro vided in the amended Budget Report, such excess amount may be used and is herein specifically appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.
For State matching participation in costs of con struction, 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 avail able 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 in cident 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

1274

JOURNAL OF THE HOUSE,

secure the full benefit of the Federal aid program. Pro vided, 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 FederalState 90-10 projects, the Budget Bureau is hereby au thorized 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 con stitutionally appropriated to the State Highway De partment.

1970-71 _______________________________.,,_______._____$ 140,682,987.00

From the above amount a $400.00 per annum across the board salary increase shall be paid to all full-time employees of the State Highway Department.

B. Grants to counties. For grants to counties for aid in county road construction and maintenance.

1970-71 __________-___--_._..___._____$ 4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.

1970-71 ._.__..._________________-_______-____$ 4,500,000.00

Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law.
The sum appropriated under C. shall be dis tributed 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 re ceived under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Director of the Highway Depart ment. At the request of the Governor or the Budget Bureau or the Director of the State Highway Depart ment, 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.

MONDAY, FEBEUARY 9, 1970

1275

D. Capital Outlay--Airport Development--State Share of Airport Development.

1970-71 ._..____------_______._______-_-______$ 140,000.00

Section 52. Grants to Counties and Municipalities.

A. Grants to Municipalities. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

1970-71 ______________________._____.$ 9,317,000.00

Provided, further, that a member of the govern ing authority 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 re quest 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 mu nicipality 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.

1970-71 __.____...__-_______-___-__.--_..__$ 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.

1970-71 _.............__-_-___

3,450,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

PART IV.
MISCELLANEOUS
Section 53. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Gov ernor and to be expended by the Governor in his dis cretion in any emergency that he may determine re quires expenditure of any part of said fund. Expendi-

1276

JOURNAL OF THE HOUSE,

tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

1970-71 ...___..__.__..._._____________.._._._..$ 2,000,000.00

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 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 covering shrinkage in the process of retail ing 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 re tailing gasoline.
Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Con stitution 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 Appropriations Act between any depart ment, agency or institution of the State, and any au thority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1970, and for each and every fiscal year there after, 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 insufficient in any year to make the re quired 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 consti tutes 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 contracts 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 Gen eral Assembly at the regular 1970 session, except as

MONDAY, FEBRUARY 9, 1970

1277

otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make in ternal transfers 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 cur rently having an appropriation, nor which would re quire 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 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 Appropria tions Committees of the Senate and House of Represen tatives of all instances revealed in his audit in which the object expenditures 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 Bud get Report contains no recommendation by the Gover nor 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 condi tions 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 appropriations 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 di rected to economize wherever possible and in the event any part of the appropriations provided in the fore going Section 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.

1278

JOURNAL OF THE HOUSE,

TOTAL APPROPRIATION

1970-71 ......___.....__.._._..___..____,,__..__.__-___,-$l,079,936,564.90

Section 58. All laws and parts of laws in conflict with this Act are hereby repealed."

Section 22. Wherever in this Act the term "Changed Objects" is used, it shall mean that the ob ject classifications following such term shall be changed to the amounts following such object classifi cations from the amounts listed in the Budget Report therefor. Such changes shall be for both fiscal years.

Section 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

The Committee of the Whole moves to amend Com mittee Substitute to HB 1100 as follows:

By adding a new Section to Article I to be known as Section 14A to read as follows:

"Section 14A. Said Act is further amended by striking from paragraph G. of Section 47, re lating to other institutions under the Department of Family and Children Services, the figure '$95,000.00' and inserting in lieu thereof the figure '$345,000.00' and by adding at the end thereof the following:
'Operating Expenses ...___-_._._._____.$

1,755,800.00'.

For the purposes of this Section 14A, the 1969-71 Budget Report presented to the General Assembly at the regular 1969 session shall be used."

The Committee of the Whole moves to amend Com mittee Substitute to HB 1100 as follows:

By striking Section 11 from Article I and insert ing in lieu thereof a new Section 11 to read as follows:

MONDAY, FEBRUARY 9, 1970

1279

"Section 11. Said Act is further amended by striking from Section 40 the following:

'Teachers Salaries ....._..._._.__.._.,,__,,_..._._,,$ 210,144,694.00'

and inserting in lieu thereof the following:

'Teachers Salaries _.__._._.___...._.........__.___$ 209,644,694.00'.

For the purposes of this Section 11, the 196971 Budget Report presented to the General As sembly at the regular 1969 session shall be used, except that for the purpose of the object class 'Vocation Education--Area Vocational-Technical Schools', the amended Budget Report presented to the General Assembly at the regular 1970 session shall be used."

The Committee of the Whole moves to amend Com mittee substitute to HB 1100 as follows:

By striking the last paragraph of Article I and in serting in lieu thereof the following:

"The Comptroller General, the Forestry Com mission, the Game and Fish Commission and the Department of Public Safety are hereby author ized to utilize any surplus funds accruing to per mit early recruitment in fiscal year 1970 of new positions recommended for fiscal year 1971."

The Committee of the Whole moves to amend Com mittee substitute to HB 1100 as follows:

By striking Section 7A of Part III in its entirety and substituting in lieu thereof the following:

"Section 7A. Air Transportation, Department of.

1970-71 .------_.__--_____..__________----$

77,832.00

Object classes to be established by Budget Bureau with Fiscal Affairs Committee approval."

The Committee of the Whole moves to amend Ar ticle 2, Section 40A of the Committee substitute to HB 1100 as follows:

By striking the appropriation of $399,354,857.90 for the year 1970-71 and inserting in lieu thereof the figure $396,854,857.90;

1280

JOURNAL OF THE HOUSE,

and by deleting lines 15 through 23 on page 26 and deleting line 12 on page 27.

The Committee of the Whole moves to amend the Committee substitute to HB 1100 as follows:

By striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. Art Commission, Georgia.

1970-71 _______________________$

88,060.00."

The Committee of the Whole moves to amend Ar ticle 2, Section 40A of the Committee substitute to HB 1100 as follows:

By striking the appropriation of $399,354,857.90 for the year 1970-71 and inserting in lieu thereof the figure $401,763,710.90;
and by striking the following:
"Maintenance, Operation and Sick Leave .__.,,$ 38,903,166.00"
and inserting in lieu thereof the following:
"Maintenance, Operation and Sick Leave .__.$ 41,312,019.00".

The Committee of the Whole moves to amend the Committee substitute to HB 1100 as follows:

By adding at the end of Section 24 of Article 2 the following Paragraph, to-wit:

"Provided further that the Dept. of Public Safety is authorized to employ 50 additional troop ers and 10 additional G.B.I, agents and the neces sary supporting personnel from the funds herein appropriated:"

The Committee of the Whole moves to amend the Committee substitute to HB 1100 by adding to Article 2, Section 30, subsection A in line 19, page 18 after the comma following the word "history" and before the word "microfilming", the following words:

"including opening said building and facilities to the general public on Saturday of each week ex cept legal holidays".

MONDAY, FEBRUARY 9, 1970

1281

The Committee of the Whole moves to amend Ar ticle 2, Section 40B of the Committee substitute to HB 1100 as follows:

By striking from line 27 on page 27 the word "only" and inserting in lieu thereof the word "outlay".

The Committee of the Whole moves to amend Atticle 2, Section 46 of the Committee substitute to HB 1100 so as to change the amount of "Changed Object: Operating Expenses" from $34,201,178.00 to $44,732.178.

The Committee of the Whole moves to amend Ar ticle 1, Section 18 of the Committee substitute to HB 1100 as follows:

By striking the appropriation of $943,751,554.98 for the year 1969-70 and inserting in lieu thereof the figure $944,001,554.98.

The Committee of the Whole moves to amend Ar ticle 2, Section 57 of the Committee substitute to HB 1100 as follows:

By striking the appropriation of $1,079,936,564.90 for the year 1970-71 and inserting in lieu thereof the figure $1,079,686,564.90.

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

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 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 Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell

1282
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 Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.
Harrison Hawes Henderson Higginbotham Hill, B. L.

JOURNAL OF THE HOUSE,

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. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt

Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Rainey Reaves Roach Ross 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. Wilkeroon Williams Wilson Wood

Those not voting were Messrs.:

Conner Ezzard

Hale Hood

McCracken Merritt

MONDAY, FEBRUARY 9, 1970

1283

Nunn Parker, C. A.

Rowland Simmons

Winkles Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 183, nays 0.

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

Mr. Gary of the 21st requested that he be recorded as having voted for the passage of HB 1100, by substitute, as amended.

By unanimous consent, HB 1100 was ordered immediately transmitted to the Senate.

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.

1284

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 10, 1970

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. Robert F. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
Our Father and our God, we thank Thee for the opportunity to assemble today as a House of Representatives to represent the wel fare of the people of our State.
As we conduct the business affairs of the State, we pray that thou wouldst constantly remind us that we are also assembled before Thee, our Lord and our God.
Strengthen and empower the Speaker and each Representative with the spirit of Christian manhood so that every Representative will act only in the best interest of the people of our State in every decision he makes.
Today, our Father, if there is bitterness or misunderstanding in our ranks resulting from some error or because of some selfish am bition, we ask Thee to give us the courage to admit our error, and then help us cleanse ourselves with unworthy ambitions.
We thank Thee for each Representative. Bless them. We pray that Thou wouldst help them make Georgia a better State.
As Thou hast blessed the State with good leadership, and as Thou has blessed us with untold wealth, now our Father, we ask Thee to mold us and make us into Georgians more worthy of Thy blessings and love.
Hear our prayer for it is prayed in the precious name of Jesus, our Lord and Saviour.
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.

TUESDAY, FEBRUARY 10, 1970

1285

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.

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

HB 1528. By Mr. Reaves of the 71st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must re ceive a majority of the votes cast for a particular office in the city election in order to be elected to said office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1529. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, so as to change the provisions relating to the compensation of certain personnel within the sheriff's office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1530. By Mr. Dickinson of the 118th:
A Bill to be entitled an Act to change the corporate limits of any mu nicipality in this State having a population of not less than 4,440 nor more than 4,470; and for other purposes.
Referred to the Committee on Local Affairs.

1286

JOURNAL OF THE HOUSE,

HB 1531. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create a new Board of Education of Gordon County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 729-1531. By Mr. Hargrett of the 58th:
A Resolution urging each and every teacher in the public and private schools of Georgia to report to their principals or law enforcement of ficials their knowledge concerning drug abuse or "pushing" on or near their school campuses; and for other purposes.
Referred to the Committee on Education.

HR 730-1531. By Mr. Paris of the 14th:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school System of Barrow County into one school district; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1532. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertain ing to the City of Dawson in the County of Terrell, and to provide a new charter therefor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1533. By Messrs. Levitas, Thomason, Harris and Farrar of the 77th, Jordan of the 74th, Dean of the 76th, Higginbotham, Davis and Westlake of the 75th, Geisinger of the 72nd, Bell and Morris of the 73rd:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system in DeKalb County for employees of DeKalb County, so as to place the Chief of the DeKalb County Police Depart ment under the DeKalb County Merit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1534. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to create the Kinchafoonee Lake Authority as an instrumentality of the State of Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

TUESDAY, FEBRUARY 10, 1970

1287

HB 1535. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to provide that nothing in this Act shall be construed to apply to private homes or private day care centers; and for other purposes.
Referred to the Committee on Welfare.

HR 732-1535. By Mr. Collier of the 54th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regu late businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1536. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce, so as to change the name of the Mayor's Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1537. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1538. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of compensa tion, so as to provide for a contingent expense allowance for the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1539. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compen sation of the treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

1288

JOURNAL OF THE HOUSE,

HB 1540. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Butts County upon an annual salary, so as to increase the clerical allowance for the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1541. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases known as the "Georgia Civil Practice Act", so as to provide that unless otherwise agreed by the parties, a deposition shall be taken in the county of residence of the deponent; and for other purposes.
Referred to the Committee on Judiciary.

HB 1542. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide for the addition of two mem bers of the Board of Education of Monroe County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1543. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act creating and establishing a Small Claims Court in each county having a population of not less than 9,213 and not more than 9,640; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for McDuffie County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1545. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Glascock County; to prescribe the jurisdiction of said court; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 10, 1970

1289

HB 1546. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions re lating to the districts from which commissioners are elected; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts, and that one commissioner shall be elected from each of said Districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1548. By Messrs. Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to provide that the County of Colquitt shall be divided into five districts, and that one member of the Colquitt Board of Education shall be elected from each such district; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1549. By Messrs. Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act creating and establish ing a new charter for the City of Moultrie, so as to include certain described properties within the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1550. By Messrs. Gaynor of the 88th, Odom of the 61st, Longino of the 98th and Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 13-2021, relating to loans upon or purchase of bank stocks by banks, so as to prohibit loans by banks on its capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes. Referred to the Committee on Banks and Banking.
HB 1551. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Stephens County, so as to change the compensation of the

1290

JOURNAL OF THE HOUSE,

judge and solicitor of the City Court of Stephens County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1552. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to abolish the present mode of compen sating the Tax Commissioner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1553. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compen sation of the members of said Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1554. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to provide for a base salary for the newly-elected sheriffs and their deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1555. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to provide for a base annual salary with annual raises for four years; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1556. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act fixing the compensa tion of the Treasurer of Crawford County, so as to change the com pensation of said Treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 10, 1970

1291

HB 1557. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an annual salary, so as to provide for a base salary for each newly-elected Ordinary of Crawford County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1558. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act prohibiting the sale or delivery of certain harmful materials to minors, so as to delete certain procedural requirements; to provide that it shall be unlawful for minors (as defined) to be admitted to any "X" rated motion pictures; and for other purposes.
Referred to the Committee on Judiciary.

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional property; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of com pensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HR 733-1560. By Mr. Rush of the 51st:
A Resolution changing the name of the Gordonia Altamaha State Park to the "Brown Thrasher State Park, Reidsville, Georgia"; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 734-1560. By Mr. Knowles of the 22nd:
A Resolution urging the Government of North Vietnam to abide by the rules of the Geneva Convention; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

1292

JOURNAL OF THE HOUSE,

HB 1561. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to create the "Constitutional Amend ments Publication Board"; to provide for membership; to provide for other matters relative thereto; and for other purposes.
Referred to the Committee on Rules.

HR 735-1561. By Messrs. Ware of the 30th, Felton of the 95th, Scarlett of the 67th and Sims of the 106th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for civil actions against the State for the recovery of damages caused by the negli gence of an employee of the State; and for other purposes.
Referred to the Committee on Judiciary.

HB 1563. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Banks County, so as to change the provisions relating to the election of members of said Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, Wilson, Atherton and Henderson of the 117th:
A Bill to be entitled an Act to amend the "Paulding County Water Authority", so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th, Harris, Levitas, Farrar and Thomason of the 77th, Jordan and Vaughn of the 74th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, and Dean of the 76th:
A Bill to be entitled an Act to change the compensation of the Judges of the juvenile courts in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1566. By Messrs. Barfield of the 71st, Davis of the 75th, Northcutt of the 21st, Mullinax of the 30th, Lane of the 44th and Crowe of the 1st:
A Bill to be entitled an Act to regulate health and dance studio serv ices, sales practices and business and financing methods; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 10, 1970

1293

HB 1567. By Messrs. Barfield of the 71st, Davis of the 75th, Northcutt of the 21st, Mullinax of the 30th, Lane of the 44th and Crowe of the 1st:
A Bill to be entitled an Act to require the owners or managers of all health or dance studios doing business in the State of Georgia to register with the Joint-Secretary, State Examining Board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 736-1567. By Mr. Morris of the 73rd:
A Resolution proposing a constitutional amendment so as to au thorize the General Assembly to provide by local act for the creation of a local government to be known as the "City and County of DeKalb" which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; and for other purposes.
Referred to the Committee on Local Affairs.

HR 737-1567. By Messrs. McDaniell, Kreeger, Wilson, Atherton and Housley of the 117th:
A Resolution declaring certain State owned property to be surplus and authorizing its disposal; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1568. 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 Hazelhurst, so as to provide that candidates for the election to the board of commissioners from each ward shall receive a majority of votes cast; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1569. By Mr. Conner of the 56th:
A Bill to be entitled an Act to create a small claims court in certain counties of this state; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of such courts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1570. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into one office of tax commissioner of Taylor County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

1294

JOURNAL OF THE HOUSE,

HB 1571. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Taylor County and providing in lieu thereof an annual salary for said officer, so as to provide an expense allowance for the sheriff for the operation of the sheriff's automobile; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1572. By Messrs. Cook and Gates of the 95th, Adams of the 100th, Shepherd of the 107th, Sims of the 106th, Felton of the 95th, Carnes of the 104th and others:
A Bill to be entitled an Act to authorize and direct the governing authorities of all municipalities with populations of 400,000 or more, to impose a license fee, not to exceed $100 per annum, upon each person who practices astrology for a fee; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1573. By Messrs. Westlake, Davis of the 75th and Bell of the 73rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to provide that receipts and revenues collected in excess of that required to defray the costs of government shall not be expended during the year collected but shall be carried forward as surplus; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1574. By Mr. Egan of the 116th:
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 permit certain purchases for export to qualify for an exemp tion under the terms of the statute; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st: A Bill to be entitled an Act to abolish the present mode of compen sation for the ordinary of Baker County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HR 738-1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a downtown Albany Development Au-

TUESDAY, FEBRUARY 10, 1970

1295

thority and to provide for the powers, duties and responsibilities of said Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1576. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide that substantial com pliance with the forms for affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; and for other purposes.
Referred to the Committee on Judiciary.

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

HB 1603. By Mr. Barber of the 15th:
A Bill to be entitled an Act to identify and define a school bus. A school bus shall be a vehicle designed for the purpose of transporting children to and from school and shall comply with all National Standards and State Standards; and for other purposes.
Referred to the Committee on Education.

HB 1604. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating the board of commissioners of roads and revenues for the County of Charlton, so as to change the days on which the meetings of the board are held; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1605. By Mr. Ross of the 26th:
A Bill to be entitled an Act to provide that no rule or regulation of the Department of Corrections shall be urged or used as a basis for closing a public works camp of any county until there shall be a hear ing in the superior court of the county in which the public works camp resides, which hearing shall determine certain facts; and for other purposes.
Referred to the Committee on State Institutions and Property.

1296

JOURNAL OF THE HOUSE,

HB 1606. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act consolidating the laws chartering the City of Summerville, so as to provide for certiorari directly from decisions rendered in the mayor's or recorder's court of the City of Summerville; and for other purposes.

HB 1607. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the com pensation of the deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1612. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to create a new board of education of Bulloch County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 807-1612. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution providing for the per diem compensation and allowances to certain members of the Constitution Revision Commission created by resolution of the General Assembly; and for other purposes.
Referred to the Committee on Banks and Banking.

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

HB 1523. By Messrs. McClatchey of the 113th, Winkles of the 96th, Geisinger of the 72nd, Bell and Morris of the 73rd, Lane of the 101st and others:
A Bill to be entitled an Act to prescribe a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000; to provide that such buses may not be operated on the Na tional System of Interstate and Defense Highways; to provide a definition of "Urban Transit Systems"; and for other purposes.

HB 1524. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tifton, so as to provide that no member of the com mission may contract with or sell to the city; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1297

HB 1525. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act establishing a merit system of personnel administration for State employees, so as to provide whereby employees of the Legislative Branch of Government may be granted Merit System status in the same manner as employees of the Executive Branch of Government; and for other purposes.

HB 1526. By Mr. Conger of the 68th:
A Bill to be entitled an Act to amend an Act creating the Georgia Factory for the Blind, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000; and for other purposes.

HB 1527. By Mr. Hill of the 97th:
A Bill to be entitled an Act to create a public corporation to be known as the "Metropolitan Airports Commission"; and for other purposes.

HB 1562. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodbury so as to change the corporate limits of said city; and for other purposes.

SB 219. By Senators Johnson of the 38th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relative to the issuance of Motor Vehicle License Plates in counties, so as to increase the fee to be retained by the agent; and for other purposes.

SB 404. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to authorize and empower the State De partment of Family and Children Services to reimburse County Com missioners or legally constituted fiscal or financial county agents 100% of costs of welfare benefits to patients in nursing homes within the confines of State institutions or Departments; and for other pur poses.

SB 406. By Senators Fincher of the 54th, Garrard of the 37th, Reeder of the 55th, and others:
A Bill to be entitled an Act to prohibit any person from operating a vehicle on the public roadways and highways of this State which dis charges into the atmosphere visible emission obscuring transmission

1298

JOURNAL OF THE HOUSE,

of light beyond 30%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system; and for other purposes.

SB 419. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing insurance coverage of employees of the State of Georgia, except employees of the State Highway Department, for the receipts of benefits as pre scribed by the Workmen's Compensation statutes of the State of Geor gia, so as to remove certain provisions regarding the office of Super visor of Purchases; and for other purposes.

SB 420. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 114-101, relating to the definition of "employer" and "employee", so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; and for other purposes.

SB 432. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend an Act completely and ex haustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the pro visions for disposing of contraband wildlife or parts thereof which have been seized under the provisions of said Act; and for other purposes.

SB 433. By Senator McGill of the 24th:
A Bill to be entitled an Act to require the display of information relating to maximum capacity on watercraft; to provide that a ca pacity plate be affixed to certain watercraft; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

SB 294. Do Pass.

SB 392. Do Pass.

HB 1515. Do Pass.

Respectfully submitted, Matthews of 63rd,

Chairman.

TUESDAY, FEBRUARY 10, 1970

1299

Mr. Murphy of the 19th District, 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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 649-1312. Do Pass.
HB 1122. Do Pass.
Respectfully submitted,
Murphy of 19th,
Chairman.

Mr. Barber of the 15th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1348. Do Pass by Substitute. Respectfully submitted, Barber of 15th, Chairman.

Mr. Rainey of the 47th District, 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 to report same back to the House with the'following recommendations:
HB 1432. Do Pass. Respectfully submitted, Rainey of 47th, Chairman.

1300

JOURNAL OP THE HOUSE,

Mr. Smith of the 3rd District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:

Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1416. Do Pass. HB 1454. Do Pass. HB 1490. Do Pass. HB 1457. Do Not Pass.
Respectfully submitted, Smith of 3rd Chairman.

Mr. Clarke of the 33rd District, Chairman of the Committee on Local Af fairs, submitted 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 to report same back to the House with the following recommendations:
HB 1265. Do Pass. HB 1452. Do Pass. HB 1461. Do Pass. HB 1462. Do Pass. HB 1463. Do Pass. HB 1465. Do Pass. HB 1467. Do Pass. HB 1469. Do Pass. HB 1471. Do Pass. HB 1474. Do Pass. HB 1475. Do Pass. HB 1477. Do Pass. HB 1482. Do Pass. HB 1483. Do Pass. HB 1487. Do Pass.

TUESDAY, FEBRUARY 10, 1970

1301

HB 1488. Do Pass.

HB 1491. Do Pass.

HB 1498. Do Pass.

HB 1499. Do Pass.

HB 1502. Do Pass.

HB 1503. Do Pass.

HB 1507. Do Pass.

HB 1510. Do Pass.

HB 1511. Do Pass.

HB 1512. Do Pass.

HB 1513. Do Pass.

HB 1514. Do Pass.

HR 725-1521. Do Pass.

HR 726-1521. Do Pass.

HR 727-1521. Do Pass.

SB

395. Do Pass.

SB

401. Do Pass.

SB

402. Do Pass.

Respectfully submitted, Clarke of the 33rd District, Chairman.

Mr. Busbee of the 61st District, Chairman of the Committee on Rules, sub mitted 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 recommendations:
HR 557. Do Pass. Respectfully submitted, Busbee of the 61st District, Chairman.

1302

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1481. Do Pass as Amended. HB 1504. Do Pass by Substitute. HR 88-252. Do Pass by Substitute. HB 602. Do Pass by Substitute. HB 1156. Do Pass by Substitute. SB 363. Do Pass.
Respectfully submitted, McClatchey of the 113th District, Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on Universi ty System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bill of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 425. Do Pass. Respectfully submitted, Matthews of the 16th District, 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 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and many others: A Bill to be entitled an Act to amend an Act to provide a uniform County Commissioners law for such counties as may require a Com mission form of government, so as to provide that no person shall be

TUESDAY, FEBRUARY 10, 1970

1303

County Manager before he shall have attained his twenty-fifth birth day; to provide a period of twelve months for any newly appointed County Manager, during which time he may be discharged without cause, and without the right of hearing; 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 1265. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Stephens County, approved Aug. 24, 1931 (Ga. Laws. 1931, p. 560), as amended, so as to change the salary of said Tax Commissioner and to change the method for determining his salary; to provide for employees, their compensation and necessary office ex penses; 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 1452. By Messrs. Moore and Gunter of the 6th and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, as amended, so as to change the terms of court for certain counties comprising said 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 110, nays 0.

1304

JOURNAL OF THE HOUSE,

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

HB 1461. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Charlton County Historical Commission; 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 1462. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, as amended, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; 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 1463. By Mr. Harrison of the 66th: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, as amended, so as to authorize the Mayor and Councilmen to designate the depository for 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 110, nays 0.

TUESDAY, FEBRUARY 10, 1970

1305

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

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Games of the 104, Winkles of the 96th and many others:
A Bill to be entitled an Act to amend Fulton County Civil Service Act (Ga. Laws 1943, p. 971) as heretofore amended, to provide no prior residence in Fulton County be required and employees may reside in any County of Georgia where such place of residence is within 50 miles of Fulton County Courthouse; 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 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Battle of the 90th and Hill of the 94th: A Bill to be entitled an Act to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a four-year term of office, and who shall be elected county-wide and who shall be the President of said 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1469. By Messrs. Games of the 104th, Adams of the 100th, Hood of the 99th, Shepherd of the 107th and many others: A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more according to the Federal Decennial Census of any future such census exclusive original jurisdiction over juveniles shall be exercised by the Domestic Relations Division of the Superior Court; and for other purposes.

1306

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 1471. By Messrs. Phillips and Johnson of the 29th: A Bill to be entitled an Act to authorize the governing authorities of certain counties to create electrical examining boards for the purposes of examining applicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; 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 1474. By Mr. Brooks of the 17th: A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the sheriff of Madison County, known as the fee system and providing in lieu thereof an annual salary for said officer, as amended, so as to change the additional funds such officer shall receive to compensate deputies; 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.

TUESDAY, FEBRUARY 10, 1970

1307

HB 1475. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to amend an Act incorporating the City of Arnoldsville, 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 110, nays 0.

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

HB 1477. By Messrs. Bell and Morris of the 73rd, Jordan of the 74th, Dean of the 76th and many others:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to increase the number of the members of the Board of Commissioners of DeKalb 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 1.

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

Mr. Harris of the 77th wished to be recorded as voting "nay" on the passage of HB 1477.

HB 1482. 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, as amended, so as to authorize the said City to provide for the regulation and impoundment of animals, and the regulation of the owners 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.

1308

JOURNAL OF THE HOUSE,

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

HB 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd and Keen, Knapp and Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), approved Aug. 14, 1885 (Ga. Laws 1884-85, p. 470), as amended, 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; 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 1487. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Bowdon, Ga., as amended, so as to add to the corporate limits of the Town of Bowdon certain tracts of land; 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 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solici tors, ordinaries and other officers of the courts of said counties; to provide methods for financing the costs of establishing and maintain ing said libraries; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1309

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 1491. 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 Hinesville, 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1498. By Mr. Brooks of the 17th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Madison County, as amended, so as to change the provisions relating to employment of personnel by said 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1499. By Mr. Lewis of the 37th: A Bill to be entitled an Act to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal court; and for other purposes.

1310

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 1502. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Union County Industrial 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 ayes were 110, nays 0.

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

HB 1503. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; 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 110, nays 0.

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

HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th and Sherman and DeLong of the 80th:
A Bill to be entitled an Act to authorize the coroners of certain counties to appoint assistants; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1311

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 1510. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County into the one office of Tax Commissioner of Bulloch County as amended, so as to change the provisions relating to the compensation of the assistants for the Tax 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the Deputy Clerk, the Docket Clerk and the typist; 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.

1312

JOURNAL OP THE HOUSE,

HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County; as amended, so as to change the compensation of the clerical employee; 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 1513. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff of Bulloch County from a fee system to a salary system, as amended, so as to change the provisions relating to the additional compensation of the Jailer to cover meals; 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 1514. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bill to be entitled an Act to amend an Act to provide that the Ordi nary of Bulloch County be placed on a salary basis of compensation in lieu of a fee basis, as amended, so as to change the compensation of the clerical assistants; 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.

TUESDAY, FEBRUARY 10, 1970

1313

SB 395. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, as amended, so as to change the provisions relative to the compensation, expenses and allowances 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 passage of the Bill, the ayes were 110, nays 0.

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

SB 401. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said 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 110, nays 0.

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

SB 402. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relat ing to the compensation of said 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 110, nays 0.

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

1314

JOURNAL OF THE HOUSE,

HR 725-1521. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:

A RESOLUTION

Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Paulding County or other courts established by the General Assembly; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new para graph to read as follows:

"The General Assembly of the State of Georgia is hereby au thorized :

1. To empower the governing authority of Paulding County, Georgia, 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; and for the implementation and en forcement of all duties and powers now or hereafter vested in the governing authority of Paulding County, Georgia, and to provide penalties for violations of such ordinances.

2. To authorize the Superior Court of Paulding County, or other judiciary established by the General Assembly, with juris diction in Paulding County, and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violation thereof; and which shall have such other and further powers as may be prescribed by law, including civil actions to enforce such ordinances."

Section 2. When the above proposed amendment to the Constitu tion 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 XII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

TUESDAY, FEBRUARY 10, 1970

1315

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

"YES ( NO (

) Shall the Constitution be amended so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all
) duties and powers now or hereafter vested in said govern ing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Su perior Court of Paulding County or other courts estab lished by the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ''Yes". All persons desiring to v6te 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 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 Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. L.

Bray
Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell
Cook

Cooper
Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dixon Dorminy Douglas Edwards Ellis Evans Ezzard Fallin
Farrar

1316
Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Holder Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp

JOURNAL OF THE HOUSE,

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 McClatchey McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Nash Nessmith Northcutt Odom Parker, H. W. Patterson Peters Peterson Phillips, G. S.

Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Ross Rush
Russell Salem Scarlett Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow 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 Brantley, H. H. Brooks Buck Clarke Conner, J. Dean, N. Dent Dickinson Dodson Egan Farmer Gunter Hale Hamilton

Hargrett Hawes Hill, G. Hood Howell Johnson Matthews, C. Maxwell McCracken Miller Moore Murphy Nunn Pafford Paris,

Parker, C. A. Phillips, W. R. Rainey Rowland Scarborough Shanahan Sherman Simkins Sorrells Townsend Whaley Winkles Mr. Speaker

TUESDAY, FEBRUARY 10, 1970

1317

On the adoption of the Resolution, the ayes were 152, nays 0.

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

HR 726-1521. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson, and Housley of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORIA:
Section 1. Article VII, Section IV, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof the following para graph :
"In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and may therein create, con struct, maintain and operate a system or systems for the disposal of sewage within such districts and levy taxes therefor on all property located within said districts upon the approval of a majority of the qualified voters of said districts voting at a special election called by the ordinary of said County and held in said districts upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located within any such district. The General Assembly may further authorize said county to issue bonds for any such district, and in the event bonds are issued for a specific district, a tax may be levied therein, unlimited as to rate or amount. If issued, such bonds shall be au thorized in all respects as provided by Article VII, Section VII, Paragraph I of this Constitution upon the approval of a majority of the qualified voters of said districts voting at a special election called by the Ordinary of said County and held in said districts upon said question. Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly may further provide that any such district may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property lo cated therein subject to taxation for bond purposes. The homestead exemptions granted by Article VII, Section I, Paragraph IV of

1318

JOURNAL OP THE HOUSE,

this Constitution, and the statutes enacted pursuant thereto, shall not apply to the levy of taxes herein authorized either for opera tion and maintenance of the system or for debt service."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph 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 ( NO (

) Shall the Constitution be amended so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and ad-
) minister sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such dis tricts under certain conditions and requirements?"

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 Para graph of the Constitution, it shall become a part of the Constitution of this State.

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. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Games Gates Chandler Cole Collier Collins, M. Collins, S.

Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. F. DeLong Dixon Dorminy Douglas

Edwards Ellis Evans Ezzard Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Holder Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G.

TUESDAY, FEBRUARY 10, 1970

1319

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 McClatchey McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Nash Nessmith Northcutt Odom Parker, H. W. Patterson Peters

Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell
Salem Scarlett Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow 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 Brantley, H. H. Brooks Buck Clarke Conner Dean, N. Dent Dickinson Dodson Egan Farmer Gunter Hale Hamilton

Hargrett Hawes Hill, G. Hood Howell Johnson Matthews, C. Maxwell McCracken Miller Moore Murphy Nunn Pafford Paris

Parker, C. A. Phillips, W. R. Rainey Rowland Scarborough Shanahan Sherman Simkins Sorrells Townsend Whaley Winkles
Mr. Speaker

1320

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 152, nays 0.

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

HR 727-1521. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection dis tricts within the bounds of said county and levy taxes or special assess ments therefor within such districts under certain conditions and re quirements; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof the following para graph :
"In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Pauld ing County may establish and administer fire protection districts within the bounds of said county and systems of fire protection and prevention within such districts and levy taxes or special assessments therefor on property located within such districts, upon the approval of a majority of the qualified voters voting at a special election called by the Ordinary of said county and held in said districts upon said question; provided that such taxes or assessments shall not exceed five mills upon the valuation of the property located within any such district; and provided further that the homestead exemptions granted by Article VII, Section I, Paragraph IV of this Constitution, and the statutes enacted pur suant thereto, shall not apply to the levy of such taxes and assess ments."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

TUESDAY, FEBRUARY 10, 1970

1321

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

"YES ( NO (

) Shall the Constitution be amended so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and ad-
) minister fire protection districts within the bounds of said county and levy taxes or special assessments there for within such districts under certain conditions and requirements?"

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.

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. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell

Games Gates Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell
Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dixon Dorminy Douglas Edwards

Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary
Gaynor Geisinger Gignilliat Grahl Graves Griffin Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson

1322

JOURNAL OF THE HOUSE,

Higginbotham Hill, B. L. Holder Horton Housley 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

Marcus Mason Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Nash
Nessmith Northcutt Odom Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Reaves

Roach Ross Rush Russell Salem Scarlett Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow 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 Brantley, H. H. Brooks Buck Clarke Conner Dean, N. Dent Dickinson Dodson Egan Farmer Gunter Hale Hamilton

Hargrett Hawes Hill, G. Hood Howell Johnson Matthews, C. Maxwell McCracken Miller Moore Murphy Nunn Pafford Paris

Parker, C. A. Phillips, W. R. Rainey Rowland Scarborough Shanahan Sherman Simkins Sorrells Townsend Whaley Winkles Mr. Speaker

On the adoption of the Resolution, the ayes were 152, nays 0.

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

TUESDAY, FEBRUARY 10, 1970

1323

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 follow ing Bills of the Senate, to wit:

SB 388. By Senator Smalley of the 28th:
A Bill to amend Section 113-1518 of Chapter 113-15 of the Code of Georgia, as amended, relating to investments made by executors, adminis trators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to the ex change or conversion of certain stock or securities; and for other pur poses.

SB 434. By Senator Plunkett of the 30th:
A Bill to authorize each municipality in this State to provide by or dinance for the levying of a fee on the parking of motor vehicles in places charging for such parking; to provide for exemptions; to pro vide for amounts; to provide for other matters relative thereto; and for other purposes.

SB 436. By Senators Webb of the llth, and Johnson of the 38th:
A Bill to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to provide a realistic method by which organized crime may be con trolled, contained and reduced; and for other purposes.

SB 452. By Senator Kidd of the 25th:
A Bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; to repeal conflicting laws; and for other purposes.

SB 455. By Senator Dean of the 6th:
A Bill to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Ga. State Patrol shall be numbered; to provide an effective date; to repeal conflicting laws; and for other purposes.

1324

JOURNAL OF THE HOUSE,

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

HR 96-276. By Mr. Lowrey of the 9th:
A Resolution compensating Mr. Clarence Salmon; and for other pur poses.

HR 537-1090. By Mr. Wamble of the 69th:
A Resolution compensating the Grady County Electric Membership Corporation; and for other purposes.

HR 548-1105. By Mr. Levitas of the 77th:
A Resolution compensating Mr. Morris Benbenisty; and for other pur poses.

HR 551-1121. By Mr. Phillips of the 50th: A Resolution compensating Mr. Willie Linder; and for other purposes.

HR 576-1173. By Mr. Douglas of the 42nd: A Resolution compensating Mr. Robert H. Lee; and for other purposes.

HR 577-1173. By Mr. Peters of the 2nd:
A Resolution compensating Mr. Aubrey M. Honeycutt; and for other puroses.

HR 55-128. By Mr. Joiner of the 35th: A Resolution compensating Mr. Frank Flanders; and for other purposes.

HR 585-1189. By Mr. Davis of the 75th: A Resolution compensating Mr. Joe B. Hogan; and for other purposes.

HR 591-1209. By Mr. Potts of the 30th:
A Resolution compensating Mr. James Elliott Kee; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1325

HR 592-1209. By Mr. Jones of the 87th:
A Resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.

HR 593-1209. By Mr. Dodson of the 82nd: A Resolution compensating Dell D. Gledhill; and for other purposes.

HR 600-1229. By Mr. Mauldin of the 12th:
A Resolution compensating Willie James Rucker; and for other pur poses.

HR 605-1236. By Messrs. Chandler and Harrington of the 34th:
A Resolution compensating Mrs. Juanita W. Worsham; and for other purposes.

HR 606-1236. By Messrs. Chandler and Harrington of the 34th: A Resolution compensating Mrs. A. 0. Hodges; and for other purposes.

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

SB 361. By Senators Stephens of the 36th and Padgett of the 23rd:
A Bill to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace officers who are employed by or hold office within the political juris diction affected, which insurance shall be paid for from county or municipal funds; to provide for minimum limits; to repeal conflicting laws; and for other purposes.

SB 474. By Dean of the 6th:
A Bill incorporating and creating a new charter for the City of Jesup, as amended; so as to provide for recall of the city commissioners, in cluding the mayor, by the voters of the city; to repeal conflicting laws; and for other purposes.

SB 480. By Dean of the 6th:
A Bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, as amended, so as to change the

1326

JOURNAL OP THE HOUSE,

corporate limits of the City of Jesup; 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 361. By Senator Stephens of the 36th and Padgett of the 23rd:
A Bill to be entitled an Act to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace officers who are employed by or hold office within the political jurisdiction affected; and for other purposes.
Referred to the Committee on Insurance.
SB 388. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Section 113-1518 of Chapter 113-15 of the Code of Georgia, relating to investments made by execu tors, administrators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to exchange or conversion of certain stock or securities; and for other purposes.
Referred to the Committee on Judiciary.

SB 434. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to authorize each municipality in this State to provide by ordinance for the levying of a fee on the parking of motor vehicles in places charging for such parking; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 436. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Titles 26 and 27, relating to criminal law, so as to provide a means for combating organized crime; and for other purposes.
Referred to the Committee on Judiciary.

SB 452. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 10, 1970

132?

SB 455. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 474. By Senator Dean of the 6th:
A Bill to be entitled an Act to incorporate and create a new charter for the City of Jesup, so as to provide for recall of the city commis sioners, including the mayor, by the voters of the city; and for other purposes.
Referred to the Committee on Local Affairs.

SB 480. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act incorporating and creat ing a new charter for the City of Jesup, so as to change the corporate limits of the City of Jesup; and for other purposes.
Referred to the Committee on Local Affairs.

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, February 10, 1970, and submits the following:

HR 39- 68. Official State Bird.

HB

191. Public Service Commission, salary.

HB

214. State Auditor, salary and expenses.

HB

282. Motor Vehicles, exhaust system.

HB

348. Driver's licenses, revocation, suspension.

HB

695. Fire Departments, employees, settlement of disputes.

HB

867. Courts, organization, jurisdiction.

HB 1043. Interest rates, real property.

HB 1102. Highways, factory built housing, transporting.

HR 555-1121. Local control of Public Education.

HB 1136. Georgia Historical Commission.

HB 1145. Urban Development accept factory built housing.

HB 1206. Judges Emeritus, serve other Court.

1328

JOURNAL OF THE HOUSE,

HB 1244. Fluoridation, potable public water supplies. HB 1282. Department of Archives, facility available.

HB 1287. Eyeglasses, lens, certain material. HB 1301. State Ports Authority, creating. HB 1304. Elections, primaries, conduct (Postponed). HB 1340. Local School system, pupil-teacher ratio. HB 1343. Machine guns, registered. HR 658-1345. Local Boards of Education, tax.

HB 1352. Drugs, punishment, violations.

HB 1353. Drugs, abuse, penalty.

HB 1354. Drugs, seizure.

HB 1356. Drugs, use of.

HB 1357. Dangerous drugs, pharmacy list.

HB 1363. G.B.I. State Legislative intent.

HB 1378. Narcotic drugs, violations.

HR 668-1379. Milledgeville, City, Water and Sewer lines.

HB 1390. Fulton County, record keeping.

HR 672-1416. City of Canton, conveyance of land.

HR 694-1436. Brown Thrasher, State Bird.

SB

86. Eminent domain, draw 75% of awards.

SR

228. Housing, undeveloped, slum clearance.

SB

333. Southwestern State Hospital, change name.

SB

380. Area Planning, Housing Development.

SB

381. Urban Redevelopment, acquire, plan, dispost.

SB

383. Building Administrative Board.

SB

384. Urban Redevelopment, private sale.

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,
Chairman.

TUESDAY, FEBRUARY 10, 1970

1329

The following Resolution of the House was read and adopted:

HR 741. By Messrs. Northcutt, Lee and Gary of the 21st, Longino of the 98th and Lane of the 101st:
A RESOLUTION
Commending the South Metro Hairdressers and Cosmetologists As sociation; and for other purposes.
WHEREAS, the South Metro Hairdressers and Cosmetologists As sociation is an affiliate of the Georgia Hairdressers and Cosmetologists Association; and
WHEREAS, the South Metro Hairdressers and Cosmetologists As sociation has had a 100% membership retention; and
WHEREAS, the Association was the host for the Dixie Hair and Beauty Fair; and
WHEREAS, the professional hairdressers and cosmetologists of our great State have given generously of their time and talents to maintain beauty care of the highest standards and to enhance the beauty of the women of our State; and
WHEREAS, more than 70,000 members of the National Hairdressers and Cosmetologists Association are conducting public service programs in our great State and throughout the nation to bring professional beauty care to less fortunate women confined to homes for the aged, hospitals and other institutions; and
WHEREAS, this national professional association will observe its 19th Annual National Beauty Salon Week during the week of February 10-14, 1970, to salute the contributions of the profession of cosmetolo gists.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby congratulate the South Metro Hairdressers and Cosmetologists Association for the con tributions they have made to their community, State and nation, and call to the attention of all citizens "National Beauty Salon Week" as a week in which to give special recognition to the cosmetologists of our State for their charitable services and as a time for all of us to seek to beautify our State with the same zeal shown by the cosmetologists of our State.
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 President of the South Metro Hairdressers and Cosmetologists Association.

1330

JOURNAL OF THE HOUSE,

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:

HE 694-1436. By Messrs. Black of the 45th, Dailey of the 53rd and Douglas of the 42nd:
A Resolution designating the Brown Thrasher as the official Georgia State Bird; 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.

Barber Battle Bell Bennett Berry Black Brantley, H. L. Brooks Brown, C. Busbee Cole Collins, M. Colwell Conger Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dixon Dorminy Douglas Ellis Farrar Funk Gary Gaynor

Gigniliiat
Graves Griffin Harris, J. F. Harris, J. R. Higginbotham Holder Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keyton Knapp Kreeger Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Matthews, C. Mauldin Merritt Miles Milford Moats Mullinax Nash

Nessmith Northcutt Nunn Odoin Paris Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Russell Scarlett Shepherd Simmons Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

TUESDAY, FEBRUARY 10, 1970

1331

Those voting in the negative were Messrs.:

Adams Alexander Brown, B. D. Carnes Gates Collins, S. Dodson Edwards

Evans Fallin
Floyd, J. H. Floyd, L. R. Geisinger Grahl Hill, B. L. Horton

Joiner Lane, Dick Marcus McDaniell Ross Winkles Williams

Those not voting were Messrs.:

Anderson Atherton Ballard Barfield Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Bray Buck Burruss Caldwell Chandler Clarke Collier Connell Conner Cook Dent Dickinson Egan Ezzard Farmer Felton Gunter

Hadaway Hale Hamilton Hargrett Harrington Harris, R. W. Harrison Hawes Henderson Hill, G. Hood, J. Housley Jordan, H. S. Keen Knowles Lambert Lane, W. J. Lewis Longino Mason Matthews, D. R. Maxwell McClatchey McCracken Melton Miller Moore

Morris Murphy Pafford Parker, C. A. Parker, H. W. Pickard Pinkston Rainey Reaves Roach Rowland Rush Salem Scarborough Shanahan Sherman Simkins Sims Smith, J. R. Sorrells Townsend Vaughn Wamble Wilson Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 92, nays 23.

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

Mr. Black of the 45th 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 HR 694-1436.

1332

JOURNAL OF THE HOUSE,

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 79A-8, or 79A-9, so as to delete all references to Chapters 79A-8 and 79A-9, thus permit ting punishment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; 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 Bond Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Chandler Clarke
Cole Collier Collins, M. Collins, S. ColweU Connell 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 Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Higginbotham
Hill, B. L.

Holder Horton 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 Longjno Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin
McClatchey McDaniell
Melton Merritt Miles

Milford
Miller Moate Morris Mullinax
Nash Nessmith Northcutt Odom Pafford Paris Peters Peterson Phillips, W. R. Pickard Pinkston Poole

TUESDAY, FEBRUARY 10, 1970

1333

Potts Reaves Roach Ross Rush Russell Salem Scarlett Shepherd Simmons Sims Smith, J. R.
Smith, V. T. Snow Sorrells Sweat Thomason

Thompson, A. W. Thompson, R.
Toles Town send Wamble Ware Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson Winkles Williams
Wilson Wood

Those not voting were Messrs.:

Barfield Bennett Bohannon Bostick Bowen Brantley, H. H.
Bray Conger Conner Dickinson Farmer Griffin Gunter
Hale

Hargrett Harris, R. W. Hawes Henderson
Hill, G.
Hood Howell Lambert
Mason Maxwell McCracken Moore Murphy Nunn

Parker, C. A. Parker, H. W. Patterson Phillips, G. S.
Phillips, L. L.
Rainey Rowland Scarborough Shanahan Sherman Simkins Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.

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

HB 1353. By Messrs. Fallin and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000.00 and by imprisonment in the penitentiary for not less than two nor more than five years; and for other purposes.

1334

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To be entitled an Act to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide (LSD) shall be a felony and be punished by a fine of not more than $2,000.00 or by imprisonment in the peni tentiary for not less than two nor more than five years, or both; for conviction of a second offense, the punishment shall be by a fine of not more than $3,000.00 or by imprisonment in the penitentiary for not less than five nor more than ten years, or both; for conviction of a third or subsequent offense, the punishment shall be by a fine of not more than $5,000.00 or by imprisonment in the penitentiary for not less than ten nor more than twenty years, or both; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, is hereby amended by adding to the end thereof a new Code Section, to be designated as "79A-9916", to read as follows:
"79A-9916. Notwithstanding any provision in this Code Title or other law to the contrary, any person who manufactures, processes, distributes, obtains or possesses Lysergic Acid Diethy lamide (LSD) shall be guilty of a felony and shall, upon con viction, be punished by a fine of not more than $2,000.00 or by imprisonment in the penitentiary for not less than two nor more than five years, or both. For conviction of a second offense, the offender shall be punished by a fine of not more than $3,000.00 or by imprisonment in the penitentiary for not less than five nor more than ten years, or both. For conviction of a third or subse quent offense, the offender shall be punished by a fine of not more than $5,000.00 or by imprisonment in the penitentiary for not less than ten nor more than twenty years, or both."
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:

Mr. Alexander of the 108th moves to amend the Committee substitute to HB 1353 by striking from line 28 the words "less than two nor".

On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 10, 1970

1335

Those voting in the affirmative were Messrs.

Alexander Barber Barfield Bennett
Berry Bond Bostick Bowen Brown, B. D. Burruss Busbee Carnes Gates Clarke Cole Collier Conger

Connell
Cook Daugherty Dent Dixon Egan Evans
Fallin Farrar Hamilton
Harris, J. R. Hill, B. L. Horton Jones, C. M. Jones, M. Levitas
Longino

Matthews, D. R. McClatchey Melton Moate Peterson Phillips, G. S. Phillips, W. R. Pickard Rush
Shepherd Sweat Thomason
Thompson, A. W. Thompson, R. Townsend

Those voting in the negative were Messrs.:

Adams Battle Black Blalock Brantley, H. H. Brantley, H. L. Brown, C. Collins, M. Collins, S. Colwell Cooper Crowe Dailey Davis, E. T. Davis, W. Dodson Dorminy Douglas Edwards Ellis
Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves

Harris, J. F.
Harrison Higginbotham Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, H. S. Keyton Knowles Kreeger Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Leonard Lowrey Marcus Mauldin McDaniell Milford Morris Mullinax Murphy Nash Nessmith Northcutt

Odom
Paris
Peters Potts Rainey Roach Ross Russell
Salem Scarlett Sherman Simkins Simmons Sims Smith, V. T. Snow Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Anderson Atherton

Ballard Bell

Bohannon Bray

1336
Brooks Buck Caldwell Chandler Conner Dean, J. E. Dean, N. DeLong Dickinson Ezzard Farmer Felton Funk Griffin Gunter Hadaway Hale Hargrett Harrington

JOURNAL OP THE HOUSE,

Harris, R. W. Hawes
Henderson Hill, G. Holder
Hood Howell Jordan, G. Keen
Knapp Lambert Lane, W. J. Lewis Mason
Matthews, C. Maxwell
McCracken Merritt
Miles

Miller Moore
Nunn Pafford Parker, C. A.
Parker, H. W. Patterson Phillips, L. L. Pinkston
Poole Reaves Rowland Scarborough Shanahan
Smith, J. R. Sorrells
Vaughn Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 49, nays 84.

The amendment was lost.

The Committee substitute was adopted.

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
Anderson Atherton Ballard Barber Battle Bell Bennett
Berry Black Blalock

Bostick
Brantley, H. H. Brantley, H. L. Brooks Brown, C. Buck Burruss Busbee
Caldwell Games Gates

Chandler
Cole Collier Collins, M. Collins, S. Colwell Conger Connell
Cook Cooper Crowe

TUESDAY, FEBRUARY 10, 1970

1337

Dailey
Davis, E. T. Davis, W. DeLong Dent
Dixon Dodson Dorminy
Douglas Edwards Egan Ellis
Evans Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin
Hadaway Harrington
Haris, J. F. Harris, J. R. Harris, R. W.
Harrison Henderson
Higginbotham Holder Horton Housley Howell Hudson
Hutchinson

Johnson Joiner Jones, C. M. 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 Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Miles Milford Moate Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Peters

Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sweat Thompson, R.
Toles
Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander Bond

Brown, B. D. Hill, B. L.

Those not voting were Messrs.:

Barfield Bohannon
Bowen Bray Clarke

Conner Daugherty Dean, J. E. Dean, N. Dickinson

Phillips, W. R. Simmons
Ezzard Farmer Gunter Hale Hamilton

1338
Hargrett Hawes Hill, G. Hood Keen Lane, W. J. Mason Maxwell

JOURNAL OF THE HOUSE,

McCracken Merritt Miller Moore Nunn Parker, C. A. Parker, H. W. Patterson

Rowland Shepherd Sorrells Thomason Thompson, A. W. Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 6.

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

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th and Lewis of the 37th:
A Bill to be entitled an Act to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Retirement moves to amend HB 191, Section 3 by adding after "effective" "January 1, 1971" and by striking the remainder of that
section.

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 Barber Bell Berry Black Bond

Bostick Brantley, H. H. Brooks Brown, B. D. Buck Busbee Caldwell

Carnes Gates Chandler Clarke Collier Collins, S. Conger

Connell
Cook Crowe Dailey Davis, W. DeLong Dent Dixon Dodson Dorminy Douglas Egan Ellis Evans Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Griffin Hamilton Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Horton Housley

TUESDAY, FEBRUARY 10, 1970

1339

Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Knowles
Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin McClatchey Miles Milford Moate Morris Mullinax
Murphy Nash Nessmith Northcutt

Odom Peters Peterson Phillips, G. S. Pickard Poole Potts Reaves Roach Ross Rush Russell Salem Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Thomason Thompson, A. W. Thompson, R. Toles Town send Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles

Those voting in the negative were Messrs.:

Anderson Bowen Cole Collins, M. Graves Harris, J. F.

McDaniell Pafford Phillips, L. L. Phillips, W. R. Scarborough Sweat

Whaley Wilkerson Williams Wilson

Those not voting were Messrs.:

Adams Ballard Barfield Battle Bennett Blalock Bohannon Brantley, H. L.

Bray Brown, C. Burruss Colwell Conner Cooper Daugherty Davis, E. T.

Dean, J. E. Dean, N. Dickinson Edwards Ezzard Farmer Funk Gunter

1340
Hadaway Hale Hargrett Harrington Harris, J. R. Henderson Hill, G. Holder Hood Howell Keen Kreeger

JOURNAL OF THE HOUSE,

Lambert Lane, W. J. Mason Matthews, D. R. Maxwell McCracken Melton Merritt Miller Moore Nunn Paris

Parker, C. A. Parker, H. W. Patterson Pinkston Rainey Rowland Shanahan Sorrells Vaughn Wamble Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 119, nays 16.

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

Mr. Conner of the 56th wished to be recorded as voting "aye" on the passage of HB 191, as amended.

Mr. Howell of the 60th wished to be recorded as voting "aye" on the passage of HB 191, as amended.

Mr. Maxwell of the 78th moved that HB 191, as amended, be immediately transmitted to the Senate.

The motion prevailed and HB 191, as amended, was ordered immediately transmitted to the Senate.

HB 1136. By Mr. Lewis of the 37th:
A Bill to be entited an Act to amend an Act creating the Georgia Historical Commission, so as to remove the provisions placing a ceiling on the salary of employees of the Commission; 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.

TUESDAY, FEBRUARY 10, 1970

1341

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

Mr. Lewis of the 37th moved that HB 1136 be immediately transmitted to the Senate.

The motion prevailed and HB 1136 was ordered immediately transmitted to the Senate.

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in un developed areas in connection with slum clearance and redevelopment work; to provide that the building, development, improvement, financ ing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority; to provide 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 XVI of the Constitution is hereby amended by striking said Article in its entirety and substituting in lieu thereof a new Article XVI to read as follows:
"Article XVI
Redevelopment and Housing
Section I
Slum Clearance and Redevelopment
The General Assembly may provide by law that any county, municipal corporation, or any housing authority now or hereafter established 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 rehabilitation of structures within such areas for reuse, the acquisition of open land in undeveloped areas, and the sale or other disposition of

1342

JOURNAL OF THE HOUSE,

such land and 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.

Section II

Housing

"Paragraph I. The building, development, improvement, fi nancing, expansion and modernization of housing and housing facilities are hereby declared to be public purposes vital to the welfare of the people of this State. The General Assembly is hereby authorized to appropriate funds for such purposes. The General Assembly may create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes under such terms and con ditions as the General Assembly may provide. The General Assem bly may authorize said Authority to issue revenue obligations and revenue anticipation notes, and the indebtedness incurred thereby shall be general obligations of said Authority to be secured by the charges, fees and revenues of said Authority and by such other funds and assets as may be available to the Authority but shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations au thorized by such Authority, and such validation thereafter shall be incontestable and conclusive. The General Assembly may pro vide the method and procedure for the issuance of revenue anticipa tion notes with a maturity date not to exceed 10 years without the necessity for validation proceedings. The General Assembly may authorize that revenue anticipation notes of the Authority may be renewed or refunded from time to time as the permanent members of the Authority may deem necessary. The obligations, properties, activities and income of said Authority shall be exempt from taxation.

"Paragraph II. Permanent membership of such Authority shall include the Governor, the Lieutenant Governor, the Speaker of the House, the State Auditor, the State Treasurer, the Attorney General, Budget Analyst of the General Assembly, and the State Budget Officer. Said permanent members shall be responsible for the issuance of all debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred. Said permanent members shall have such additional responsibilities, powers and duties with respect to the Authority as shall be provided by law. The General Assembly may provide for other members of such Authority, as well as for a Director, Assistant Director or Assistant Directors, and for employees, but no persons other than the five permanent members shall have any authority or responsibility for the issuance of debt and for the proper application of the proceeds thereof.

"Paragraph III. The General Assembly may provide that the Georgia Housing Finance Authority may, in order to carry out

TUESDAY, FEBRUARY 10, 1970

1343

its purposes, (a) make rules and regulations; (b) set charges and fees to be paid and charged; (c) establish standards and classi fications of housing; (d) purchase or acquire, or contract to purchase and acquire, promissory notes and other evidences of indebtedness or participations therein which are secured by deeds to secure debt, mortgages or other liens; (e) define and establish qualifications and standards for limited-profit or nonprofit borrower-sponsors of housing; (f) lend funds of the Authority to qualified borrower-sponsors under such laws and under such supervision as may be established by the General Assembly
and by the rules and regulations of the Authority; (g) secure the loans made by the Authority to qualified borrower-sponsors by taking promissory notes secured by deeds to secure debt or mortgages from such qualified borrower-sponsors; (h) pledge or assign the promissory notes and deeds to secure debt or mortgages from such borrower-sponsors as security for revenue obligations or revenue anticipation notes, and further to pledge and assign the fees and income of the Authority as security for the Authority's debt; (i) make short-term loans to qualified borrower-sponsors for the limited purpose of meeting the preliminary costs and regulatory requirements of the Authority and the United States Government or other lenders or grantors which are necessary and preliminary to such borrower-sponsor's obtaining a grant or loan for the construction or improvement of housing; (j pledge and assign the revenue of the Authority, its evidences of in debtedness, promissory notes and participations therein secured by deeds to secure debt, mortgages, or other liens as security for the revenue obligations and revenue anticipation notes; and (k) take such action as may be necessary to carry out such other program or programs which are consistent with its purposse.

"Paragraph IV. Notwithstanding any other provision of this Constitution, the General Assembly may provide by law that the State or any county or municipality or any county and municipality, may exempt housing erected under the authority of this amend ment from State and local ad valorem taxes for the period of time during which the Georgia Housing Finance Authority holds any evidence of indebtedness on said housing.

"Paragraph V. This amendment being necessary for the wel fare of the citizens of the State, any law hereafter enacted by the General Assembly in furtherance hereof shall be liberally construed to effect the purposes hereof and insofar as any pro vision of this amendment or any such law may be inconsistent with any other provision of this Constitution or of any other law the provisions of this amendment and laws enacted in furtherance hereof shall be controlling."
Section 2. The above proposed amendment to the Constitution 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:

1344

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law that any
NO ( ) county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and re development work; to provide that the building, development, improvement, financing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Fi nance Authority to promote and further such pur poses; to provide for the membership, powers and duties of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the building, development, im provement, financing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropria tion of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by adding at the end thereof a new Article to be designated Article XVII and to read as follows:
"Article XVII
Housing
"Section I. The building, development, improvement, financ ing, expansion and modernization of housing and housing facilities

TUESDAY, FEBRUARY 10, 1970

1345

are hereby declared to be public purposes vital to the welfare of the people of this State. The General Assembly is hereby authorized to appropriate funds for such purposes. The General Assembly may create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes under such terms and conditions as the General Assembly may provide. The General Assembly may authorize said Authority to issue revenue obligations and revenue anticipation notes, and the indebtedness incurred thereby shall be general obligations of said Authority to be secured by the charges, fees and revenues of said Authority and by such other funds and assets as may be available to the Authority but shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations authorized by such Au thority, and such validation thereafter shall be incontestable and conclusive. The General Assembly may provide the method and procedure for the issuance of revenue anticipation notes with a maturity date not to exceed 10 years without the necessity for validation proceedings. The General Assembly may authorize that revenue anticipation notes of the Authority may be renewed or refunded from time to time as the permanent members of the Authority may deem necessary. The obligations, properties, activi ties and income of said Authority shall be exempt from taxation.

"Section II. Permanent membership of such Authority shall include the Governor, the Lieutenant Governor, the Speaker of the House, the Attorney General, the State Auditor, the State Treasurer, and the State Budget Officer. Said permanent members shall be responsible for the issuance of all debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred. Said permanent members shall have such additional responsibilities, powers and duties with respect to the Authority as shall be provided by law. The General Assembly may provide for other members of such Authority, as well as for a Director, Assistant Director or Assistant Directors, and for employees, but no persons other than the seven permanent mem bers shall have any authority or responsibility for the issuance of debt and for the proper application of the proceeds thereof.

"Section III. The General Assembly may provide that the Georgia Housing Finance Authority may, in order to carry out its purposes, (a) make rules and regulations; (b) set charges and fees to be paid and charged; (c) establish standards and classifica tions of housing; (d) purchase or acquire, or contract to purchase and acquire, promissory notes and other evidences of indebtedness or participations therein which are secured by deeds to secure debt, mortgages or other liens; (e) define and establish qualifications and standards for limited-profit or nonprofit borrower-sponsors of housing; (f) lend funds of the Authority to qualified borrowersponsors under such laws and under such supervision as may be established by the General Assembly and by the rules and regula tions of the Authority; (g) secure the loans made by the Authority to qualified borrower-sponsors by taking promissory notes secured by deeds to secure debt or mortgages from such qualified borrowersponsors; (h) pledge or assign the promissory notes and deeds to secure debt or mortgages from such borrower-sponsors as security

1346

JOURNAL OF THE HOUSE,

for revenue obligations or revenue anticipation notes, and further to pledge and assign the fees and income of the Authority as security for the Authority's debt; (i) make short-term loans to qualified borrower-sponsors for the limited purpose of meeting the preliminary costs and regulatory requirements of the Authority and the United States Government or other lenders or grantors which are necessary and preliminary to such borrower-sponsor's obtaining a grant or loan for the construction or improvement of housing; (j) pledge and assign the revenue of the Authortiy, its evidences of indebtedness, promissory notes and participations therein secured by deeds to secure debt, mortgages, or other liens as security for the revenue obligations and revenue anticipation notes; and (k) take such action as may be necessary to carry out such other program or programs which are consistent with its purposes.

"Section IV. Notwithstanding any other provision of this Con stitution, the General Assembly may provide by law that the State or any county or municipality or any county and municipality, may exempt housing erected under the authority of this amendment from State and local ad valorem taxes for the period of time during which the Georgia Housing Finance Authority holds any evidence of indebtedness on said housing."

Section 2. The above proposed amendment to the Constitution 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 provide that the building, development, improvement, fi-
NO ( ) nancing, expansion and modernization of housing and housing facilities are public purposes and to au thorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agen cy and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the member ship, powers and duties of said Authority? 1'
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.

The report of the Committee, which was favorable to the adoption of the Reso lution, by substitute, was agreed to.

TUESDAY, FEBRUARY 10, 1970

1347

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 Barber Barfield Battle Bell Bennett Berry Black Bond Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Chandler Clarke Cole Collier Colwell Conger Connell Conner Cook Dailey Daugherty Dean, J. F. Dean, N. DeLong Dent Dickinson Dixon Dodson Ellis Evans Ezzard Farrar Felton Funk

Gaynor Geisinger Gignilliat Grahl Graves Griffin Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill, B. L. Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt

Those voting in the negative were Messrs.:

Anderson Dorminy

Douglas Floyd, J. H.

Miles Miller Moate Morris Mullinax Nash Nunn Pafford Paris Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood
Gary Hawes

1348

JOURNAL OF THE HOUSE,

Knowles Lane, W. J. Lee, W. J. (Bill) Longino

Matthews, D. R. Milford Murphy Nessmith

Northcutt Odom Parker, H. W.

Those not voting were Messrs.:

Atherton Ballard Blalock Bohannon Bostick Bray Brooks Burruss Collins, M. Collins, S. Cooper Crowe Davis, E. T. Davis, W. Edwards Egan

Fallin Farmer Floyd, L. R. Gunter Hadaway Hale Hargrett Higginbotham Hill, G. Holder Hood Howell Keen McCracken Moore Parker, C. A.

Patterson Phillips, G. S. Rainey Rowland Russell Salem Scarborough Scarlett Simkins Snow Sorrells Sweat Wamble Whaley Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 131, nays 17.

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

HE 668-1379. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the Governor, for and on the behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Baldwin County; and for other purposes.

The following substitute, offered by Mr. Harrington of the 34th, was read and adopted:
A RESOLUTION
Authorizing the Governor, for and on behalf of the State of Georgia, to convey to the mayor and aldermen of the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain Stateowned property situate in Baldwin County, Georgia; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1349-

WHEREAS, the mayor and aldermen of the City of Milledgeville are currently undertaking to expand and enlarge their water and sewer age system and extend them into new areas; and

WHEREAS, such expansion program will be of definite benefit to the public welfare; and

WHEREAS, such proposed expansion lines will cross portions of the property of the State of Georgia situate in Baldwin County, Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to convey to the mayor and aldermen of the City of Milledgeville, a municipal corporation located in Baldwin County, Georgia, its successors and assigns, for and in consideration of the premises in the sum of ten ($10.00) dollars, easements with the right and privilege to clear, use, occupy, employ and enjoy, for the purpose of locating, placing, install ing, operating, maintaining, replacing and repairing a line or lines of pipe, conduit or other means of transmission, passage, flow, disposal and carriage, with easements and appurtenances thereto, for and of sanitary sewage, waste, refuse, water and other matter or thing, in, on, under, over, upon and across the following described strips or parcels of land, to wit:

Those certain strips or parcels of land situate, lying and being with in the 319th Militia District in Baldwin County, Georgia, the said strips being twenty (20) feet in uniform width throughout, and being ten (10) feet in uniform width on both sides of a certain center line route which lies and runs within the boundaries of land of the State of Georgia, the said center line route being defined and described as follows:

"Parcel No. 1: Beginning at a certain point on. the southern right of way line of the Georgia Railroad in said county separating the lands of the State of Georgia and lands known as the Milledgeville-Baldwin County Industrial Park Site, and which said point of beginning is a distance of 120 feet in a easterly direction along said southern right of way line from said right of way line's point of intersection with the center line of the north fork of Fishing Creek; Thence from said point of beginning running South 32 de grees 30 minutes East a distance of 23.0 feet; thence South 59 degrees 47 minutes East a distance of 661.0 feet; thence South 80 degrees 25 minutes East a distance of 313.0 feet; thence North 77 degrees 34 minutes East a distance of 369.0 feet; thence North 44 degrees 36 minutes East a distance of 278.0 feet; thence North 72 degrees 49 minutes East a distance of 391.0 feet; thence North 35 degrees 04minutes East a distance of 180.0 feet; thence North 19 degrees 07 minutes West a distance of 300.0 feet; thence North 12 degrees 44 minutes East a distance of 577.0 feet; thence North 61 degrees 08 minutes East a distance of 803.0 feet; thence North 71 degrees 41 minutes East a distance of 714 feet; thence South 45 degrees 47 minutes East a distance of 106.0 feet; thence South 45 degrees 47 minutes East a distance of 703.0 feet; thence South 18 degrees 41 minutes East a distance of 293.0 feet; thence South 40 degrees 44 minutes East a distance of 640.0 feet; thence South 63

1350

JOURNAL OF THE HOUSE,

degrees 28 minutes East a distance of 1573.0 feet; thence North 76 degrees 38 minutes East a distance of 412.0 feet; thence South 66 degrees 34 minutes East a distance of 146.0 feet; thence North 82 degrees 16 minutes East a distance of 198.0 feet; thence North 11 degrees 45 minutes West a distance of 288.0 feet; thence North 43 degrees 39 minutes East a distance of 477.0 feet; thence South 69 degrees 41 minutes East a distance of 441.0 feet; thence North 60 degrees 0 minutes East a distance of 93.0 feet; thence South 89 degrees 31 minutes East a distance of 729.0 feet; thence South 57 degrees 45 minutes East a distance of 564 feet; thence South 45 degrees 01 minute East a distance of 543 feet; thence South 54 degrees 21 minutes East a distance of 285.0 feet to land of J. P.
Stevens Company.

Parcel No. 2: Beginning at a certain point on the southern right of way line of the Georgia Railroad in said county which is located by beginning at a point on the common property line sepa rating the Industrial Park Site of the Milledgeville and Baldwin County Development Corporation and land of J. P. Stevens Com pany, and which said beginning point is North 18 degrees 07 minutes West a distance of 15.0 feet along said common property line from its point of intersection with the northern right of way line of said Georgia Railroad; thence South 73 degrees 32 minutes East a dis tance of 75.0 feet; thence South 15 degrees 18 minutes East a dis tance of 113.0 feet to the true point of beginning of the strip herein described; Thence from said true point of beginning running South 78 degrees 47 minutes East a distance of 166.0 feet; Thence run ning South 45 degrees 47 minutes East a distance of 167.0 feet.

Parcel No. 3: Beginning at a certain point on the southern right of way line of the Georgia Railroad in said County which is located by beginning at a point on the center line of said railroad right of way that is 1832.0 feet East on said center line from Mile Post number 49 of said railroad; thence South 28 degrees 03 min utes East a distance of 60 feet; thence South 77 degrees 11 minutes East a distance of 16 feet to the southern right of way line of said railroad and to the true point of beginning of the strip herein described; Thence from said true point of beginning running South 77 degrees 11 minutes East a distance of 307.0 feet; thence running North 56 degrees 07 minutes East a distance of 259.0 feet."

All of the above described strips are more fully set out and shown on those certain plats of same made from surveys by Calvin W. Rice, Registered Georgia Surveyor number 58, dated July 9, 1969, as revised December 29, 1969, entitled "Plat of Survey for the Mayor and Aldermen of the City of Milledgeville Proposed Sanitary Sewer in 319th Militia District", and on file, here recognized, in the office of the clerk of the mayor and aldermen of the City of Milledgeville, and to which reference is made for a full and complete description of the metes and bounds, courses and distances of the above described strips or parcels of land.

BE IT FURTHER RESOLVED that for construction purposes only the above described easements shall be forty (40) feet in uniform width throughout and twenty (20) feet in uniform width on each side of the above described center line routes.

TUESDAY, FEBRUARY 10, 1970

1351

BE IT FURTHER RESOLVED that upon ascertaining that the sum of ten ($10.00) dollars has been paid into the State Treasury as set forth in this Resolution, the Governor, acting for and on behalf of the State of Georgia, be and he is further authorized and empowered to execute and deliver said easements and other written instruments that may be necessary for the water and sewer right-of-way purposes and said easements and other instruments shall be in such form as may be necessary to carry out the provisions of this Resolution and originate record chain of title to the easements herein authorized.

BE IT FURTHER RESOLVED that these easements, being made only for the purpose of the construction, maintenance and operation of said water and sewer lines by the mayor and aldermen of the City of Milledgeville, or its successors or assigns, shall continue only so long as said city, or its successors or assigns, continues to maintain and operate said water and sewer lines, and, should said city at any time abandon said water and sewer lines or discontinue the use thereof, these easements shall terminate.

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 103, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
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 that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

The following Committee amendment was read:
The Committee on Motor Vehicles moves to amend House Bill No. 1102 as follows:
By adding in subsection (f) after the words "highways of this State", the following:
", except highways comprising a part of the interstate high way system or other limited access highways until Federal au-

1352

JOURNAL OF THE HOUSE,

thorities shall permit such vehicles thereon without loss of public road funds,",

and by adding a new subparagraph to subsection (f) to be designated subparagraph "(3)", to read as follows:

"(3) that the movement may, in the discretion of the State Highway Department, be routed and have escorts front and rear.",

and by adding to the end of the first unnumbered paragraph of sub section (f) the following:

"The term 'factory built housing' shall in no way be construed to be a mobile home."

The following amendment to the Committee amendment was read and adopted:
Mr. Brantley of the 52nd moves to amend Motor Vehicles commit tee amendment to House Bill No. 1102 as follows:
By striking quoted subparagraph (3) in its entirety and substitut ing in lieu thereof a new quoted subparagraph (3) to read as follows:
" '(3) That the movement of such factory built housing shall be over only such routes and at only such times as the State High way Department shall provide by regulation and that each such munoivtesm.'"ent shall have escorts at the front and rear of each unit or

The Committee amendment, as amended, was adopted.
The following amendment was read and adopted:
Mr. Harris of the 77th moves to amend HB 1102 by striking from Page 2 the first sentence of the paragraph beginning on Line 13.
An amendment, offered by Mr. Collins of the 62nd, was read and ruled out of order by the Speaker.
The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

TUESDAY, FEBRUARY 10, 1970

1353

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 Barber Barfield Bell
Bennett Berry Blalock Bowen
Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe
Daugherty
Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dodson
Dorminy Ellis Evans

Ezzard Farrar Felton Funk
Gaynor Geisinger
Grahl Graves Griffin Gunter Hadaway Harrington Harris, J. P. Harris, J. R. Henderson Higginbotham Hill, B. L. Horton Housley Howell Hutchinson Johnson Joiner Jones, M. Keyton Knapp Kreeger Lane, Dick Lane, W. J. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Maxwell
McDaniell

Melton Merritt Moate Moore Morris Mullinax
Murphy Nash Nessmith Odom Pafford Paris Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston
Potts Rainey Reaves Ross Sherman Simkins Sims Smith, J. R.
Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Vaughn Westlake Whaley Winkles Williams
Wood

Those voting in the negative were Messrs.:

Battle Black Gates Douglas Egan

Fallin Floyd, L. R. Gignilliat Harris, R. W. Hawes

Hudson Jordan, G. Jordan, H. S. Knowles Lee, W. J. (Bill)

1354
Lee, W. S. Longino Mauldin Milford Northcutt

JOURNAL OF THE HOUSE,

Roach Scarborough Scarlett Simmons Toles

Townsend Wheeler, Bobby Wheeler, J. A. Wilkerson Wilson

Those not voting were Messrs.:

Atherton Ballard Bohannon Bond Bostick Bray Brooks Caldwell Chandler Clarke Dailey Dean, J. E. DeLong Dixon Edwards Farmer

Floyd, J. H. Gary Hale Hamilton Hargrett Harrison Hill, G. Holder
Hood Jones, C. M. Jones, Herb Keen Lambert McClatchey McCracken Miles

Miller Nunn Parker, C. A. Parker, H. W. Phillips, W. R. Pickard Poole Rowland Rush Russell Salem Shanahan Shepherd Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 117, nays 30.

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

Mr. Johnson of the 29th moved that HB 1102, as amended, be immediately transmitted to the Senate.

The motion prevailed and HB 1102, as amended, was ordered immediately transmitted to the Senate.
The Speaker announced the House recessed until 1:15 P. M.

AFTERNOON SESSION

The Speaker called the House to order. The following Resolutions of the House were read and adopted:

TUESDAY, FEBRUARY 10, 1970

1355

HR 744. By Messrs. Ellis of the 91st, Jones of the 87th, Gaynor of the 88th,, Battle of the 90th, Whaley of the 93rd, Funk of the 92nd and Gignilliat of the 89th:

A RESOLUTION

Commending Miss Hollis Stacy; and for other purposes.

WHEREAS, Miss Hollis Stacy is the daughter of Mr. and Mrs. John K. Stacy of Savannah, Georgia; and

WHEREAS, at the age of twelve she entered, for the first time, and won the Savannah City Women's Golf Tournament, defending her title successfully the following year; and

WHEREAS, at the age of thirteen she competed in the USGA Girls Junior Golf Tournament in Los Angeles, and at the age of fourteen in the USGA Women's Amateur, the Trans-Mississippi and the USGA Girls Junior Amateur; and

WHEREAS, in 1969, at the age of fifteen, she played in the Louise Suggs Invitational, the Southern Ladies Amateur, the Trans-Mississippi Ladies Amateur, the USGA Ladies Amateur, the USGA Girls Junior Amateur, the Western Ladies Junior Amateur, and the Georgia State Women's Amateur; and

WHEREAS, she won the Georgia State Women's Amateur Champ ionship and the National Junior Girls Championship, and was medalist in the Western Junior with the lowest qualifying score ever recorded in this event; and

WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements of Miss Hollis Stacy.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Hollis Stacy for her outstanding achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Miss Hollis Stacy and to her parents, Mr. and Mrs. John K. Stacy.

HR 745. By Messrs. Dean of the 76th, Harris and Thomason of the 77th and Hawes of the 95th:
A RESOLUTION
Commending the Honorable Manuel Maloof; and for other purposes.
WHEREAS, the Honorable Manuel Maloof, a longtime, highly-

1356

JOURNAL OF THE HOUSE,

respected and admired resident of DeKalb County, has lent his in valuable aid and talents to the Adult Probation Program in DeKalb County; and

WHEREAS, he has also been credited with innumerable successes in righting the aims of youngsters who have strayed from the paths of honesty; and

WHEREAS, his work is very much appreciated.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congratu lates the Honorable Manuel Maloof for his marvelous contributions to the young and not so young who need him so very much.

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable Manuel Maloof.

HR 746. By Mr. Housley of the 117th:
A RESOLUTION
Commending the Lockheed-Georgia Company; and for other pur poses.
WHEREAS, the Lockheed-Georgia Company, Georgia's largest em ployer and creator of the world's largest aircraft, has contributed mightily to Georgia and to the Nation; and
WHEREAS, many of the company's successes are of such a na ture that they cannot be publicized, but many of the company's suc cesses form the backbone of the Military Airlift Command, and they carry such names as: "C-5", "C-130", "C-140" and "C-141", and are well known and admired by those individuals who work with them on a day to day basis; and
WHEREAS, the company has been under Congressional fire re cently, and many facts have been misrepresented and distorted, so much so, in fact, that the real truth may never come out; and
WHEREAS, a company that has done so much good for people for so many years will ultimately prevail, and rightly so.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby commends the Lock heed-Georgia Company for its excellent services to the people of Geor gia and of the Nation.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the President of the Lockheed-Georgia Company, Marietta, Georgia.

TUESDAY, FEBRUARY 10, 1970

1357

HR 747. By Messrs. Smith and Caldwell of the 39th:

A RESOLUTION

Commending the Honorable Jerry Waller for being named to the All-Decade University of Georgia Basketball Team; and for other pur poses.

WHEREAS, the Honorable Jerry Waller, Gordon Military College's highly successful basketball coach and former player for that magnifi cent educational institution, was named to the All-Decade University of Georgia Basketball Team; and

WHEREAS, only five other men shared this honor; and

WHEREAS, it is only fitting and proper that the Honorable Jerry Waller be commended for his outstanding athletic abilities.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congratu lates the Honorable Jerry Waller for being named to the All-Decade University of Georgia Basketball Team.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Jerry Waller, head basketball coach, Gordon Military College, Barnesville, Georgia.

HR 748. By Messrs. Bennett, Reaves and Barfield of the 71st:
A RESOLUTION
Commending the Valdosta "Marching Cats"; and for other pur poses.
WHEREAS, the marvelous band of Valdosta High School, the "Marching Cats", has just recently been named as the Greatest Band in Dixie, in New Orleans, by Mardi Gras officials; and
WHEREAS, the "Marching Cats" won this honor by outplaying other bands which were the best from their respective States; and
WHEREAS, the band's director, Frank Butenschon, and the 90 talented and dedicated members thereof will lead the King Rex Parade in New Orleans; and
WHEREAS, the City of Valdosta residents and the citizens of Georgia have good reason to be proud of this talented group.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Valdosta

1358

JOURNAL OF THE HOUSE,

"Marching Cats" for their outstanding talents and abilities, and for being named as the Greatest Band in Dixie.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Frank Buteschon, Di rector, and to Charles H. Green, Principal of Valdosta High School.

HR 749. By Messrs. Smith and Caldwell of the 39th and Douglas of the 42nd:
A RESOLUTION
Expressing deepest and sincerest regrets for the passing of the Honorable Lester Gerdine Lifsey, Sr.; and for other purposes.
WHEREAS, the Honorable Lester Gerdine Lifsey, Sr., a former member of this Body and highly respected and admired resident of Barnesville, Lamar County, passed away on October 6, 1969, at the age of 73; and
WHEREAS, he was an official with the Central of Georgia Rail road when he retired in 1948, after 30 years of service, and rather than relax and enjoy the easy life, he became active in community and State affairs: He was a member of the Barnesville City Council from 1947 until 1953; he was a member of the Georgia House of Representatives from 1953 until 1954; he was again elected to the Barnesville City Council in 1957 and 1967, and he served as Mayor Pro Tern of that august body from 1952-1953; and
WHEREAS, he excelled as a husband, father, Democrat and Ma son, and he was a most respected member of the Blue Lodge & Chapter of the Order of Eastern Star, being a past Worthy Patron of that esteemed organization; and
WHEREAS, he will be sorely missed by his friends and neighbors, and by the officials of the State of Georgia who were honored to have known the Honorable Lester Gerdine Lifsey, Sr.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its deepest re grets for the passing of the Honorable Lester Gerdine Lifsey, Sr., and expresses its sincerest condolences to his lovely widow, Mrs. Bessie Britt Lifsey, and to his children, Mrs. Elaine Lifsey Cheatham, Mrs. Geraldine Lifsey Horton, and Mr. Lester G. Lifsey, Jr.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the widow and children of the Honorable Lester Gerdine Lifsey, Sr.

TUESDAY, FEBRUARY 10, 1970

1359

HR 750. By Messrs. Miles, Maxwell and Simkins of the 78th, Connell and Dent of the 79th and Sherman of the 80th:

A RESOLUTION

Expressing deepest regrets for the untimely and most unfortunate passing of the Honorable J. O. Harris; and for other purposes.

WHEREAS, the Honorable J. O. Harris, 15-year veteran Police Officer with the City of Augusta Police Department, gave his life defending the residents of the City he loved so well, at the age of thirtysix; and

WHEREAS, he was extremely well liked and highly regarded by the residents of Augusta, and he was known to many members of this Body to be a capable and worthwhile person, one who could be trusted to carry out the most intricate assignments with finesse and excel lence; and

WHEREAS, it is most saddening and disheartening to lose such a fine person as the Honorable J. 0. Harris, a man who was an excellent husband, father, church member and credit to his community.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body expresses its deepest and sincerest regrets for the passing of the Honorable J. O. Harris.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to his lovely widow, Mrs. Evelyn Powell Harris; his daughter, Miss Susan Harris; his mother, Mrs. Lena Harris.

HR 751. By Mr. Grahl of the 40th:
A RESOLUTION
Expressing regrets for the unfortunate and untimely passing of the Honorable Dave C. Strother; and for other purposes.
WHEREAS, The Honorable Dave C. Strother, 88 year old inter nationally known and admired as one of the founders of the Ameri can Camellia Society, and long-time resident of Ft. Valley, Peach County, Georgia, passed away Sunday, January 18, 1970; and
WHEREAS, known to all as "Mr. Camellia", the Honorable gentle man was a member of the original Peach County Hospital Authority, and, he was one of the earliest and most generous benefactors of the Thomas Public Library in Ft. Valley, serving many years as Chair man of the Board of Trustees; and
WHEREAS, the Honorable Dave C. Strother deeded 137 acres of land, located midway between Marshallville and Ft. Valley, known as

1360

JOURNAL OF THE HOUSE,

the Massee Lane Farm, to the American Camellia Society in 1966, thus enabling that organization to obtain its first permanent headquarters, the building of which was dedicated in 1968; and

WHEREAS, born in 1882 in South Carolina, he moved to Ft. Valley in 1903, after graduating from Wofford College, and successfully engaged in the cottonseed oil business, farming, horticulture; he was extremely active in community affairs, as he always gave of his time, energy and money to all who were in need.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its deepest and sincerest regrets for the unfortunate and untimely passing of the Honorable Dave C. Strother.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the sur vivors of the Honorable Dave C. Strother, and to the Headquarters of the American Camellia Society Endowment Fund, Ft. Valley, Georgia.

HR 752. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mrs. Violet Moore; and for other purposes. WHEREAS, Mrs. Violet Moore is an outstanding author and resi dent of Montezuma, Georgia; and
WHEREAS, she was a dedicated wife to her late husband and is the mother of four fine children; and
WHEREAS, she has served faithfully as the librarian of the Mon tezuma Carnegie Library; and
WHEREAS, her dedication to her community, her selfless and gratuitous giving of time and energy, her careful research abilities, her vast wealth of knowledge, and her skill in the craft of writing have been freely shared with the people of Montezuma and the State of Georgia; and
WHEREAS, the people of her community and State can take pride in and inspiration from the life of Mrs. Violet Moore.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mrs. Violet Moore for her outstanding record of service and achievement in her chosen field.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Mrs. Violet Moore.

TUESDAY, FEBEUARY 10, 1970

1361

HK 753. By Mrs. Merritt of the 46th:

A RESOLUTION

Expressing regret at the passing of Mrs. John B. Guerry; and for other purposes.

WHEREAS, recently Mrs. John B. Guerry passed away; and

WHEREAS, Mrs. John B. Guerry was born in Macon, Georgia on May 3, 1886, and was a graduate of Gresham High School and Wesleyan Female College, where she received her Bachelor of Arts, Bache lor of Music, and a certificate in mathematics; and

WHEREAS, Mrs. John B. Guerry is a former member of this House having served her constituents and State well during her terms of office; and

WHEREAS, she was a Presbyterian, a member of the Democratic Party, Phi Mu, the Montezuma Woman's Club, and many other civic and social organizations; and

WHEREAS, she was a dedicated wife and the mother of six chil dren, Tillie Beall; Eugenia Goode; Clara Martin; Martha Valdee; John Benjamin, Jr.; and Nanita; and

WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by her untimely passing.

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 one of this State's most out standing and distinguished citizens, Mrs. John B. Guerry.

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 family of Mrs. John B. Guerry.

HR 754. By Messrs. Farmer and Matthews of the 16th:
A RESOLUTION
Commending the head coach of Athens High School, Coach Weyman Sellers; and for other purposes.
WHEREAS, Coach Sellers has demonstrated his outstanding ability as both a player and a coach; and

1362

JOURNAL OP THE HOUSE,

WHEREAS, the success of the 1969 Athens High School Football Team was a direct result of the excellent coaching abilities of Head Coach Sellers; and

WHEREAS, in eighteen years of coaching for the Athens' Trojans, Coach Sellers has compiled an enviable record of 129-54-10; and

WHEREAS, Coach Sellers was named Coach of the Year in 1969 by the Atlanta Journal and the Atlanta Touchdown Club.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congratu lates Weyman Sellers, Head Coach of the Athens High School Foot ball Team on his outstanding performance as a player and as a coach.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Head Coach Weyman Sellers.

HR 755. By Messrs. Farmer and Matthews of the 16th:
A RESOLUTION
Commending the 1969 Athens High School Football Team and Coaching Staff; and for other purposes.
WHEREAS, the 1969 Athens High School Football Team were cowinners of the State Class AAA Football Championship for the year 1969; and
WHEREAS, the 1969 Athens High School Football Team defeated eleven outstanding opponents and tied an excellent Valdosta team after a tremendous comeback; and
WHEREAS, each member of the team displayed courage, dignity and a dedication to the ideals of fair play and sportsmanship.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congratu lates the 1969 Athens High School Football Team and its coaches for an outstanding performance.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a sufficient number of copies of this Resolution to Head Coach Weyman Sellers for presenta tion to each member of the 1969 Athens High School Football Team.

TUESDAY, FEBRUARY 10, 1970

1363

HR 756. By Messrs. Jordan and Vaughn of the 74th and Farrar of the 77th:

A RESOLUTION

Relative to Fernbank Science Center, and for other purposes.

WHEREAS, during the Apollo 11 moon flight, the Fernbank Science Center was assigned the task of tracking the spacecraft during its historic moon flight; and

WHEREAS, Fernbank Science Center possesses the largest tele scope located in the Southeast; and

WHEREAS, on July 16, 1969, the Fernbank Observatory made the first visual sighting of a spacecraft while in orbit; and

WHEREAS, the outstanding publicity attributed by the news media to this historic event focused the attention of the world and this nation in particular upon the achievements and accomplishments of this outstanding public educational institution; and

WHEREAS, it is the desire of this Body to extend its congratula tions to the Board of Education of DeKalb County for the outstanding contributions which Fernbank Science Center has made to the scientific community and toward the furtherance of stimulating interest in science education.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Honorable Jack May, Chairman of the DeKalb County Board of Education; and to Honorable James Cherry, Superintendent, DeKalb County School System, and Dr. Lewis Shelton, Director, Fernbank Science Center, its warmest regards and heartiest congratulations upon achieving this outstanding feat during the Apollo 11 moon shot.

BE IT FURTHER RESOLVED that this Body extends to the Fernbank Science Center its good wishes for continued success in the furtherance of educational opportunities of the children of DeKalb County and the State of Georgia.

HR 757. By Messrs. Jordan and Vaughn of the 74th:
A RESOLUTION
Commending and congratulating the Lithonia High School Football team and coaches for winning the North Georgia Class "B" Football Championship; and for other purposes.
WHEREAS, the marvelous Lithonia High School Football team, led by Head Coach T. McFerrin, won the North Georgia Class "B" Championship; and

1364

JOURNAL OF THE HOUSE,

WHEREAS, it accomplished this magnificent feat, the team com piled a record of 11-1, losing only to a fired up Vidalia team by one point; and

WHEREAS, the defensive efforts of the team were outstanding, as the team only gave up 82 points, while the offensive unit scored 323; and

WHEREAS, Defensive Coach Wayne Wilson, Line Coach Cecil Jones, and Offensive Coach Richard Beard are all to be congratulated for their excellence.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body commends and congratulates the Lithonia High School Football Team and coaching staff for winning the North Georgia Class "B" Football Championship.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the following Honorable and extremely capable gentlemen: T. McFerrin, Wayne Wilson, Cecil Jones and Rich ard Beard.

HR 758. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending the Honorable Rufus Chappell; and for other pur poses.
WHEREAS, the Honorable Rufus Chappell has recently retired from his postion as a member of the Board of Commissioners of Sumter County; and
WHEREAS, he is a member of a pioneer Americus family; and
WHEREAS, he has a long and commendable record of dedicated service to the people of his county; and
WHEREAS, he has provided an inspiration to his community and State throughout his many contributions to the civic, religious, economic and political life of his county and State; and
WHEREAS, it is only fitting and proper that the Honorable Ru fus Chappell be congratulated and commended for his outstanding pub lic service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Rufus Chappell for his outstanding record of public service and does hereby wish for him many happy years of re tirement.

TUESDAY, FEBRUARY 10, 1970

1365

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 Rufus Chappell.

HR 759. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of the Honorable Dave C. Strother; and for other purposes.
WHEREAS, on January 18, 1970, this State lost one of its most distinguished and beloved citizens with the passing of the Honorable Dave C. Strother; and
WHEREAS, he was the most widely known camellia grower in the world and was affectionately known as "Mr. Camellia"; and
WHEREAS, he was one of the founders of the American Camellia Society; and
WHEREAS, in 1966 he donated his gardens, which were known as the most famous camellia gardens in the world, to the American Camellia Society, thus enabling that organization to situate its national head quarters in the State of Georgia; and
WHEREAS, the beauty and joy spread by the Honorable Dave C. Strother and his many other outstanding contributions will be sorely missed by his passing.
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 one of this State's most out standing and distinguished citizens, the Honorable Dave C. Strother.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit appro priate copies of this Resolution to the family of the Honorable Dave C. Strother and to the American Cemellia Society.

HR 760. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending the Honorable Frank Chappell; and for other purposes.
WHEREAS, the Honorable Frank Chappell of Americus, Georgia, retired from his position as Postmaster of Americus on January 31, 1968; and

1366

JOURNAL OF THE HOUSE,

WHEREAS, he was appointed Postmaster of Americus on Febru ary 23, 1935, and has served selflessly and with great dedication since that time; and

WHEREAS, he has been the recipient of the Habersham Award as "Postmoster of the Year"; and

WHEREAS, he is a devoted husband and the father of five fine children; and

WHEREAS, he has provided an inspiration to his community and State throughout his many contributions to the civic, religious, economic and political life of his County and State; and

WHEREAS, it is only fitting and proper that the Honorable Frank Chappell be commended and congratulated for his many contributions to his community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Frank Chappell and does hereby wish him many happy years of retirement.

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 Frank Chappell.

HR 761. By Messrs. Collins of the 62nd, Nessmith of the 44th, Reaves of the 71st, Russell of the 70th, Wheeler of the 57th and Matthews of the 63rd:
A RESOLUTION
Urging Georgia tobacco farmers to use only those pesticides ap proved for use on tobacco by the United States Department of Agricul ture and the State Agricultural Experiment Stations; and for other purposes.
WHEREAS, foreign purchasers of United States flue-cured to bacco have expressed their great concern about the use of certain pesti cides on tobacco and the residue of such materials remaining on the cured leaf; and
WHEREAS, several foreign countries, who purchase large amounts of Georgia flue-cured tobacco, have in recent months established a per mitted tolerance level of certain pesticide residues to be allowed on to bacco leaf imported into their country to go into effect in the near fu ture; and
WHEREAS, two of these countries are West Germany and the United Kingdom who import more Georgia tobacco than all other foreign countries combined; and

TUESDAY, FEBRUARY 10, 1970

1367

WHEREAS, Georgia flue-cured tobacco has been in great demand by these foreign buyers because of its highly desired flavor and aroma; and

WHEREAS, Georgia tobacco growers because of this preferred posi tion stand to lose more than the growers in other United States fluecured belts if our tobacco is barred from being shipped into these coun
tries.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in the interest of maintaining the de mand for Georgia grown tobacco in the export market trade that this body does hereby urge our Georgia tobacco farmers to contact their county agents and experiement station research personnel in regard to the proper selection and use of all insecticides to be used on tobacco and on adjacent crops.

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 Georgia Tobacco Commodity Commission, to the Georgia Farm Bureau, to the Director of the Georgia Agricultural Extension Service, to the Georgia Department of Agricul ture, and to each of the Georgia Experiment Stations.

HR 762. By Mr. Mullinax of the 30th:
A RESOLUTION
Commending Mr. Philip Johns; and for other purposes.
WHEREAS, Mr. Philip Johns of LaGrange, Georgia, has main tained an A-f- average and has been named to the honor roll every six weeks during his high school career; and
WHEREAS, he is an outstanding athlete, having been chosen as All-Area Lineman of the Year in Troup County for 1969, Most Valu able Defensive Lineman on the LaGrange Football Team for the years 1968 and 1969, The Atlanta Journal-Constitution All-State Teams for 1968 and 1969, a runner-up for All-State Lineman of the Year in Class AA for 1969, and The Atlanta Journal Prep Honor Roll during 1969; and
WHEREAS, he was selected as an Outstanding Teenager of Ameri ca for 1970 by the Outstanding Americans Foundation; and
WHEREAS, he is a member of the Hi-Y, Key Club, National Honor Society, and was nominated for the Governor's Honors Program; and,
WHEREAS, it is the desire of the members of this body to recognize this talented young man for his many outstanding accomplishments.

1368

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Philip Johns for his many outstanding athletic and aca
demic accomplishments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Mr. Philip Johns and to the parents
of Mr. Philip Johns.

HR 763. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Dr. Thomas Burton Merritt; and for other purposes.
WHEREAS, Dr. Thomas Burton Merritt, a native of Americus, Georgia, graduated from Americus High School in 1952, and received a B.S. degree from Auburn University in 1956, at which time he was commissioned a midshipman in the U. S. Naval Reserve; and
WHEREAS, he completed the Naval Flight School at Pensacola, Florida, received his multi-engine wings at Hutchison, Kansas, and served as a pilot with M.A.T.S.; and
WHEREAS, he graduated from the Medical College of Georgia, interned at Portsmouth Naval Hospital, served one year as a physician at the Naval Dispensary, U. S. Naval Base, Bermuda, and completed a three year residency in psychiatry at Bethesda Naval Hospital in September, 1969; and
WHEREAS, it is only fitting and proper that Dr. Thomas Burton Merritt be commended and congratulated for his educational attain ments, his professional competence, his service to his community, State and Nation, and his contributions to the economic, religious, civic and poltical life of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Dr. Thomas Burton Merritt for his many outstanding accom plishments.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copy of this Resolution to Dr. Thomas Burton Merritt.

HR 764. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending the Honorable Stephen Pace, Sr.; and for other pur poses.

TUESDAY, FEBRUARY 10, 1970

1369

WHEREAS, the Honorable Stephen Pace, Sr., of Americus, Geor gia, is one of this State's most distinguished and outstanding citizens;
and

WHEREAS, Honorable Stephen Pace, Sr., has given his State and Nation many years of dedicated public service, having served as a member of the House of Representatives from Sumter County, the Senate from the 13th District, and the United States House of Repre sentatives from the 3rd District from 1937 to 1951; and

WHEREAS, he is a member of many civic, social, political, re ligious, and professional organizations, including the Masons, Elks, W. 0. W., Sigma Nu, Americus Kiwanis Club, Chamber of Commerce, American Bar Association, Southwestern Bar Association, the Demo cratic Party, and the Methodist Church; and

WHEREAS, his botanical pursuits have added immeasurably to the beauty and charm of Americus and Sumter County; and

WHEREAS, it is only fitting and proper that the Honorable Stephen Pace, Sr. be commended for his outstanding contributions to the economic, political, religious and civic life of his community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and ex press its deepest appreciation to the Honorable Stephen Pace, Sr. for his many outstanding contributions to the people of his community and State.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Honorable Stephen Pace, Sr.

HR 765. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of Mr. B. F. Clore; and for other purposes.
WHEREAS, Mr. B. F. Clore, a substantial citizen of Sumter County, Georgia, recently passed away; and
WHEREAS, he was active in the First Baptist Church of Ameri cus; and
WHEREAS, he was known for his dedication to his family and his community, his quiet unassuming manner, and his honesty; and

1370

JOURNAL OF THE HOUSE,

WHEREAS, he provided an inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his county and State; and

WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by his passing.

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 one of this State's most dis tinguished and outstanding citizens, Mr. B. F. Clore.

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 the family of B. F. Clore.

HR 766. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of the Honorable George L. Mathews; and for other purposes.
WHEREAS, this State recently lost one of its finest and most distinguished citizens in the passing of the Honorable George L. Mathews of Americus, Georgia; and
WHEREAS, he was born in Sumter County and was a member of a pioneer Americus family; and
WHEREAS, he was a successful farmer, a county commissioner of Sumter County, and a member of the State Highway Board; and
WHEREAS, he was a member of the Elks, the Masons, and many other civic and social organizations; and
WHEREAS, he provided an inspiration to his community and State throughout his many contributions to the civic, religious, eco nomic and political life of his County and State; and
WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by his passing.
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 one of this State's most out standing and distinguished citizens, the Honorable George L. Mathews.

TUESDAY, FEBRUARY 10, 1970

1371

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 family of the Honorable
George L. Mathews.

HR 767. By Mr. Wamble of the 69th:
A RESOLUTION
Commending Mr. Joe McNair; and for other purposes.
WHEREAS, Mr. Joe McNair of the Calvary community, has re cently been named "Man of the Year" in Grady County for 1969; and
WHEREAS, he has successfully developed a complex agri-business operations and is known for his policy of placing the welfare of the com munity above his own interests; and
WHEREAS, he has been a leader in the Calvary Lions Club since it was formed, having served several terms as its president, the Cham ber of Commerce; having served as a director, and in the Calvary United Methodist Church; and
WHEREAS, he has provided an inspiration to his community and State through his many contributions to economic, political, religious and civic life of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Joe McNair for his many outstanding accomplishments and for his contributions to the growth of his community and State.
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 Mr. Joe McNair.

HR 768. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of Mrs. James C. Dudley; and for other purposes.
WHEREAS, recently Mr. James C. Dudley passed away; and
WHEREAS, during the long and eventful life of Mrs. James C. Dudley, she provided an inspiration to her community and State through her many contributions to the civic, religious, economic and political life of her county and State; and

1372

JOURNAL OP THE HOUSE,

WHEREAS, she served her community unceasingly in the field of human relations, having served on the Sumter County Board of Family and Childrens Services; and

WHEREAS, she was a dedicated wife and the mother of two fine sons; and

WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by her untimely passing.

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 one of this State's most outstand ing and distinguished citizens, Mrs. James C. Dudley.

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 the family of Mrs. James C. Dudley.

HR 769. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of Mrs. Kernwood Brown; and for other purposes.
WHEREAS, recently this State lost one of its finest citizens in the passing of Mrs. Kernwood Brown; and
WHEREAS, she was a devoted member of Calvary Episcopal Church of Americus, Georgia; and
WHEREAS, she was a devoted wife and mother; and
WHEREAS, she provided an inspiration to her community and State through her many contributions to the civic, religious, economic and political life of her community and State; and
WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by her passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its sincerest regrets at the passing of one of this State's most outstanding and distinguished citizens, Mrs. Kernwood Brown.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an

TUESDAY, FEBRUARY 10, 1970

1373

appropriate copy of this Resolution to the family of Mrs. Kernwood Brown.

HR 770. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Honorable J. P. Luther; and for other purposes.
WHEREAS, the Honorable J. P. Luther has recently retired from the position which he has held since 1940 as manager of the Americus and Sumter County Chamber of Commerce; and
WHEREAS, he is a past president of the Georgia Association of Chamber of Commerce Managers and has served on many state cham ber committees; and
WHEREAS, he has been a member of the Americus Kiwanis Club for 40 years, serving as president in 1946, Lt. Governor of his Kiwanis District in 1957, state chairman of the new Kiwanis Club building in 1963, and 1967 chairman of the Farm-City Committee for the Georgia District; and
WHEREAS, he has taught the Couples Class at the First Method ist Church of Americus for the past 20 years and is widely known as an after dinner speaker; and
WHEREAS, it is only fitting and proper that the Honorable J. P. Luther be recognized and commended for his many contributions to the economic, social, religious and political life of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Honor able J. P. Luther for his outstanding contributions to his community and State and does hereby wish him many happy years of well-earned retirement.
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 the Honorable J. P. Luther.

HR 771. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regret at the passing of Mr. G. P. Findley; and for other purposes.

1374

JOURNAL OP THE HOUSE,

WHEREAS, recently Mr. G. P. Findley passed away; and

WHEREAS, he was known throughout his community for his quiet and unassuming character, his honesty and his dependability; and

WHEREAS, during the long and eventful life of Mr. G. P. Findley, he provided an inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his
county and State; and

WHEREAS, the many outstanding contributions made by this distinguished and outstanding citizen of the State of Georgia will be sorely missed by his passing.

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 one of this State's most out standing and distinguished citizens, Mr. G. P. Findley.

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 the family of Mr. G. P. Findley.

HR 772. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mr. W. W. Wilson; and for other purposes.
WHEREAS, during the long and eventful life of Mr. W. W. Wilson, he has provided an inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his county and State; and
WHEREAS, he has been a dedicated and useful citizen of Sumter County, Georgia; and
WHEREAS, he has expressed his honest and sincere political opin ions, from which he never flinches, with great intellectual force; and
WHEREAS, he is is a credit to his community and an outstanding citizen of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. W. W. Wilson on his many outstanding contributions to the life of Sumter County and the State of Georgia.
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. W. W. Wilson.

TUESDAY, FEBRUARY 10, 1970

1375

HR 773. By Messrs. Hudson of the 48th, Wheeler of the 57th, Levitas of the 77th and many others:

A RESOLUTION

Urging the Board of Regents to arrange to have the GeorgiaGeorgia Tech football game televised every year; and for other purposes.

WHEREAS, the Georgia-Georgia Tech football game is a classic athletic contest of great interest to the people of Georgia, the South and the nation; and

WHEREAS, all available tickets for this game are sold well in advance of the contest; and

WHEREAS, a serious effort should be made to have this game televised every year to give everyone possible an opportunity to see this outstanding contest; and

WHEREAS, it is believed that the television networks and many television stations would be very interested in entering into a contract for the television rights to this game, and that substantial funds could be derived therefrom; and

WHEREAS, such funds could be used for the benefit of the ex ceptional children program of the State Department of Education.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents is hereby urged to enter into appropriate negotiations with television networks and stations to the end that the Georgia-Georgia Tech football game shall be televised every year and viewed by the people of the State and the people of such other areas of the country, or the entire country, as might be agreed upon pursuant to such negotiations.

BE IT FURTHER RESOLVED that the net proceeds derived from televising said game should be transferred by the Board of Regents to the State Board of Education to be used only for the purpose of provid ing additional funds for the exceptional children program.

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 George L. Simpson, Jr., Chancellor, Board of Regents; Honorable Fred C. Davison, President, The University of Georgia; Honorable Arthur G. Hansen, President, Georgia Institute of Technology; Honorable Joel Eaves, Athletic Direc tor, The University of Georgia; Honorable Robert L. Dodd, Athletic Director, Georgia Institute of Technology.

1376

JOURNAL OF THE HOUSE,

HR 774. By Mr. Wheeler of the 57th:

A RESOLUTION

Expressing regret at the passing of the Honorable Nesbert Thomas; and for other purposes.

WHEREAS, on December 8, 1969, the Honorable Nesbert Thomas passed away; and
WHEREAS, he served six terms as Mayor of the City of Patterson, Georgia, and served for many years as the City's only law enforcement officer; and
WHEREAS, he established the first public water system in the City of Patterson and served said system for 37 years; and
WHEREAS, he was active in the Georgia Municipal Association, was program chairman for the Lions Club for many years and was chairman of the March of Dimes Drive in 1957; and
WHEREAS, he was instrumental in developing the Patterson Lions Park and in forming the first high school band in Patterson; and
WHEREAS, during the long and eventful life of the Honorable Nesbert Thomas he provided an inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his county and State; and

WHEREAS, the many outstanding contributions made by this distinguished and outstanding citizen of the State of Georgia will be sorely missed by his passing.

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 one of this State's most outstanding and distinguished citizens, the Honorable Nesbert Thomas.

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 the family of the Honorable Nesbert Thomas.

HR 775. By Mr. Wilson of the 117th:
A RESOLUTION
Commending the Georgia Association of Justices of the Peace and Constables, Inc.; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1377

WHEREAS, the Georgia Association of Justices of the Peace, Inc., was chartered in 1965 by the Superior Court of Fulton County, Georgia, for the purpose of assisting the justices of the peace and constables to better perform their respective duties, and has now functioned for a period of five years to the credit of the State of Georgia; and

WHEREAS, this association is actively conducting a program of education to uplift and upgrade the Justice Courts in our State; and

WHEREAS, it is fitting that the efforts of said association be recognized and commended, as well as the present officers, all to the common good of all our citizens, without any cost to the taxpayers.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Georgia Association of Justices of the Peace and Constables, Inc., and their of ficers, Judge William L. Brogdon, President; Judge Julian Knight, President-Elect; Judge Doyle S. Wardlaw, Treasurer; and Judge Joseph S. Crespi, Counsel, for their efforts in helping to improve the judiciary of Georgia which is closest to the people of Georgia.

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 the Georgia Association of Justices of the Peace and Constables, Inc.

HR 776. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending the Federated Garden Clubs of Sumter County; and for other purposes.
WHEREAS, the Federated Garden Clubs of Sumter County is one of the most active organizations in the State of Georgia; and
WHEREAS, this fine organization is very successfully completing its project to restore the abandoned Forsyth Street Cemetery into the FOUNDER'S MEMORIAL PARK against all odds and many obstacles; and
WHEREAS, the FOUNDER'S MEMORIAL PARK combines his tory and useful beauty; and
WHEREAS, the FOUNDER'S MEMORIAL PARK adds immeasur ably to the beauty and charm of the area and is an asset of great value to the area; and
WHEREAS, it is only fitting and proper that the Federated Garden Clubs of Sumter County should be commended for the many hours of

1378

JOURNAL OF THE HOUSE,

hard work which went into plans and fund raising for this restoration project.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Federated Garden Clubs of Sumter County for their out standing accomplishment in the restoration of the FOUNDERS MEM ORIAL PARK.
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 Federated Garden Clubs of Sumter County.

HR 777. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of Mr. Barlow Council; and for other purposes.
WHEREAS, recently Mr. Barlow Council passed away; and
WHEREAS, during the long and eventful life of Mr. Barlow Council, he provided an inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his county and State; and
WHEREAS, he was a member of a pioneer family; and
WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by his untimely passing.
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 one of this State's most outstanding and distinguished citizens, Mr. Barlow Council.
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 the family of Mr. Barlow Council.

HR 778. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regrets at the passing of Mrs. W. T. Lane; and for other purposes.
WHEREAS, recently Mrs. W. T. Lane passed away; and

TUESDAY, FEBRUARY 10, 1970

1379

WHEREAS, during the long and eventful life of Mrs. W. T. Lane, a resident of Americus, Georgia, she provided an inspiration to her community and State through her many contributions to the civic, re ligious, economic and political life of her community and State; and

WHEREAS, she was a staunch Democrat; and

WHEREAS, she was a fine and dedicated wife and mother; and

WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by her passing.

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 one of this State's most out standing and distinguished citizens, Mrs. W. T. Lane.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an apporpriate copy of this Resolution to the family of Mrs. W. T. Lane.

HR 779. By Mr. Dean of the 76th:
A RESOLUTION
Commending the Honorable Charles Turner; and for other purposes.
WHEREAS, the Honorable Charles Turner of the Edgewood Com munity in DeKalb County has made many contributions to such com munity in order to make it a better place in which to live; and
WHEREAS, he has participated in almost all civic affairs carried on in the community and has been particularly helpful in providing wholesome activities for all people; and
WHEREAS, due to his 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 children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Hon orable Charles Turner for his 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 Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Charles Turner.

1380

JOURNAL OP THE HOUSE,

HR 780. By Messrs. Smith of the 43rd, Phillips of the 29th, Caldwell of the 39th, Chandler of the 34th, Holder of the 49th and many others:

A RESOLUTION
Expressing appreciation of Ding Ho Restaurant and its delight ful owners, Tom and Ethel Wong; and for other purposes.
WHEREAS, from the time of the opening of Ding Ho Restaurant, Tom and Ethel Wong have acquired new friends and admirers and all have come to know their sterling qualities; and
WHEREAS, Tom and Ethel Wong have demonstrated their out standing culinary talents in preparing many tasty and delicious meals for members of the House of Representatives; thereby, giving poli ticians something else to talk about; and
WHEREAS, Tom Wong is one of the most wise, able and just men to ever know and he tried to please the palates of all members of this body; and
WHEREAS, Tom Wong is an athlete of renown--excelling in base ball and football; and
WHEREAS, Tom Wong, though short in stature, stood tall in the service of our country as an enlisted man in the Pacific Theatre; and
WHEREAS, Ethel Wong is a charming lady who made every meal a delightful repast; and
WHEREAS, with the demise of the Ding Ho Restaurant that we all knew and loved, Cain Street will lose its greatest appeal and many people will be saddened.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that Tom and Ethel Wong are hereby com mended and congratulated for their outstanding and artistic achieve ments in providing memorable meals for the members of this house.
BE IT FURTHER RESOLVED that this body commend him for his dedication to his country, to mankind and to God and we wish Tom and Ethel every happiness.
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 Tom and Ethel Wong.

TUESDAY, FEBRUARY 10, 1970

1381

HR 781. By Messrs. Melton and Brown of the 32nd:

A RESOLUTION

Commending Mr. William Cody; and for other purposes.

WHEREAS, Bill Cody, the principal of Griffin High School, has retired after twenty-one years of public service to the Griffin-Spalding School System; and

WHEREAS, for the past eleven years Mr. Cody has served as the principal of the Crescent Elementary School, and later as the principal of Spalding Junior High and then of Griffin High School; and

WHEREAS, during the long public service career of this dis tinguished educator, he provided to his students an outstanding ex ample and was an inspiration to them all; and

WHEREAS, it is the desire of this body to recognize the many out standing accomplishments and contributions of this distinguished edu cator upon his retirement as a public educator.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Bill Cody, the retiring principal of Griffin High School, its sincerest congratula tions and commendations upon the culmination of a distinguished career in the field of public education.

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 Mr. Bill Cody.

HR 782. By Messrs. Maxwell, Simkins and Miles of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A RESOLUTION
Commending Coach Marvin Vanover; and for other purposes.
WHEREAS, Coach Marvin Vanover of the Augusta College Jaguars Basketball Team is one of the most successful and outstand ing coaches in this State; and
WHEREAS, through the brilliant coaching efforts of Coach Marvin Vanover, the Augusta College Jaguars Basketball Team is the number one team in its district and is ranked by the N.A.I.A. as one of the top 20 teams in the nation; and
WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride and sportmanship which are so much a part

1382

JOURNAL OF THE HOUSE,

of the character and personality of Coach Marvin Vanover, and which he has instilled in his young athletes; and

WHEREAS, Saturday, February 14, 1970, has been officially pro claimed as "Marvin Vanover Day" by the Mayor of the City of Au gusta; and

WHEREAS, it is only fitting and proper that Coach Marvin Vanover be commended and congratulated for his outstanding accom plishments.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Coach Marvin Vanover for his many outstanding accomplish ments.

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 Coach Marvin Vanover.

HR 783. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending the Honorable Samuel Mickleberry Merritt; and for other purposes.
WHEREAS, the Honorable Samuel Mickleberry Merritt, of Americus, Georgia, is the son of Dr. Thomas M. Merritt and Bertha McGarrah Merritt, pioneer citizens of Sumter County; and
WHEREAS, he graduated from Americus High School, where he was a star of the football team, and received his B.S. degree from the University of Georgia in 1928; and
WHEREAS, he is the owner of Merritt Brothers Insurance Agency, a member of the Rotary Club, the Elks Club, and many other civic and social organizations; and
WHEREAS, he is a vestryman at Calvary Episcopal Church; and
WHEREAS, he is known for his stability, his devotion to his family, and for his selfless support of his wife in her political career.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Samuel Mickleberry Merritt for his many con tributions to the economic, political, religious and civic life of his community and State and for his dedication to his wife and family.

TUESDAY, FEBRUARY 10, 1970

1383

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 Samuel Mickleberry
Merritt.

HR 784. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending and congratulating Mrs. W. F. Darden; and for other purposes.
WHEREAS, Mrs. W. F. Darden of the Concord Community re cently celebrated her 95th birthday; and
WHEREAS, she is well-known for her cheerfulness, her infec tious smile, and for her quiet elegance and charm; and
WHEREAS, she has added immeasurably to the beauty of her community and State with the many African violets which she pains takingly grows and effectively displays; and
WHEREAS, it is only fitting and proper that Mrs. W. F. Darden be commended and congratulated for her long, happy, useful life and for her many contributions to the social, economic, political, religious and civic life of her community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mrs. W. F. Darden for her long, useful life and for her many contributions to her community and State and does hereby extend its wishes for many more happy years to Mrs. W. F. Darden.
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. W. F. Darden.

HR 785. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mr. Gerald A. Bishop; and for other purposes.
WHEREAS, Mr. Gerald A. Bishop is the Administrator of Mag nolia Manor in Americus, Georgia; and
WHEREAS, he has recently been named "Administrator of the Year" by the Georgia Nursing Home Association; and

1384

JOURNAL OF THE HOUSE,

WHEREAS, he has been Administrator of Magnolia Manor since it opened and is a graduate of Emory University, having earned his M.B.A. degree with specialization in Hospital Administration; and

WHEREAS, he is active in many associations in the health field, both at the State and National level, presently holding the position of National Chairman of the Conference on Intermediate Care Facilities; and

WHEREAS, it is only fitting and proper that Mr. Gerald A Bishop be commended and congratulated for his many exceptional contributions to the improvement of institutional health care of the aged.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Gerald A. Bishop for his many exceptional contributions to the improvement of institutional health care of the aged.

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 Mr. Gerald A. Bishop.

HR 524-1072. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th, Black of the 45th and many others:
A RESOLUTION
Requesting relief from the Farmers Home Administration of the United States Department of Agriculture; and for other purposes.
WHEREAS, the Farmers Home Administration of the United States Department of Agriculture has adopted a policy of seeking recovery from stockyards arising from the sale of mortgaged property; and
WHEREAS, the policy adopted by the Farmers Home Administra tion is to seek to collect from borrowers of said agency and to recover all possible assets and properties of the mortgage owner and after ex hausting all remedies against the individual seeking to obtain recovery against stockyards upon the theory of agency and conversion by look ing to livestock sales establishments for the full price of mortgaged livestock sold at such establishment; and
WHEREAS, livestock sales establishments have no adequate means of ascertaining whether or not livestock sold through the stockyard is in fact mortgaged, and said establishments have difficulty in ascertain ing the existence of a lien or security interest by the Farmers Home Administration; and
WHEREAS, the livestock sales establishments are held responsible and liable for the full sales price of any and all livestock sold at said establishment, notwithstanding that the sales establishment receives only a commission for the sale of said livestock; and

TUESDAY, FEBRUARY 10, 1970

1385

WHEREAS, the Farmers Home Administration in times past has waited an unreasonable time to make demand or let their claim be known to the livestock sales establishments, and said delay in time removes any remote possibility of the stockyard recovering against the seller of the livestock; and

WHEREAS, to hold a livestock sales establishment responsible for the full sales price is not only unfair, but it is unjust and imposes an unreasonable and impossible burden upon the livestock sales establish ment; and

WHEREAS, to pursue the policy of collecting from livestock sales establishments will seriously jeopardize the orderly marketing of live stock ; and
WHEREAS, the responsibility and liability of livestock sales estab lishments is predicated primarily upon the basis of federal law, and the authority as to whether federal or state law controls as to the liability and responsibility of the livestock sales establishments is a question that the federal courts have interpreted, and the decisions thereon are not in unanimous consent; and
WHEREAS, it is desirable that a just and adequate means be pro vided so as to establish and clarify the irresponsibility and liability of the livestock sales establishment; and
WHEREAS, it is conservatively estimated that approximately 90% of the livestock sold in auction in the State of Georgia, are subject to a security interest of some type or form.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Farmers Home Administration of the United States Department of Agriculture is hereby requested to: (1) adopt a more realistic policy as to collections over against livestock sales establishments arising from the sale of mortgaged livestock; (2) provide for notification of all stockyard operators as to the existence of any security interest of the Farmers Home Administration; (3) limit the recovery against the livestock sales establishment arising from the sale of mortgaged livestock; and (4) abandon the present policy and pro cedure of proceeding against livestock auction markets.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Secretary of Agriculture; the Undersecretary of Agri culture; and a copy to each member of the Congressional Delegation of Georgia.

The following Resolution of the Senate was read and adopted:

SR 253. By Senator Trippe of the 31st:
A RESOLUTION
Honoring Douglas County in this, its centennial year; and for other purposes.

1386

JOURNAL OF THE HOUSE,

WHEREAS, Douglas County was created on October 17, 1870, by carving a total of 202 square miles from Carroll, Old Campbell, Paulding and Cobb Counties; and the prosperous and delightful area was named after Senator Stephen A. Douglas, who ten years before had debated Abraham Lincoln in an attempt to gain the Presidency of the United States; and

WHEREAS, Douglas County is one of the most thriving counties in the State: County of fine schools, churches, residences and industry; it has the most bountiful supply of water in all Georgia, and altitude at Douglasville, the county seat, is 1260 feet above sea level; the mean annual temperature is 62 degrees and the average rainfall is approxi mately 49 inches; and
WHEREAS, from its beginning, the greatest resource of Douglas County has been its solid citizens, and it is for these citizens and their marvelous predecessors that the Douglas County Centennial will honor; and
WHEREAS, the Douglas County Centennial will feature on Friday, March 13, 1970, the Centennial Beauty Contest, at which time the loveliest of the lovely will be chosen to reign over the remainder of the year's festivities; and
WHEREAS, on April 12, 13 and 14, the Chamber of Commerce Convention will be graced with a booth depicting Douglas County's history and future; and
WHEREAS, after that date there will be a horse show and major golf tournament; and
WHEREAS, on the weekend of July 4, 1970, there will be a banquet and parade honoring the fighting men of America; and
WHEREAS, during the week of October 17, 1970, there will be the traditional beard growing contest, and a countywide combined church service, which will be presided over by Dr. Theodore Phillips, President of Brewton-Parker College, Mt. Vernon, Georgia, and Douglas County High School will have its Homecoming football game; and
WHEREAS, during this week there will be a band festival with fifty high school bands playing and marching in a mammoth parade; and
WHEREAS, on Saturday, October 17, 1970, exactly one hundred years from the day Douglas County was founded, there will be a large banquet to honor invited officials, including Georgia's two United States Senators, Georgia's ten members of Congress, all the State constitutional officials, and a multitude of notable and exciting others.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby honors, commends and congratulates Douglas County on its one hundredth marvelous year

TUESDAY, FEBRUARY 10, 1970

1387

of existence, and further, this Body sincerely wishes the residents of Douglas County future happiness and prosperity to exceed that which has been achieved in the last 100 golden years.

BE IT FURTHER RESOLVED that the Secretary of the Senate transmit a copy of this Resolution to the members of the Douglas County Centennial Committee.

The following Resolutions of the House were read and referred to the committees:

HR 786. By Mr. Hargrett of the 58th:
A RESOLUTION
Urging the President and Congress to oppose any further extensions of the Surtax; and for other purposes.
WHEREAS, April 15, prior to the Surtax, was horrible enough already; and
WHEREAS, as wise men and fools have already pointed out numer ous times, the Surtax is regressive and harmful because it affects the hardest the hard-working, weekly-paycheck, white-and-blue-collaredAmericans; and
WHEREAS, there are other and better tools available to curb in flation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby urges the President of the United States and the Congress to oppose any further extensions of the Surtax.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the President of the United States and to the Georgia Congressional Delegation.
Referred to the Committee on Ways and Means.
HR 787. By Mr. Dean of the 76th:
A RESOLUTION
Creating the Junk Car Study Committee; and for other purposes.
WHEREAS, the highways and byways of Georgia are fast becoming disgraceful junkyards because people are abandoning their damaged and

1388

JOURNAL OP THE HOUSE,

rusty automobiles at the point where the automobiles refuse to run any farther; and

WHEREAS, this great State of ours once was clean and bright and green, and it is sincerely hoped that a House Legislative Study Com mittee, after considerable study and thought, will devise a plan to return our scenic roadways to their beautiful condition, as they once were.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a five man Interim Study Committee to be composed of members of the House chosen by the Speaker. This Committee shall elect its own Chairman, Vice-Chairman and Secretary, and shall study the laws of Georgia, and other states, to see what legislative actions can be taken to eliminate junk cars from Georgia's highways, roads and streets, as well as from private resi dential property and other areas where the junk cars have been per mitted to gather and rust.

The Committee members shall be compensated in the same manner as members of interim legislative study committees, but for no longer than ten days.

The Committee shall prepare a report of its findings which shall be submitted to the Clerk of the House on or before December 1, 1970, for printing and distribution, 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 State Government.

Referred to the Committee on Rules.

HR 788. By Mr. Hargrett of the 58th:
A RESOLUTION
Urging the President and Congress to enact legislation which would serve to keep national election results of one part of the country from being disclosed to the voters of other parts of the country, and possibly influencing their votes, until all polls have closed; and for other pur poses.
WHEREAS, because of the differences in time periods between the eastern and western states, the voters in California and other western states have several hours of voting time remaining when, for instance, the New York polls have closed; and
WHEREAS, because of modern, computerized voting machines, and radio and television, the results of New York's and other eastern states'

TUESDAY, FEBRUARY 10, 1970

1389

elections for national officers can be broadcast to the voters of Cali fornia ; and other western states, before they have voted; and

WHEREAS, it is known that some voters find it more satisfying to vote for the candidate they feel is going to win, rather than for the candidate they would like to see win; and

WHEREAS, while the majority of New York's voters have not always voted for the President who finally won the election, the electoral votes of that State are very impressive and persuading to those who find it important to "jump on the bandwagon"; and

WHEREAS, while voting in such a manner may be satisfying to particular voters, it is not an ideal or wholesome way to exercise one's elective franchise; and

WHEREAS, it would appear to be within the boundaries of good sense and logic to require the results of national elections to be with held from the press or public until all the nation's polls have closed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the President of the United States and Congress to propose and enact legislation which would serve to keep national election results of parts of the country from being disclosed to other parts of the country until all polls have closed.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Presi dent of the United States and to the members of the Georgia Con gressional Delegation.

Referred to the Committee on State of the Republic.

HR 789. By Messrs. Winkles of the 96th, Bohannon of the 20th, Wilkerson of the 103rd and Dixon of the 65th:
A RESOLUTION
Creating the Insurance Rate Interim Study Committee; and for other purposes.
WHEREAS, at the current session, House Bill 608, dealing with the procedures relative to the regulation of insurance rates, was in troduced and a subcommittee of the House Insurance Standing Com mittee recommended that, because of the potential far reaching affects of this proposed legislation, it be studied in depth by a committee of the General Assembly.

1390

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Insurance Rate Interim 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 a thorough and exhaustive study into all the ramifica tions of the proposed legislation embodied within House Bill 608. The Committee shall make a report of its findings and recommendations to the 1971 session of the General Assembly, at which time it shall stand abolished.

Referred to the Committee on Rules.

HR 790. By Messrs. Carnes of the 104th, Brantley of the 114th, Dickinson of the 118th, Ross of the 26th, Smith of the 3rd and Rainey of the 47th:
A RESOLUTION
Creating the "Awareness House" Study Committee; and for other purposes.
WHEREAS, during the Summer and Fall preceding the 1970 Ses sion of the General Assembly, the Atlanta Metropolitan Area High School Narcotics Study Committee surveyed the drug abuse problems existing in Georgia, and during its research the Committee members kept hearing and reading about the "Awareness House" concept of combating drug abuse; and
WHEREAS, many of the psychiatrists, psychologists, pharmacolo gist and social workers interviewed by the Committee commented fav orably on the "Awareness House" approach; and
WHEREAS, the "Awareness House" concept basically involves tak ing drug addicts out of the various environments which lead to their drug addiction, and teaching them how to cope with and understand their individual shortcomings, and to live in this world; and
WHEREAS, statistics have shown that 40 percent of the graduates from "Awareness House" or similar programs have remained clean, i.e., drug free; and
WHEREAS, the graduates are generally employed to teach school children about drugs and their effects, and the governing authorities of one town in California claim that Awareness House graduates were the prime force in cleaning up the town's high school, which was 75 percent drugridden; and
WHEREAS, it is sincerely believed that the Awareness House con cept should be studied closely to see if it could be used profitably in Georgia.

TUESDAY, FEBRUARY 10, 1970

1391

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House "Aware ness House" Study Committee to be composed of six members of the House chosen by the Speaker. The Speaker shall appoint the Chairman.

The Committee shall study and inspect, if deemed desirable, the "Awareness House" or similar programs which are in existence and which have proven to be successful in curing drug addicts and reducing drug abuse.

The members of the Committee shall receive the expenses and allowances authorized to legislative members of interim study 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 which shall be submitted to the Clerk of the House for printing on or before Decem ber 1, 1970, 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 government.

Referred to the Committee on Rules.
HR 791. By Messrs. Hudson of the 48th, Wheeler of the 57th, Collins of the 62nd, Dorminy of the 48th, Reaves of the 71st and Matthews of the 63rd:
A RESOLUTION
Creating the Slaughter and Packing Houses Study Committee; and for other purposes.
WHEREAS, it has been brought to the attention of many members of this body that the smaller slaughter house and packing house com panies of this State are finding it very difficult to comply with the rules and regulations of the State Department of Agriculture; and
WHEREAS, some of these companies are in severe financial dif ficulties and are in danger of going out of business; and
WHEREAS, all slaughter and packing houses should be sanitary and well equipped in order to protect the health of all citizens; and
WHEREAS, methods should be found to achieve these goals without placing an undue burden on the small operators of such businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Slaughter and

1392

JOURNAL OF THE HOUSE,

Packing Houses 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 an investigation of the slaughter and packing houses throughout the State and study all matters relating thereto to the end that the health of the people can be protected without forcing operators of smaller slaughter and packing houses out of busi ness.

Each member of the Committee shall receive the expenses and allowances provided by law for legislative members of interim legisla tive committees but shall receive the same for not more than ten days. 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 by not later than the date the General Assembly convenes in regular session in January 1971 and on that date the Committee shall stand abolished.

Referred to the Committee on Rules.

HR 792. By Messrs. Ware of the 30th, Dean of the 19th, Russell of the 70th and Gignilliat of the 89th:
A RESOLUTION
Authorizing the Defense and Veterans Affairs Committee to func tion after final adjournment of the 1970 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 cooperate 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 Committee is hereby authorized to function after final adjournment of the 1970 Session of the General Assembly of Georgia. 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

TUESDAY, FEBRUARY 10, 1970

1393

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 committee may hold such meetings at such places, both within and without the State, 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. 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, recommendations and suggestions for proposed legislation, if any, to the 1971 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 Rules.

HR 793. By Mr. Hargrett of the 58th:
A RESOLUTION
Urging the Congress to oppose any Resolution of the nature of the Gulf of Tonkin Resolution; and for other purposes.
WHEREAS, the Gulf of Tonkin Resolution has already cost in ex cess of 40,000 American lives; and
WHEREAS, these are 40,000 reasons why there should never again be a Congressional activity of the nature of that that resulted in the Gulf of Tonkin Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT THE GENERAL ASSEMBLY OF GEORGIA hereby urges Congress to oppose any Resolu tion of the nature of the Gulf of Tonkin Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the members of the Georgia Con gressional Delegation.

Referred to the Committee on Special Judiciary.

1394

JOURNAL OF THE HOUSE,

HR 794. By Mr. Hargrett of the 58th:

A RESOLUTION

Urging the President of the United States and Congress to oppose gun legislation which infringes upon the citizens' rights to bear arms; and for other purposes.

WHEREAS, the Constitution of the United States, and most, if not all, State Constitutions, provide that the citizens of the United States shall have the right to bear arms; and

WHEREAS, through the use of legal illogic, the Supreme Court of the United States construed the Constitutional provision to mean that the right to bear arms is not a right, but a privilege which can be given or taken away; and

WHEREAS, it is still within the purview of the President and Congress to see that the citizens of the United States are not denied what the plain language of the Constitution grants.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby urges the President of the United States and the members of Congress to oppose any gun legislation which would infringe upon the citizens' rights to bear arms.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the President of the United States and to the members of the Georgia Congressional Delegation.

Referred to the Committee on Industry.

HR 795. By Mr. Hargrett of the 58th:
A RESOLUTION
Urging Congress to consider a Constitutional Amendment which would make the Supreme Court of the United States an elective body responsible to the people; and for other purposes.
WHEREAS, there are some American citizens who are less than pleased with some of the decisions of the Supreme Court of the United States, particularly decisions since 1954; and
WHEREAS, some people feel as though a majority of the gentle men on the Supreme Court, only five men, are capable of making errors, as are the Presidents who appointed them; and
WHEREAS, it is the view of some people who have thought the matter through carefully, that the life tenure for Supreme Court justices

TUESDAY, FEBRUARY 10, 1970

1395

has not provided the competence and freedom from the pressures that life tenure was envisioned to provide, but, instead, life tenure has put the nine (at this time eight) justices out of the reach of the people, and thus non-responsive to the mores and folkways and institutions of the American way of life; and

WHEREAS, it is believed that a plan involving five Supreme Court justices, each elected by popular vote of the registered and qualified voters of ten States, using one-man, one-vote apportionment, if you please, for staggered terms of four years each, would insure a Supreme Court Bench with more competence, wisdom and concept of justice than the present United States Supreme Court's fearless majority; and

WHEREAS, let us have a Supreme Court majority responsive to the "silent majority" of America.

NOW, THEREFORE, BE IT RESOLVED THAT THE GENERAL ASSEMBLY OF GEORGIA hereby urges Congress to begin the legal proceedings toward amending the United States Constitution in such a manner as to permit the creation of a five-man United States Supreme Court, with each justice elected from a district composed of ten States, for staggered terms of four years each.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the members of the Georgia Congres sional Delegation.

HR 796. By Mr. Davis of the 86th:
A RESOLUTION
Requesting the House Appropriations Committee to appropriate certain funds; and for other purposes.
WHEREAS, there presently exists a narrow, unsafe, slightly im proved, two-lane trail which runs between the City of Columbus and the City of Atlanta and which is otherwise known as Georgia Highway No. 85; and
WHEREAS, the State Highway Department needs additional funds so that said Georgia Highway No. 85 can be improved at the earliest possible time; and
WHEREAS, said Department also needs additional funds for other highway projects throughout the State which have long been neglected such as the completion of the 1-185 connector from Columbus to LaGrange.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Appropriations Committee is hereby re quested to appropriate an additional sum of $27,000,000 to the State

1396

JOURNAL OF THE HOUSE,

Highway Department, which sum represents the amount collected for motor vehicle license tags and other highway use charges, to be used by said Department for the purposes hereinabove described.

Referred to the Committee on Appropriations.

HR 797. By Messrs. Bell of the 73rd, Collins of the 72nd, Jordan of the 74th, Dickinson of the 118th and Berry of the 85th:
A RESOLUTION
Creating the Mobile Homes Study Committee; and for other pur poses.
WHEREAS, the taxation and regulation of mobile homes should be given careful study and consideration by the General Assembly to the end that the laws relative thereto can be improved and, if necessary, new laws enacted.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Mobile Homes Study Committee to be composed of five (5) members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall make a thorough study and investigation of all matters relative to the taxation and regulation of mobile homes.
BE IT FURTHER RESOLVED that each member of said Committee shall receive the expenses and allowances provided by law for members of legislative interim committees but shall receive same for not more than ten days. 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 said Committee shall make a report of its findings and recommendations to the 1971 regular session of the General Assembly and shall stand abolished as of the day the Gen eral Assembly convenes in regular session in January 1971.

Referred to the Committee on Rules.

HR 798. By Messrs. Moore of the 6th and Dickinson of the 118th:
A RESOLUTION
Creating a Walking Catfish Study Committee; and for other pur poses.

TUESDAY, FEBRUARY 10, 1970

1397

WHEREAS, the walking catfish (clarias batrachus) is a menace to the survival of the game fish of our State; and

WHEREAS, there is a danger of an increased population of these fish within this State; and

WHEREAS, this body is in need of information relating to the walking catfish (clarias batrachus) and the presently existing laws, rules and regulations thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Walking Catfish Study Committee to be composed of four (4) members of the House to be appointed by the Speaker of the House. The Committee shall study all aspects of the walking catfish problem, particularly all the laws,
rules and regulations relating thereto in order to propose legislation to prevent or remedy the problems relating to the walking catfish. The Committee is authorized to consult with persons and organizations knowledgeable in the field. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than twenty (20) days. The Committee shall make a report of its findings and recommendations to the General As sembly on or before December 30, 1970, and when such report is made, the Committee shall stand abolished. The funds necessary to accom plish the purposes of this Resolution shall come from funds appropri ated to and available to the legislative branch of the government.

Referred to the Committee on Rules.

HR 799. By Messrs. Moore of the 6th and Patterson of the 20th:
A RESOLUTION
Creating an Airport Safety Study Committee; and for other pur poses.
WHEREAS, the number of commercial, military and general air craft using the airspace and airports of this State is rapidly increasing; and
WHEREAS, the increase in aircraft activity within the State places additional strain on airport facilities, causing increased risks of accidents; and
WHEREAS, the members of this body are in need of information in order that they might intelligently make provisions for the preserva tion of safe airports and adjacent airspace.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Airport Safety

1398

JOURNAL OF THE HOUSE,

Study Committee to be composed of four (4) members of the House to be appointed by the Speaker of the House. The Speaker shall designate the Chairman of the Committee. The Committee shall make a thorough study of all aspects of airport safety. The Committee is authorized to consult with persons and organizations knowledgeable in the field. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, provided, however, that the Committee shall be authorized to meet no more than twenty (20) days. The Committee shall make a report of its findings and recommendations to the General Assembly on or before December 30, 1970; and when such report is made, the Committee shall stand abolished. The funds necessary to accomplish the purpose of this Resolution shall come from the funds appropriated to and available to the legislative branch of the govern ment.

Referred to the Committee on Rules.

HR 800. By Messrs. Moore of the 6th and Dickinson of the 118th:
A RESOLUTION
Creating a Bass Raise Out Ponds Study Committee; and for other purposes.
WHEREAS, an adequate supply of bass is one of the most outstand ing assets which a state can offer to sportsmen; and
WHEREAS, bass raise out ponds and nursery ponds are being used to aid in the restocking of lakes within this State; and
WHEREAS, the members of this body are in need of information in order that they might intelligently make provisions for and regula tions governing bass raise out ponds and nursery ponds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Bass Raise Out Ponds Study Committee to be composed of four members of the House to be appointed by the Speaker of the House. The Committee shall study all aspects of bass raise out ponds and nursery ponds, particularly all the laws, rules and regulations related thereto in order to propose legislation thereon. The Committee is authorized to consult with persons and organizations knowledgeable in said field. The mem bers of the Committee shall receive the compensation, per diem, ex penses and allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than twenty (20) days. The Committee shall make a report of its findings and recommendations to the General Assembly on or before December 30, 1970, and when such report is made, the Committee shall stand

TUESDAY, FEBRUARY 10, 1970

1399

abolished. The funds necessary to accomplish the purposes of this Reso lution shall come from the funds appropriated to and available to the legislative branch of the government.

Referred to the Committee on Rules.

HR 801. By Messrs. Horton of the 95th, Dorminy of the 48th, Marcus of the 105th and Wheeler of the 57th:
A RESOLUTION
Creating the Community Antenna Television Systems Study Com mittee; and for other purposes.
WHEREAS, proposed legislation to regulate community antenna television systems and companies through the Public Service Commis sion has been under consideration at the 1970 session; and
WHEREAS, many members of the General Assembly believe that this matter should be given further study before legislation is enacted.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Community Antenna Television Systems Study Committee to be composed of six members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall be authorized to make a thorough study of all matters relating to the feasibility of regulating community antenna television systems and companies through the Georgia Public Service Commission. Said Committee shall be further authorized to consult with State officials, officials of political subdivisions, repre sentatives of community antenna television companies and such other persons, organizations and associations as it deems necessary to carry out its duties as herein provided.
BE IT FURTHER RESOLVED that each member of the Com mittee shall be authorized to receive the expense and allowance provided by law for legislative members of interim committees but shall receive the same for not more than 10 days unless additional days are authorized by the Speaker of the House. 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 regular 1971 ses sion of the General Assembly, and shall stand abolished as of the day the General Assembly convenes in regular session in 1971.
Referred to the Committee on Rules.

1400

JOURNAL OF THE HOUSE,

HR 802. By Messrs. Ware of the 30th, Felton of the 95th, Scarlett of the 67th and Sims of the 106th:

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 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 mem bers of the Committee shall receive the allowances authorized for legis lative 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 the day the General Assembly convenes in regular session in January 1971, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

Referred to the Committee on Rules.

HR 803. By Messrs. Westlake of the 75th, Dodson of the 82nd, Evans of the 81st, Davis of the 86th, Davis of the 75th, Atherton of the 117th and Wamble of the 69th:
A RESOLUTION
Creating the Uniform Governmental Accounting Study Committee; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1401

WHEREAS, the lack of uniformity and consistency in accounting procedures at all governmental levels causes inefficiency and a waste of the taxpayer's dollars; and
WHEREAS, an adequate accounting procedure is needed at all levels of government which would assure internal control, accuracy and con sistency in accounting procedures; and
WHEREAS, such an adequate accounting procedure would make a substantial contribution toward reducing unnecessary governmental expenditures; and
WHEREAS, a thorough investigation and study should be made to explore the feasibility of adopting a law to require a uniform and consistent accounting procedure for all governmental units at the State and local level.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Uniform Govern mental Accounting Study Committee to be composed of seven members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall be authorized to make a study of all matters relative to the feasibility of adopting a law requiring uniform accounting procedures, practices and forms for the State and its agencies and for the political subdivisions of this State and the agencies thereof. Said Committee shall be further authorized to consult with State officials, officials of political subdivisions, accountants and other pro fessionals and such other persons and associations as it deems neces sary to carry out its duties as herein provided.
BE IT FURTHER RESOLVED that each member of the Com mittee shall be authorized to receive the expense and allowance pro vided by law for legislative members of interim committees but shall receive the same for not more than 10 days unless additional days are authorized by the Speaker of the House. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropri ated 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 regular 1971 session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular session in 1971.

Referred to the Committee on Rules.

HR 804. By Messrs. Hawes of the 95th, Bray of the 31st, Hamilton of the 112th and Horton of the 95th:
A RESOLUTION
Creating the State Salary Study Committee; and for other purposes.
WHEREAS, from time to time, during sessions of the General As sembly, the members of the General Assembly are faced with the re-

1402

JOURNAL OF THE HOUSE,

sponsibility of passing upon the salary of various State officials and department heads whose compensation is fixed by law; and

WHEREAS, oftentimes such measures are acted upon individually and without benefit of insight into the various duties and responsibili ties of such officers and the equity of other similar officials' compen sation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Salary
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 of the area of compensation of State officials, and shall explore the advisability of the creation of a commission independent of the General Assembly who would be charged with the responsibility of fixing State officials' compensation or recommending to the General Assembly the compensation of such officials. The Committee shall make a report of its findings and recommendations to the 1971 session of the General Assembly, at which time it shall stand abolished.

Referred to the Committee on Rules.

HR 805. By Messrs. Mauldin of the 12th, Wood of the llth, Sherman of the 80th, Colwell of the 5th and Lowrey of the 9th:
A RESOLUTION
Creating an Automotive Collision Insurance Study Committee; and for other purposes.
WHEREAS, the number of vehicles operating on the streets and highways of this State is increasing at a rapid rate; and
WHEREAS, the number of collisions between vehicles is increasing as the number of vehicles increases; and
WHEREAS, information is needed by this body to determine if legis lation is needed to regulate the premiums paid on automobile collision insurance in relation to the value, as depreciated, of insured vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee, to be known as the Automotive Collision Insurance Study Committee, to be composed of five members of the House to be ap pointed by the Speaker. The committee shall make a thorough and ex haustive study, including consultants with experts and other interested parties, relative to the premiums paid for automotive collision insur ance in relation to the value, as depreciated, of the vehicle or vehicles insured to determine if legislation is needed in this field, and shall make a report of its findings and recommendations, which report shall be

TUESDAY, FEBRUARY 10, 1970

1403

accompanied by such proposed legislation as might be recommended by said committee, to the 1971 session of the General Assembly of Georgia. Said report shall be completed no later than December 15, 1970, at which time the committee shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses and al lowances authorized for members of interim legislative committees but shall receive the same for not more than ten (10) days. The funds neces sary for the purposes of this Resolution shall come from funds ap propriated and available to the legislative branch of the government.

Referred to the Committee on Rules.

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 672-1416. By Messrs. Roach and Harris of the 10th:
A Resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton, Ga. easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situate in Cherokee 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 Anderson Atherton Barfield Battle Bell
Bennett Berry
Black Blalock Bohannon Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Burruss Carnes Gates
Cole Collins, M.
Conger Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dent Dickinson Dixon Dodson
Dorminy Douglas
Edwards Ellis Evans Ezzard Farmer

1404
Felton Floyd, J. H. Funk Gaynor Gignilliat Griffin Gunter Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton

JOURNAL OF THE HOUSE,

Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Longino
Marcus Mason Mauldin McClatchey McDaniell Milford Miller
Moate Moore Morris Mullinax Nash Nessmith
Northcutt Nunn Odom Parker, H. W. Patterson

Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Roach Ross Rush Russell Scarborough Scarlett Shanahan Sims Snow Sorrells Sweat Thompson, A. W. Thompson, R. Vaughn Wamble Wheeler, Bobby
Wheeler, J. A. Wilkerson Wilson Wood

Those not voting were Messrs.:

Ballard Barber Bray Brooks Brown, C. Buck Busbee Caldwell Chandler Clarke Collier Collins, S. Colwell Connell Conner Cook Dean, N. DeLong Egan Fallin
Farrar Floyd, L. R. Gary Geisinger

Grahl Graves Hadaway Hale Hamilton Hargrett Harrington Higginbotham Hill, B. L. Hood Johnson Jones, M. Lambert Lee, W. J. (Bill)
Lewis
Lowrey Matthews, C. Matthews, D. R.
Maxwell
McCracken
Melton
Merritt Miles
Murphy

Pafford Paris Parker, C. A. Peterson Phillips, G. S. Rainey Reaves Rowland Salem Shepherd Sherman Simkins Simmons Smith, J. R. Smith, V. T. Thomason Toles Townsend Ware Westlake Whaley Winkles Williams Mr. Speaker

TUESDAY, FEBRUARY 10, 1970

1405

On the adoption of the Resolution, the ayes were 123, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th, Bray of the 31st, Nunn of the 41st, Marcus of the 105th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to require that the Department of Archives and History make certain of its facilities available for use of the general public on certain Saturdays; to provide that the Depart ment may close its facilities on any Monday, if it so chooses; and for other purposes.

The following committee amendment was read and adopted:
The Committee on House State of Republic moves to amend House Bill No. 1282 as follows:
Amend Section I by striking 9:00 A.M. to 5:00 P.M., and inserting in lieu thereof 9:30 A.M. to 3:30 P.M.

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend HB 1282 by striking the last sentence of Section I which reads as follows:
"If it so chooses, the Department may close its facilities and suspend its operations on Monday."

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 Atherton Barber

Barfield Battle Bell Bennett

Berry Black Blalock Bohannon

1406
Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Burruss Busbee Carnes Gates Chandler Collier 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 Ezzard Farmer Floyd, J. H. Floyd, L. R. Gaynor Gignilliat Graves Griffin

JOURNAL OP THE HOUSE,

Gunter 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 Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Knowles
Kreeger Lane, Dick
Lane, W. J. Lee, W. S. Leonard Lowrey Marcus Mason Mauldin McDaniell Melton Milford Miller
Moate

Moore Morris Mullinax Nessmith
Odom Parker, H. W. Patterson Peters Phillips, W. R. Pinkston
Poole Potts Roach
Ross Rush Russell Scarborough Shanahan Shepherd Simmons Sims Snow Sorrells
Sweat Thompson, A. W. Thompson, R.
Toles Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs.

Ellis

Phillips, L. L.

Pickard

Those not voting were Messrs.:

Anderson Ballard Bond Brooks Brown, B. D.
Brown, C. Buck Caldwell Clarke

Cole Collins, M. Conner DeLong Dorminy Edwards Egan Evans Fallin

Farrar Felton Funk Gary Geisinger Grahl Hadaway Hale Hamilton

TUESDAY, FEBRUARY 10, 1970

1407

Hargrett Hood Johnson Jones, M. Keen Keyton Knapp Lambert Lee, W. J. (Bill) Levitas Lewis Longino Matthews, C. Matthews, D. R.

Maxwell McClatchey McCracken Merritt Miles Murphy Nash Northcutt Nunn Pafford Paris Parker, C. A. Peterson Phillips, G. S.

Rainey Reaves Rowland Salem Scarlett Sherman Simkins Smith, J. R. Smith, V. T. Thomason Townsend Vaughn Whaley Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 3.

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

HB 1043. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Sec tion, shall apply; 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 Atherton Battle Bell Bennett Berry Black Blalock Bond

Bostick Bowen Brantley, H. H. Bray Brooks Burruss Busbee Games Chandler Collier

Collins, M. Collins, S. Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

1408
Dean, N. DeLong Dent Dickinson Dorminy Ellis Evans Fallin Felton Floyd, L. R. Funk Gaynor Gignilliat Graves Gunter Harrington Harris, J. F. Harris, J. B. Harris, R. W. Hawes Henderson Hill, B. L. Housley Howell

JOURNAL OF THE HOUSE,

Hutchinson
Joiner Jones, Herb
Jordan, H. S. Keyton
Knapp Knowles Kreeger
Levitas Lewis
Mason Mauldin McClatchey McDaniell Melton Milford Miller Moate Mullinax Nash Nunn Pafford Parker, H. W. Peterson

Phillips, G. S. Pickard Pinkston Potts Rainey Reaves Roach Rush Shanahan Sims Smith, J. R. Thomason Thompson, A. W. Thompson, R. Vaughn
Wamble Whaley Wilkerson Winkles Williams
Wilson Wood

Those voting in the negative were Messrs.:

Ballard Conger Ezzard Farmer Floyd, J. H. Hadaway Harrison

Horton Jordan, G. Lee, W. S. Leonard Moore Morris Patterson

Peters Phillips, L. L. Phillips, W. R. Ross Scarborough

Those not voting were Messrs.:

Anderson Barber Barfield Bohannon Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Gates Clarke Cole Colwell Connell Dean, J. E. Dixon

Dodson Douglas Edwards Egan Farrar Gary Geisinger Grahl Griffin Hale
Hamilton Hargrett Higginbotham Hill, G. Holder
Hood

Hudson Johnson Jones, C. M. Jones, M. Keen Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Longino Lowrey Marcus
Matthews, C. Matthews, D. R. Maxwell
McCracken

Merritt Miles Murphy Nessmith Northcutt Odom Paris Parker, C. A. Poole Rowland

TUESDAY, FEBRUARY 10, 1970

1409

Russell Salem Scarlett Shepherd Sherman Simkins Simmons Smith, V. T. Snow Sorrells

Sweat Toles Townsend Ware Westlake Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 100, nays 29.

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

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th, Bond of the lllth, Farmer of the 16th and Evans of the 81st:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions re lating to exhaust systems, brakes and windshield wipers; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "Uniform Act Regu lating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 950), an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), and an Act approved March 31, 1965 (Ga. Laws 1965, p. 406), so as to change the provisions relative to certain brakes required on certain motor vehicles; to change the pro visions relative to the inspection of braking systems, windshield wipers and exhaust systems; to change the inspection fee; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 950), an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), and an Act approved March 31, 1965 (Ga. Laws 1965, p. 406), is hereby

1410

JOURNAL OF THE HOUSE,

amended by striking in its entirety paragraph 3 of subsection (a) of Section 115 and substituting in lieu thereof a new paragraph 3 to read as follows:

"3. Every new trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer or boat trailer of less than 2500 pounds gross weight need not be equipped with brakes. Any two or four wheel farm trailer, pulled from a tongue, used in or operated for farm purposes, shall not be required to have an independent braking system thereon, pro vided said farm trailer shall not weigh over 4000 pounds when empty."

Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 115 a new paragraph 6 to read as follows:

"6. Every motor vehicle shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from: snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equiva lent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designated that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes."

Section 3. Said Act is further amended by striking in its entirety paragraph (1) of subsection (a) of Section 126 and substituting in lieu thereof the following:

"(1) Brakes. The performance ability of brakes shall meet those minimum requirements prescribed by subsection (b) of Sec tion 115 of this Act. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. In addition, the inspector shall make a visual inspection to insure that the vehicle is free from any leaks in the braking system, that no cables are frayed to any great extent and that the rods are in a safe condition, that there is at least 1 inch of pedal reserve for power brakes with the brake applied and at

TUESDAY, FEBRUARY 10, 1970

1411

least 2 inches of pedal reserve for regular brakes when applied, that there are no loose hubs or loose stud bolts, and that the fluid level in the master cylinder is adequate. The inspector shall remove at least one wheel from the vehicle in order to determine that the brake linings, drums and shoes are in a safe and serviceable con dition. No vehicle shall be given a certificate unless it shall be equipped with the brakes required by Section 115 of this Act."

Section 3. Said Act is further amended by striking paragraph (5) of subsection (a) of Section 126 in its entirety and inserting in lieu thereof a new subsection (5) to read as follows:

"(5) Windshield wiper blades. Every vehicle shall have the windshield wipers located upon the driver's and passenger's side in good working order, if said vehicle is equipped with a wind shield."

Section 4. Said Act is further amended by adding immediately after paragraph (13) of subsection (a) of Section 126 a new para graph to be designated paragraph (14) to read as follows:

"(14) Exhaust systems. The exhaust system of every motor vehicle shall meet those minimum requirements prescribed by Section 117 of this Act."

Section 5. Said Act is further amended by striking from subsec tion (c) of Section 126B the figure "1.25" and inserting in lieu thereof the figure "3.00", so that subsection (c) of Section 126B when so amended shall read as follows:

"(c) A fee of $3.00 shall be charged for each certificate of inspection and approval, $.25 of which shall be remitted to the Director as a regulatory fee, and the Director shall turn the same into the State Treasury. The Director may promulgate rules and regulations governing the remission of such fees by the person issuing the certificate."

Section 6. 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. Matthews of the 63rd moves to amend the Committee substitute to HB 282 by striking on page 4, line 4 the words "and passenger's side".

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.

1412

JOURNAL OF THE HOUSE,

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 Alexander Atherton Ballard
Barber Battle Bennett Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Burruss Busbee Carnes Clarke Collier Collins, S. Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Dean, J. E. DeLong Dent Dickinson Ellis

Evans
Ezzard Fallin Farmer Felton Gary Gaynor Geisinger Gignilliat Grahl
Graves Griffin Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham
Hill, B. L. Holder Hood Horton Housley Hutchinson Jones, Herb Jordan, H. S. Knapp Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey

Marcus
Mason Matthews, C. McClatchey McDaniell Melton Miller Moate Mullinax Nash
Nunn Odom Pafford Parker, H. W. Phillips, G. S. Phillips, L. L. Poole Potts Rainey
Roach Shepherd Simmons Snow Sorrells Thomason Thompson, R. Toles Vaughn Ware Winkles Williams Wilson
Wood

Those voting in the negative were Messrs.:

Anderson Bell Berry Black Cole Cooper Davis, W. Dean, N. Dorminy Floyd, J. H.

Floyd, L. R. Harris, J. F. Harrison Joiner Jordan, G. Lane, W. J. Leonard Matthews, D. R. Mauldin Milford

Morris Patterson Phillips, W. R. Ross Rush Smith, J. R. Whaley Wheeler, Bobby

TUESDAY, FEBRUARY 10, 1970

1413

Those not voting were Messrs.:

Barfield
Bostick Bowen Brown, C. Buck Caldwell Gates Chandler
Collins, M. Colwell Dixon Dodson Douglas Edwards Egan Farrar Funk Gunter Hadaway Hale Hamilton Hargrett

Hill, G.
Howell Hudson Johnson Jones, C. M. Jones, M. Keen Keyton
Knowles Lane, Dick Longino Maxwell McCracken Merritt Miles Moore Murphy Nessmith Northcutt Paris Parker, C. A. Peters

Peterson
Pickard Pinkston Reaves Rowland Russell Salem Scarborough
Scarlett Shanahan Sherman Simkins Sims Smith, V. T, Sweat Thompson, A. W. Townsend Wamble Westlake Wheeler, J. A. Wilkerson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 101, nays 28.

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

Mr. Brown of the 110th moved that HB 282, by substitute, as amended, be immediately transmitted to the Senate.

The motion prevailed and HB 282 was ordered immediately transmitted to the Senate.

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A Bill to be entitled an Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sun glasses are fitted with heat treated glass lenses, plastic lenses or lam inated lenses; and for other purposes.

The following amendment was read and adopted: Mr. Higginbotham of the 75th moves to amend HB 1287 by striking

1414

JOURNAL OF THE HOUSE,

in line 2 of page 2 "a severe reprimand by the violator's licensing entity" and inserting the words "a fine of not more than $200.00".

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 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. Bray Brooks Brown, B. D. Burruss Games Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper D alley Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Edwards

Evans Ezzard Fallin Farmer Farrar Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Harrington Harris, J. F. Harris, R. W. Henderson Higginbotham Horton Housley Howell Hutchinson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R.

Mauldin McClatchey McDaniell Milford Moate Morris Mullinax Murphy Nash Nessmith Odom Pafford Paris Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Roach Ross Rush Scarborough Shanahan Simmons Sims Sweat Thomason Thompson, A. W. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

TUESDAY, FEBRUARY 10, 1970

1415

Those not voting were Messrs.:

Barfield Bostick Bowen Brantley, H. L. Brown, C. Buck Busbee Caldwell Gates Chandler Conner Crowe DeLong Dodson Dorminy Douglas Egan Ellis Felton
Floyd, J. H. Gary Hale Hamilton Hargrett
Harris, J. R. Harrison

Hawes Hill, B. L. Hill, G. Holder Hood Hudson Johnson Jones, C. M. Jones, M. Keen Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Lewis Longino Maxwell McCracken Melton
Merritt Miles Miller Moore Northcutt
Nunn Parker, C. A.

Parker, H. W. Patterson Peterson Pickard Pinkston Rainey Reaves Rowland Russell Salem Scarlett Shepherd Sherman Simkins Smith, J. R. Smith, V. T. Snow Sorrells Thompson, R.
Townsend Vaughn Ware Wilkerson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 119, nays 0.

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

HB 1340. By Messrs. Phillips of the 50th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, as amended, so as to provide that in each local school system the pupil-teacher ratio for first grade shall not be allowed to exceed 25 pupils per teacher; 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 Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide that in each local school system the pupil-teacher ratio for first grade shall not be

1416

JOURNAL OF THE HOUSE,

allowed to exceed 25 pupils per teacher; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by adding to the end of Section 11 the following:

"Notwithstanding any law, rule or regulation to the contrary, the assignment of pupils to teachers for each first grade class in each local school system shall not be allowed to exceed twentyfive pupils per teacher."

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 Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock
Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee

Gates 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 Dorminy

Douglas Edwards Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary
Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W.

TUESDAY, FEBRUARY 10, 1970

1417

Harrison Hawes Henderson Higginbotham Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Poole

Potts Roach Ross Rush Scarborough Shanahan Sherman Sims Smith, V. T. Snow Sweat Thomason Thompson, A. W.
Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Alexander Brantley, H. L. Brooks Caldwell Games Chandler Dean, J. E. Dodson Ezzard Funk Hadaway Hale Hamilton Hargrett Hill, B. L. Hill, G.

Holder Hood Johnson Jones, M. Keen Lane, W. J. Lewis Longino McCracken Merritt Miller Parker, C. A. Parker, H. W. Peterson Pickard Pinkston

Rainey Reaves Rowland Russell Salem Scarlett Shepherd Simkins Simmons Smith, J. R. Sorrells Thompson, R. Townsend Mr. Speaker.

On the passage of the Bill, by substitute, the ayes were 149, nays 0.

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

1418

JOURNAL OF THE HOUSE,

HB 1301. By Mr. Conger of the 68th:
A Bill to be entitled an Act to re-enact Section 15 of an Act approved Mar. 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, main tain and operate at any of the seaports of this state, terminal facili ties of all kinds; 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 Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell
Conger Connell Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, J. E.
Dean, N. DeLong Dent Dickinson Dodson Dorminy Douglas Egan Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill, G. Horton Housley Hudson

Hutchinson Johnson Jones, C. M. Jordan, G. Jordan, H. S.
Keen Keyton Knapp Knowles Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lowrey Marcus Matthews, C. Mauldin Maxwell
McClatchey Melton Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris

TUESDAY, FEBRUARY 10, 1970

1419

Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Poole Potts Rainey Reaves Roach Ross Rush

Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Smith, V. T. Snow Sorrells
Sweat Thomason

Thompson, A. W. Toles Townsend Wamble Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson

Those voting in the negative were Messrs.:

Dixon

Lee, W. S.

Phillips, W. R.

Those not voting were Messrs.:

Atherton Bostick Bowen Brooks Burruss Caldwell Carnes Gates Conner Cook Cooper Edwards Ellis Pelton Funk Hadaway Hale

Hargrett Harris, J. R. Hawes Hill, B. L. Holder Hood Howell Joiner Jones, Herb Jones, M. Kreeger Lewis Longino Mason Matthews, D. R. McCracken McDaniell

Merritt Miles Miller
Parker, C. A. Pickard Pinkston Rowland Simkins Sims Smith, J. R. Thompson, R. Vaughn Ware Whaley Wood Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 3.

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

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Gates of the 95th, Winkles of the 96th, Brantley of the 114th and many others:
A Bill to be entitled an Act to authorize State Department of Archives and History to study problems of record keeping in Fulton County and make recommendations; authorize governing authorities of Fulton Coun ty to implement recommendations and photograph by microscopic pro-

1420

JOURNAL OF THE HOUSE,

cedure, certain records which may be cumbersome for storage; 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.

The Bill, having received the requisite constitutional majority, was passed.
HB 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th: A Bill to be entitled an Act to amend Code Section 79A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise, equipment and articles pursuant to said Section, in like manner and authority as the State Board of Pharmacy; 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 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th: A Bill to be entitled an Act to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to authorize the board to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by un licensed persons or which have the potential for abuse, and a description of same; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 79A-3, relating to drug inspectors, so as to authorize the State drug inspector to com pile, publish and keep up to date a phamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by un licensed persons or which have the potential for abuse, and a descrip tion of same; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1421

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 79A-3, relating to drug inspectors, is hereby amended by adding thereto a new Code Section, to be designated as "79A-306", to read as follows:

"79A-306. The State drug inspector is hereby authorized and directed to compile, publish, keep current and distribute a pam phlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons, or which have the potential for abuse, and descriptions of same (taste, smell, physi cal features and feel).

The drug inspector shall provide, for such fee as he deems reasonable, such number of said pamphlets to law enforcement officials, school officials, parents and other interested citizens, as are requested."

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 111, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1206. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to pro vide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend House Bill No. 1206 as follows:
By striking from lines 17 and 18 on page 4 the words "and a bill of exceptions," and placing a period at the end of the word "trial" on line 17.

1422

JOURNAL OF THE HOUSE,

By striking from line 30 on page 4 the words "State Treasurer" and inserting in lieu thereof the words "governing authority of the county in which the judge emeritus serves."

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 98, nays 10.

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

Mr. Busbee of the 61st moved that HB 1206, as amended, be immediately transmitted to the Senate.

The motion prevailed and HB 1206, as amended, was ordered immediately transmitted to the Senate.

HB 1343. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms 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 104, nays 2.

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

HB 695. By Messrs. Battle of the 90th, Patterson of the 20th, Gary of the 21st, Dickinson of the 118th, Henderson of the 117th and many others:
A Bill to be entitled an Act to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1423

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 Barber Barfield Battle Bennett Black Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee Carnes Gates Clarke Cole Collier Collins, M. Collins, S. Colwell Cook Cooper Dailey Davis, E. T. Davis, W.
Dean, N.
Dickinson
Dixon
Dodson
Dorminy
Douglas
Edwards
Ezzard
Fallin
Farmer

Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Harrington Harrison Hawes Henderson Horton Howell Hudson Hutchinson Joiner Jones, C. M. Jordan, G. Keen Knapp Knowles Lane, Dick
Lee, W. J. (Bill)
Lewis
Longino
Lowrey
Marcus
Mason
Mauldin
McDaniell
Melton
Milford

Miller Moate Morris Nash Nessmith Northcutt Nunn Parker, H. W. Patterson Peters Peterson Phillips, L. L. Poole Potts Reaves Roach Ross Salem Shanahan Simkins Sims Sorrells Sweat Thompson, A. W. Toles Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Winkles
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Alexander Conger

Griffin Lee, W. S.

Leonard Odom

1424

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anderson Atherton Ballard Bell
Berry Blalock Bond Bowen Brooks Brown, B. D. Buck Burruss Caldwell Chandler Connell Conner Crowe Daugherty Dean, J. E. DeLong Dent Egan Ellis Evans Farrar Funk Gunter Hale

Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Johnson Jones, Herb Jones, M. Jordan, H. S. Keyton Kreeger Lambert Lane, W. J. Levitas Matthews, C. Matthews, D. B. Maxwell McClatchey McCracken Merritfc Miles Moore Mullinax

Murphy Pafford Paris Parker, C. A. Phillips, G. S. Phillips, W. R. Pickard Pinkston Rainey Rowland Rush Russell Scarborough Scarlett Shepherd
Sherman Simmons
Smith, J. R.
Smith, V. T. Snow Thomason Thompson, R.
Townsend
Vaughn Wamble Ware
Mr. Speaker

On the passage of the Bill, the ayes were 106, nays 6.

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

Mr. Hill of the 94th wished to be recorded as voting 'aye" on the passage of HB 695.

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A Bill to be entitled an Act to amend.Code Section 79A-9911, relating! to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third . unnumbered paragraph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

1425

The following Committee substitute was read:

A BILL

To be entitled an Act to amend Code Title 79A, relating to phar macists, pharmacy, and drugs, as amended, so as to delete all references to marijuana from Chapter 79A-8, known as the Uniform Narcotic Drug Act, and to provide that marijuana or any substance containing any quantity of marijuana, or the substance known as tetrahydrocannibinol or any salt, derivative, compound, or manufacture thereof, whether natural or synthetically produced shall be included within the definition of "depressant or stimulant drug" in Code Chapter 79A-903; to further define "marijuana"; to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Nar cotic Drug Act, so as to delete all references to minors in the third un numbered paragraph of said Section, and substituting in lieu thereof the words "any person", so that the provisions of said unnumbered para graph shall be applicable to any person who gives, offers for sale, bar ters, exchanges or furnishes any person any narcotic drug in viola tion of said Chapter; to exempt marijuana from coverage of said third unnumbered paragraph; to change the punishments contained therein; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Title 79-A, relating to pharmacists, pharmacy, and drugs, as amended, is hereby amended by striking from subsection (14) of Section 79A-802 the following: "marijuana,", so that when so amended said subsection (14) shall read as follows:

"(14) 'Narcotic drugs' means coca leaves, opium, isonipecaine, and every other substance neither chemically nor physically distinguishable from them and any other drugs to which the Federal laws relating to narcotic drugs may now apply; and any drug found by the Georgia State Board of Pharmacy to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine."

Section 2. Said Code Title is further amended by creating a subparagraph 5 of subsection (b) of Section 79A-903, which shall read as follows:

"5. Every substance containing any quantity of marijuana; or the substance known as tetrahydrocannibinol or any salt, deriva tive, compound, or manufacture thereof whether natural or syn thetically produced; provided, that the term 'marijuana' shall mean all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but the term shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or prepara-

1426

JOURNAL OF THE HOUSE,

tion of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is in capable of germination."

Section 3. Said Code Title is further amended by striking the third unnumbered paragraph of Code Section 79A-9911 and inserting in lieu thereof the following:

"Provided, however, any other provisions of this Section to the contrary notwithstanding, any person, who, by himself, agent, or through any other person, sells, offers for sale, barters, or ex changes with any person any narcotic in violation of the provisions of said Chapter, shall be guilty of a felony, and upon the first conviction thereof shall be punished by imprisonment in the peni tentiary for not less than five years nor more than ten years, and it shall be within the discretion of the judge to sentence such per son to life imprisonment: Provided further, however, that any per son who shall be convicted for the second or any subsequent offense, as set out in the preceding proviso, shall be guilty of a felony, and upon conviction, shall be punished by imprisonment for a period of not less than ten years nor more than twenty years, and it shall be within the discretion of the judge to sentence such person to life imprisonment."

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 and adopted:
Mr. Murphy of the 19th moves to amend HB 1378 by striking from line seven the words "five" and the word "ten" and inserting in lieu thereof the words "one" and "five" respectively.
And by striking the words "and it shall be within the discretion of the Judge to sentence such person to life imprisonment:" from lines 7, 8 and 9.

An amendment to the Committee substitute offered by Mr. Alexander of the 108th was read and ruled out of order by the Speaker.

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 108, nays 3.

TUESDAY, FEBRUARY 10, 1970

1427

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

Mr. Graves of the 9th moved that HB 1378, by substitute, as amended, be im mediately transmitted to the Senate.

On the motion the ayes were 103, nays 1.

The motion prevailed and HB 1378, 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.

1428

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 11, 1970

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Albert Huyck, Pastor, First Baptist Church, Swainsboro, Georgia:
Our Heavenly Father, You are constantly with us, and we are thankful; for those of us who have learned to rely on You would be lost without You. Yet, at the beginning of this day, we take time to give you our undivided attention in a few moments of worship.
We thank You for the night of rest and for our many blessings, both large and small. We remember that "every good gift and every perfect gift cometh from above."
Our Father, we take time to pray for forgiveness of our sins, and remember "if we confess our sins, You are faithful and just to for give us our sins and cleanse us from all unrighteousness."
Our Father, we ask for wisdom and strength beyond ourselves, and pray that by your grace, we may be equal to your will for us today regardless of the circumstances.
May we so live that we shall not live this day in vain.
This, we pray in Jesus' name.
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:

WEDNESDAY, FEBRUARY 11, 1970

1429

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 Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1577. By Messrs. Kreeger and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta, so as to authorize the Board of Education of the City of Marietta to establish a medical and hospitalization insurance program for certain personnel subject to the jurisdiction of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1578. By Messrs. Kreeger, Wilson and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1579. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to change the day of the annual elec tion; to increase the compensation of mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1580. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss, Atherton and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to authorize the district attorney to employ an additional part-time assistant district attorney who shall be assigned to the Juvenile Court of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

1430

JOURNAL OP THE HOUSE,

HB 1581. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to provide for penalties for violations of any ordinance rules and regulations of said city; to provide for installa tion and construction of improvements; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1582. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Towns County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1583. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to reincorporate the Town of Marshallville and to make same a city; to create a new charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1584. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Lanier County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1585. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to create a new board of education of Lanier County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1586. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bleckley County upon an annual salary, so as to change the number of deputies and their compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1587. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled to amend an Act abolishing the present mode of compensating the tax collector of Bleckley County, so as to change the compensation of the tax collector; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 11, 1970

1431

HB 1588. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1589. By Messrs. Felton and Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 26-506, relating to multiple prosecution for same conduct, so as to require an accused to make a pre-trial motion for single prosecution before several crimes arising out of the same conduct must be prosecuted in a single prosecu tion; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1590. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act amending, revising, and enlarging the charter for the City of Conyers, so as to change the mode of electing the mayor and aldermen and their terms of office; and for other purposes.
Referred to the Committee on Local Affairs.

HR 739-1590. By Mr. Melton of the 32nd:
A Resolution creating the Georgia Motor Transport Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 740-1590. By Messrs. Smith of the 43rd, Chandler of the 34th, and Murphy of the 19th:
A Resolution accepting the bid of Downtown Development Corporation, F. M. Air Rights Company and City Center, Inc., occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, now known as the "Atlanta Union Passenger Station of the Western and Atlantic Railroad"; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1591. By Mr. Atherton of the 117th:
A Bill to be entitled an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, so as to authorize municipal governing authorities to provide for the inclusion of adjacent unincorporated territory within the planning and zoning jurisdiction of the municipality; and for other purposes.
Referred to the Committee on Local Affairs.

1432

JOURNAL OF THE HOUSE,

HB 1592. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act incorporating the City of Lyons, so as to change the number of votes of the councilmen required to override the veto of the mayor of any ordinance, order, or resolution of the council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1593. By Messrs. Maxwell, Miles and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th: A Bill to be entitled an Act to provide for a budget in certain counties of this State; to define terms "authorities", "budget officer" and "bud get commission" as used in this Act; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1594. By Mr. Harrison of the 66th: A Bill to be entitled an Act to create the Camden County Historical Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1595. By Mr. Ware of the 30th: A Bill to be entitled an Act to amend an Act known as the "Insurance Premium Finance Company Act", so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; and for other purposes.
Referred to the Committee on Insurance.
HB 1596. By Messrs. Conger and Griffin of the 68th: A Bill to be entitled an Act to amend an Act changing the method of selecting the members of the Board of Education of Miller County, so as to provide for the compensation of the chairman and members of the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1597. By Messrs. Conger and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 11, 1970

1433

HB 1598. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend Title 88 of the Code of Georgia known as the "Georgia Health Code", so as to add thereto a new chapter to be known as Chapter 88-29; to provide that said Chapter shall be entitled "Georgia Medical Consent Law"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1599. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act amending, consolidating, creating, revising and superseding the several acts incorporating the City of Blackshear in the County of Pierce, so as to provide for the election of a Judge of the Mayor's Court in the event that the Mayor is disqualified or fails to act as Judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1600. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Santa Clause, so as to change the name of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1601. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit", so as to provide for additional compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1602. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide a new charter for the City of Flovilla; and for other purposes.
Referred to the Committee on Local Affairs.

HR 742-1602. By Messrs. Hudson and Dorminy of the 48th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

1434

JOURNAL OF THE HOUSE,

HR 743-1602. By Messrs. Maxwell and Simkins of the 78th, Council and Dent of the 79th, Sherman and DeLong of the 80th:
A Resolution proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority to establish historic zones within designated areas of the city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1608. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend the charter of the City of Powder Springs in the County of Cobb, so as to create a new charter for said city; to prescribe the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1609. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to change the name of the recorder's court; and for other purposes.
Referred to the Committee on Local Affairs.

HR 806-1609. By Messrs. Atherton, Burruss, Kreeger, Wilson, Henderson and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1610. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1611. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to repeal an Act incorporating the municipality of Elberta; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 11, 1970

1435

HB 1613. By Messrs. Geisinger of the 72nd, Dodson of the 82nd, Westlake of the 75th, Collins of the 72nd, Holder of the 49th, Smith of the 3rd and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 88-2709, relating to illegal traffic in human bodies, so as to allow payments by the Board for distribution of unclaimed dead bodies to next of kin for burial benefits similar to those paid by the Social Security Administration, Veterans Administration, and the Railroad Retirement System; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1614. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act providing for the compensa tion of the sheriff and clerk of the superior court of Liberty County, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th, Collins of the 72nd, Morris of the 73rd, Farrar of the 77th and others:
A Bill to be entitled an Act to prohibit any real estate agent or broker from inducing or attempting to induce for profit any person to sell or rent his dwelling by the use of representations that a person or persons of a particular race, color, religion or national orgin are planning to rent or buy a house, apartment or other abode in the neighborhood; and for other purposes.
Referred to the Committee on Industry.

HB 1616. By Messrs. Caldwell and Smith of the 39th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1617. By Messrs. Caldwell and Smith of the 39th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensa tion of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1618. By Mr. Edwards of the 45th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Marion County, so as to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

1436

JOURNAL OP THE HOUSE,

HB 1619. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Marion County, so as to change the provisions relating to the compensation of the Sheriff and deputy sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1620. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Marion County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1621. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act, creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (s) increasing the corporate limits of the City of Smyrna; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1622. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to 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 January 1, 1971; and for other purposes.
Referred to the Committee on Rules.

HB 1623. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th, Connell and Dent of the 79th:
A Bill to be entitled an Act to create in each county of the State having a population of not less than 140,000, a county personnel commission which shall operate as an advisory body to the governing authority of the county and which shall consist of 6 members appointed by the governing authority for staggered terms; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1624. By Mr. Henderson of the 117th: A Bill to be entitled an Act to amend an Act entitled the "Uniform

WEDNESDAY, FEBRUARY 11, 1970

1437

Act Regulating Traffic on Highways", so as to change the speed limits for pickup trucks; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1625. By Mr. Sherman of the 80th:
A Bill to be entitled an Act to repeal an Act incorporating the City of Augusta as the City Council of Augusta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1626. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to place the Official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with criminal cases; 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 1638. By Messrs. Wilkerson of the 103rd and Adams of the 100th:
A Bill to be entitled an Act to require members of the State Board of Education or any members of any county or independent Board of Education to send their children between the ages of 7 and 16 to public schools; to provide that failure to do so shall be grounds for removal of any such Board member; and for other purposes.
Referred to the Committee on Education.

HB 1639. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases;", so as to increase the compensation of the court reporter; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1648. By Messrs. Floyd of the 7th, Ware of the 30th, Wood of the llth and Dean of the 19th:
A Bill to be entitled an Act to amend an Act imposing a tax upon the sale, use or other disposition of cigars and cigarettes within this State, so as to provide that the taxes imposed by this Act shall not

1438

JOURNAL OF THE HOUSE,

be levied against persons purchasing cigars or cigarettes exclusively for use by the patients at the Georgia War Veterans Home; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1644. By Messrs, Floyd of the 7th, Funk of the 92nd and Harris of the 10th:
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 General Assembly to establish by law a schedule of minimum salaries for teachers and other certificated professional personnel and an index salary schedule; and for other purposes.
Referred to the Committee on Education.

HB 1651. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to prevent discrimination on account of race, creed, color or national origin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and attendance of students; and for other purposes.
Referred to the Committee on Education.

HB 1656. By Messrs. Parker of the 44th, Felton of the 95th, Brantley of the 52nd, Williams of the llth, Carnes of the 104th, Grahl of the 40th 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 provide that the General Assembly may appropriate funds for the purposes of reducing required local effort; and for other purposes.
Referred to the Committee on Education.

HR 813-1653. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the State Properties Control Commission to amend the December 10, 1969, lease contract between State Properties Control Commission and Baldwin County Board of Education, so as to delete and remove the portion of land that is described in and is being leased by virtue of the said lease contract; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 814-1653. By Mr. Barber of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on

WEDNESDAY, FEBRUARY 11, 1970

1439

the taxable property in the territory comprising said district for fire protection purposes; 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 1528. By Mr. Reaves of the 71st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must receive a majority of the votes cast for a particular office in the city election in order to be elected to said office; and for other purposes.

HB 1529. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, so as to change the provisions relating to the compensation of certain personnel within the sheriff's office; and for other purposes.

HB 1530. By Mr. Dickinson of the 118th:
A Bill to be entitled an Act to change the corporate limits of any municipality in this State having a population of not less than 4,440 nor more than 4,470; and for other purposes.

HB 1531. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create a new Board of Education of Gordon County; and for other purposes.

HR 729-1531. By Mr. Hargrett of the 58th:
A Resolution urging each and every teacher in the public and private schools of Georgia to report to their principals or law enforcement officials their knowledge concerning drug abuse or "pushing" on or near their school campuses; and for other purposes.

HR 730-1531. By Mr. Paris of the 14th:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school System of Barrow County into one school district; and for other purposes.

1440

JOURNAL OF THE HOUSE,

HB 1532. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertain ing to the City of Dawson in the County of Terrell, and to provide a new charter therefor; and for other purposes.

HB 1533. By Messrs. Levitas, Thomason, Harris and Farrar of the 77th, Jordan of the 74th, Dean of the 76th, Higginbotham, Davis and Westlake of the 75th, Geisinger of the 72nd, Bell and Morris of the 73rd:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system in DeKalb County for employees of DeKalb County, so as to place the Chief of the DeKalb County Police Depart ment under the DeKalb County Merit; and for other purposes.

HB 1534. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to create the Kinchafoonee Lake Authority as an instrumentality of the State of Georgia; and for other purposes.

HB 1535. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to provide that nothing in this Act shall be construed to apply to private homes or private day care centers; and for other purposes.

HR 732-1535. By Mr. Collier of the 54th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.

HB 1536. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce, so as to change the name of the Mayor's Court; and for other purposes.

HB 1537. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1441

HB 1538. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of compensa tion, so as to provide for a contingent expense allowance for the sheriff; and for other purposes.

HB 1539. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.

HB 1540. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Butts County upon an annual salary, so as to increase the clerical allowance for the ordinary; and for other purposes.

HB 1541. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases known as the "Georgia Civil Practice Act", so as to provide that unless otherwise agreed by the parties, a deposition shall be taken in the county of residence of the deponent; and for other purposes.

HB 1542. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide for the addition of two members of the Board of Education of Monroe County; and for other purposes.

HB 1543. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act creating and establishing a Small Claims Court in each county having a population of not less than 9,213 and not more than 9,640; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; and for other pur poses.

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for McDuffie County; and for other purposes.

1442

JOURNAL OF THE HOUSE,

HB 1545. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Glascock County; to prescribe the jurisdiction of said court; and for other purposes.

HB 1546. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions relating to the districts from which commissioners are elected; and for other purposes.

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts, and that one commissioner shall be elected from each of said Districts; and for other purposes.

HB 1548. By Messrs. Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to provide that the County of Colquitt shall be divided into five districts, and that one member of the Colquitt Board of Education shall be elected from each such district; and for other purposes.

HB 1549. By Messrs. Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to include certain described properties within the corporate limits of said City; and for other pur poses.

HB 1550. By Messrs. Gaynor of the 88th, Odom of the 61st, Longino of the 98th and Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 13-2021, relating to loans upon or purchase of bank stock by banks, so as to prohibit loans by banks on its capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes.

HB 1551. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Stephens County, so as to change the compensation of the judge and solicitor of the City Court of Stephens County; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1443

HB 1552. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Commissioner of Crawford County, known as the fee sys tem; to provide in lieu thereof an annual salary; and for other purposes.

HB 1553. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said Board of Commissioners; and for other purposes.

HB 1554. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to provide for a base salary for the newly-elected sheriffs and their deputies; and for other purposes.

HB 1555. By Mr. Grahl of the 40th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, so as to provide for a base annual salary with annual raises for four years; and for other purposes.
HB 1556. By Mr. Grahl of the 40th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Treasurer of Crawford County, so as to change the compensation of said Treasurer; and for other purposes.
HB 1557. By Mr. Grahl of the 40th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an annual salary, so as to provide for a base salary for each newly-elected Ordinary of Crawford County; and for other pur poses.
HB 1558. By Mr. Lee of the 61st: A Bill to be entitled an Act to amend an Act prohibiting the sale or delivery of certain harmful materials to minors, so as to delete certain procedural requirements; to provide that it shall be unlawful for minors (as defined) to be admitted to any "X" rated motion pictures; and for other purposes.

1444

JOURNAL OF THE HOUSE,

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional property; and for other purposes.

HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of com pensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.

HR 733-1560. By Mr. Rush of the 51st:
A Resolution changing the name of the Gordonia Altamaha State Park to the "Brown Thrasher State Park, Reidsville, Georgia"; and for other purposes.

HR 734-1560. By Mr. Knowles of the 22nd:
A Resolution urging the Government of North Vietnam to abide by the rules of the Geneva Convention; and for other purposes.

HB 1561. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; and for other purposes.

HR 735-1561. By Messrs. Ware of the 30th, Felton of the 95th, Scarlett of the 67th and Sims of the 106th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for civil actions against the State for the recovery of damages caused by the negligence of an employee of the State; and for other purposes.

HB 1563. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Banks County, so as to change the provisions relating to the election of members of said Board of Commissioners; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1445

HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, Wilson, Atherton and Henderson of the 117th:
A Bill to be entitled an Act to amend the "Paulding County Water Authority", so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; and for other purposes.

HB 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th, Harris, Levitas, Farrar and Thomason of the 77th, Jordan and Vaughn of the 74th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, and Dean of the 76th:
A Bill to be entitled an Act to change the compensation of the judges of the juvenile courts in certain counties; and for other purposes.

HB 1566. By Messrs. Barfield of the 71st, Davis of the 75th, Northcutt of the 21st, Mullinax of the 30th, Lane of the 44th and Crowe of the 1st:
A Bill to be entitled an Act to regulate health and dance studio services, sales practices and business and financing methods; and for other pur poses.

HB 1567. By Messrs. Barfield of the 71st, Davis of the 75th, Northcutt of the 21st, Mullinax of the 30th, Lane of the 44th and Crowe of the 1st:
A Bill to be entitled an Act to require the owners or managers of all health or dance studios doing business in the State of Georgia to register with the Joint-Secretary, State Examining Board; and for other purposes.

HR 736-1567. By Mr. Morris of the 73rd:
A Resolution proposing a constitutional amendment so as to authorize the General Assembly to provide by local act for the creation of a local government to be known as the "City and County of DeKalb" which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; and for other purposes.

HR 737-1567. By Messrs. McDaniell, Kreeger, Wilson, Atherton and Housley of the 117th: A Resolution declaring certain State owned property to be surplus and authorizing its disposal; and for other purposes.
HB 1568. 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 provide that candidates for the

1446

JOURNAL OF THE HOUSE,

election to the board of commissioners from each ward shall receive a majority of votes cast; and for other purposes.

HB 1569. By Mr. Conner of the 56th:
A Bill to be entitled an Act to create a small claims court in certain counties of this state; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of such courts; and for other purposes.

HB 1570. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into one office of tax commissioner of Taylor County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1571. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Taylor County and providing in lieu thereof an annual salary for said officer, so as to provide an expense allowance for the sheriff for the operation of the sheriff's automobile; and for other purposes.

HB 1572. By Messrs. Cook and Gates of the 95th, Adams of the 100th, Shepherd of the 107th, Sims of the 106th, Felton of the 95th, Games of the 104th and others:
A Bill to be entitled an Act to authorize and direct the governing au thorities of all municipalities with popoulations of 400,000 or more, to impose a license fee, not to exceed $100 per annum, upon each person who practices astrology for a fee; and for other purposes.

HB 1573. By Messrs. Westlake, Davis of the 75th and Bell of the 73rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioner of DeKalb County, so as to provide that receipts and revenues collected in excess of that required to defray the costs of government shall not be expended during the year collected but shall be carried forward as surplus; and for other purposes.

HB 1603. By Mr. Barber of the 15th:
A Bill to be entitled an Act to identify and define a school bus. A school bus shall be a vehicle designed for the purpose of transporting children to and from school and shall comply with all National Standards and State Standards; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1447

HB 1604. By Mr. Harrison of the 66th:
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 Charlton, so as to change the days on which the meetings of the board are held; and for other purposes.

HB 1605. By Mr. Ross of the 26th:
A Bill to be entitled an Act to provide that no rule or regulation of the Department of Corrections shall be urged or used as a basis for closing a public works camp of any county until there shall be a hearing in the superior court of the county in which the public works camp resides, which hearing shall determine certain facts; and for other purposes.

HB 1606. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act consolidating the laws chartering the City of Summerville, so as to provide for certiorari directly from decisions rendered in the mayor's or recorder's court of the City of Summerville; and for other purposes.
HB 1607. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensa tion of the deputies; and for other purposes.
HB 1612. By Messrs. Lane, Nessmith and Parker of the 44th: A Bill to be entitled an Act to create a new board of education of Bulloch County; and for other purposes.
HR 807-1612. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Resolution providing for the per diem compensation and allowances to certain members of the Constitution Revision Commission created by resolution of the General Assembly; and for other purposes.
HB 1574. By Mr. Egan of the 116th: 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 permit certain purchases for export to qualify for an exemption under the terms of the statute; and for other purposes.

1448

JOURNAL OF THE HOUSE,

HB 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensa tion for the ordinary of Baker County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HR 738-1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a downtown Albany Development Authority and to provide for the powers, duties and responsibilities of said Authority; and for other purposes.
HB 1576. By Mr. Lee of the 61st: A Bill to be entitled an Act to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide that substantial compliance with the forms for affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; and for other purposes.
SB 361. By Senator Stephens of the 36th and Padgett of the 23rd: A Bill to be entitled an Act to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace officers who are employed by or hold office within the political jurisdiction affected; and for other purposes.
SB 388. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Section 113-1518 of Chapter 113-15 of the Code of Georgia, relating to investments made by executors, administrators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to exchange or conversion of certain stock or securities; and for other purposes.
SB 434. By Senator Plunkett of the 30th: A Bill to be entitled an Act to authorize each municipality in this State to provide by ordinance for the levying of a fee on the parking of motor vehicles in places charging for such parking; and for other purposes.

SB 436. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Titles 26 and 27, relating to criminal law, so as to provide a means for combating organized crime; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1449

SB 452. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; and for other purposes.

SB 455. By Senator Dean ofthe 6th:
A Bill to be entitled an Act to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; and for other purposes.

SB 474. By Senator Dean of the 6th:
A Bill to be entitled an Act to incorporate and create a new charter for the City of Jesup, so as to provide for recall of the city commis sioners, including the mayor, by the voters of the city; and for other purposes.

SB 480. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, so as to change the corporate limits of the City of Jesup; and for other purposes.

Mr. Barber of the 15th District, 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 to report same back to the House with the following recommendations:
HR 710-1471. Do Pass. Respectfully submitted, Barber of the 15th Chairman.

Mr. Harris of the 77th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following

1450

JOURNAL OF THE HOUSE,

Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HR 707-1471. Do Pass.

HB 1506. Do Pass.

SB

389. Do Pass by Substitute.

HB 1468. Do Pass.

HB 1405. Do Pass.

HB 1576. Do Pass.

SB

360. Do Pass.

HR 735-1561. Do Pass.

Respectfully submitted,

Harris of the 77th,

Chairman.

Mr. Clarke of the 33rd District, 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 and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB

786. Do Pass.

HB 1154. Do Pass by Substitute.

HB 1209. Do Pass by Substitute.

HB 1423. Do Pass.

HB 1495. Do Pass.

HB 1508. Do Pass.

HB 1516. Do Pass.

HB 1517. Do Pass.

HB 1518. Do Pass.

HB 1524. Do Pass.

HB 1529. Do Pass.

HB 1531. Do Pass.

HB 1533. Do Pass.

HB 1537. Do Pass.

HB 1544. Do Pass.

WEDNESDAY, FEBRUARY 11, 1970

1451

HB 1545. Do Pass.

HB 1546. Do Pass.

HB 1549. Do Pass.

HB 1552. Do Pass.

HB 1553. Do Pass.

HB 1554. Do Pass.

HB 1555. Do Pass.

HB 1556. Do Pass.

HB 1557. Do Pass.

HB 1559. Do Pass.

HB 1560. Do Pass.

HB 1562. Do Pass.

HB 1564. Do Pass.

HB 1565. Do Pass.

HB 1568. Do Pass.

HB 1569. Do Pass.

HB 1570. Do Pass.

HB 1571. Do Pass.

HB 1572. Do Pass.

HB 1575. Do Pass.

HR 730-1531. Do Pass.

HR 732-1535. Do Pass.

HR 738-1575. Do Pass.

SB

344. Do Pass.

SB

345. Do Pass.

SB

346. Do Pass as Amended.

SB

367. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

1452

JOURNAL OP THE HOUSE,

Mr. Williams of the llth District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1523. Do Pass. HB 1466. Do Pass by Substitute. HB 1406. Do Not Pass. SB 406. Do Pass. SB 455. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.

Mr. Dorminy of the 48th District, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 75-184. Do Pass by Substitute. Respectfully submitted, Edwards of the 45th, Chairman.

Mr. Buck of the 84th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1203. Do Pass. Respectfully submitted, Buck of the 84th, Chairman.

WEDNESDAY, FEBRUARY 11, 1970

1453

Mr. Busbee of the 61st District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules 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 1561. Do Pass.
Respectfully submitted,
Busbee of the 61st,
Chairman.

Mr. McClatchey of the 113th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1520. Do Pass. HB 1521. Do Pass. SB 321. Do Pass by Substitute. HB 1470. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Howell of the 60th District, 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 and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1509. Do Pass. HB 1525. Do Pass.

1454 -

JOURNAL OF THE HOUSE,

HR 703-1460. Do Pass by Substitute.

SR

191. Do Pass by Substitute.

Respectfully submitted,

Howell of the 60th,

Vice 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 Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1318. Do Pass.

HB 1336. Do Pass as Amended.

HB 1349. Do Pass.

HB 1370. Do Pass.

HB 1371. Do Pass.

HB 1456. Do Pass.

HR 653-1322. Do Pass as Amended.

HR 657-1336. Do Pass as Amended.

HR 682-1436. Do Pass.

HR 683-1436. Do Pass.

HR 684-1436. Do Pass.

HR 685-1436. Do Pass.

HR 686-1436. Do Pass.

HR 687-1436. Do Pass.

HR 688-1436. Do Pass.

HR 722-1493. Do Pass.

HB

100. Do Pass by Substitute.

HB 1106. Do Not Pass.

Respectfully submitted,

Melton of the 32nd,

Chairman.

WEDNESDAY, FEBRUARY 11, 1970

1455

The following Minority Report was received and read:

Minority Report From Ways and Means Committee on HB 1106

The undersigned members of the Ways and Means Committee of the House of Representatives hereby file this Minority Report on House Bill No. 1106 and hereby specify their reason therefore:

1. The State is presently in need of additional revenue for the following purposes:

(a) Public Education programs including kindergarten, and more specifically to reduce the local effort percentage re quirement, and additional teacher salary increases
(b) Highways including programs for cities and county street and Road construction and maintenance
(c) City and County Government grants to alleviate the ad valorem tax burden
(d) Water pollution alleviation
(e) City and County Sewage projects need financing

2. In the opinion of the undersigned this Legislation is the best way to finance the above projects as this form of taxation will be equally shared by all taxpayers and lower income individuals can be granted a tax credit to alleviate their tax burden.

Respectfully submitted, Murphy of the 19th Bostick of the 63rd Bowen of the 47th Berry of the 85th Salem of the 51st Housley of the 117th Phillips of the 50th

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Ways and Means:

SB 434. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to authorize each municipality in this State to provide by ordinance for the levying of a fee on parking of motor

1456

JOURNAL OF THE HOUSE,

vehicles in places charging for such parking; to provide for exemptions; to provide for amounts; to provide for other matters relative thereto; and for other purposes.

Mr. Black of the 45th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:

HR 694-1436. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A Resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.

The motion prevailed, and HR 694-1436 was reconsidered.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 786. By Mrs. Hamilton of the 112th; Messrs. Daugherty of the 109th, Brown of the 110th and many others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, as amended, adding a new section in relation to the Board of Aldermen; 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 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phillips of the 38th: A Bill to be entitled an Act creating a new charter for the City of West Point; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1457

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act creating a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. Laws 1900, p. 474), as amended, so as to change the cor porate limits of the City of West Point; to provide for a referendum; 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 West Point, in the County of Troup, approved December 13, 1900 (Ga. Laws 1900, p. 474), as amended, is hereby amended by striking the provisions of Section 3 and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. The corporate limits of the City of West Point shall be as follows:

All of Fractional Land Lots 57-58 and 59 lying on the west side of the Chattahoochee River in the 16th Land District of what was Carroll but is now Troup County, Georgia; the above area being bounded on the west by the Georgia-Alabama State Line.

Also: Fractional Land Lots 316-317-318, a portion of 277-275 and 286, the whole of 283-284-285 and 276, all in the 5th. Land District, Troup County, Georgia, lying on the east side of the Chattahoochee River.

Also: Fractional Land Lot 319, a portion of Fractional Land Lot 320 and 281; a portion of Land Lot 282 and 278 in the 5th. Land District, Harris County, Georgia, lying on the east side of the Chattahoochee River is more fully described as follows, to-wit: Begin at a point where the center line of the Georgia Power Com pany high tension tower line intersects the northeast bank of the Chattahoochee River in Fractional Land Lot No. 320; thence as a physical marker follow said high tension line in a northeasterly direction until the same intersects the east margin of Land Lot No. 282 for a corner; thence in a northerly direction along the Land Lot Line between Land Lot No. 282 on the West and Land Lot No. 277 on the East for 350 feet, more or less, to a concrete monument located on the North margin of Old Georgia Highway No. 103, which is also East Sixth Street; thence in a southeasterly direction along the north margin of said Street for 459.2 feet to the point of intersection of the North margin of Old Georgia Highway No. 103 and the Northwest margin of Federal Highway #185; thence in a northeasterly direction along the northwest margin of Federal Highway #185 for 1482.8 feet, more or less, to the point of intersection of the northwest margin of Federal Highway #185
and the south margin of Land Lot No. 277 in the 5th. Land District

1458

JOURNAL OF THE HOUSE,

of Troup County, Georgia (said last named point being the point of intersection of the northwest margin of Federal Highway #185 and the Troup County, Georgia-Harris County, Georgia County Line) ; thence in an easterly direction along the Troup CountyHarris County Line for 7496.8 feet, more or less, to the Southeast corner of Land Lot No. 224; thence north along the east margin of Land Lot No. 224 for 2970 feet, more or less, to the Northeast corner of Land Lot No. 224; thence West along the North margin of Land Lot No. 224 for 2970 feet to the northeast corner of Land Lot No. 224, which is also the Southeast corner of Land Lot No. 236; thence in a northerly direction along the east margin of Land
Lot No. 236 for 1485 feet, more or less, to the mid-point of Land Lot No. 236; thence West along the mid-point line of Land Lot No. 236 for 2970 feet, more or less, to the East margin of Land Lot No. 276; thence north along the east margin of Land Lot No. 276 to the northeast corner; thence west along the north margin of Land Lot No. 276 to the southeast margin of the A. & W. P. Railroad Rightof-Way for a corner; thence north parallel with the north and south Land Lot Line 1485 feet, more or less, to center of Land Lot No. 275 for a corner; thence west parallel with the east and west Land Lot Line 1485 feet, more or less, to an iron pin located on the West margin of U. S. Highway No. 29 for a corner; thence in a northeasterly direction along the west margin of U. S. Highway No. 29, for 1760 feet, more or less, to the south margin of what is known as the Garland Road for a corner; thence East along the south margin of said Road and parallel with the east and west land lot line 1935 feet, more or less, to the north and south onehalf land lot line of Land Lot 286; thence south parallel with the north and south Land Lot Line for 250 feet, more or less, to the north margin of Land Lot 285 for a corner; thence West along the North margin of Land Lots 285 and fractional Land Lot 316 to the East bank of the Chattahoochee River for a corner; thence in a southerly direction along the east bank of said River to the beginning point."

Section 2. 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 ordinaries of Troup County and Harris County to issue their calls for an election for the purpose of submitting this Act to certain voters who are as follows: (A) All those eligible voters who reside inside the corporate limits of the City of West Point, Georgia, and (B) also all those eligible voters who now live out side the corporate limits of West Point, Georgia, but who, if this Act is approved in referendum, would live in such corporate limits, for said voters' approval or rejection. The date of the election shall be set and held not less than 30 nor more than 45 days from the date of the issu ance of such calls, which calls shall be for the same date and time. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organs of Troup and Harris counties. The ballot shall have printed thereon the words:
"For approval of the Act extending the corporate limits of the City
of West Point, Georgia," and "Against approval of the Act extend
ing the corporate limits of the City of West Point, Georgia."

WEDNESDAY, FEBRUARY 11, 1970

1459

Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. Said ordinaries shall designate three polling places for said election-- one for the residents of the City of West Point, one for those persons living outside the corporate limits who are affected in Harris County, and one for those persons living outside the corporate limits who are affected in Troup County. If a majority of those voting inside the present city limits and a majority of those voting outside the city limits in the area proposed to be annexed each votes for approval, then the Act shall immediately become of full force and effect. If either of the groups separately fail to approve the Act, then it shall be void and invalid and of no force and effect. The expense of such election shall be borne as follows: The costs of holding said elections inside the corporate limits of West Point, Georgia, shall be borne by said city. The cost of holding said elections in those areas affected by the Act which are outside the corporate limits of West Point, Georgia, shall be borne by Troup County and Harris County. It shall be the duty of the ordinaries to hold,* tabulate, canvass the returns and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State.

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

Ware of 30th Mullinax of 30th Blalock of 30th Potts of 30th Phillips of 38th

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 1209. By Messrs. Brantley of the 114th, Hawes, Felton, Gates and Horton of the 95th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Alpharetta, Georgia, so as to change the terms of office of the mayor, council and city recorder; and for other purposes.

The following Committee substitute was read and adopted:

1460

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to amend an Act establishing a new charter for the City of Alpharetta, Georgia, approved March 3, 1961 (Ga. Laws 1961, p. 2127), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2068), so as to change the terms of office of the Mayor, the Council, and the City Recorder; to change the date of election for the Mayor, the Council, and the City Recorder; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing a new charter for the City of Al pharetta, Georgia, approved March 3, 1961 (Ga. Laws 1961, p. 2127), as amended, particularly by an Act4 approved February 28, 1966 (Ga. Laws 1966, p. 2068), is hereby amended by striking Sections 3, 4 and 5 of the Act creating the new charter for the City of Alpharetta in their entirety and inserting in lieu thereof new Sections 3, 4 and 5, to read as follows:

"Section 3. There is hereby established a Recorder's Court, having jurisdiction to try offenses punishable by ordinance of the Mayor and Council. In addition said Court shall sit as a Com mitting Court, having such powers and authority with respect to crimes punishable under statutes of the State as are now vested in Justices of Peace. The present City Recorder now in office shall serve for the remainder of his term to which he was elected by the people, namely, through December 31, 1970. The next City Recorder will be elected on the second Monday in Novem ber, 1970, and shall serve for the term of two (2) years and until his successor be elected and qualified. The next City Recorder shall be elected on the second Monday in November, 1972, for a period of four (4) years and until his successor be elected and qualified. Each City Recorder thereafter shall be elected on the Second Mon day in November at the expiration of their term and serve for a period of four (4) years and until their successors are elected and qualified.

Section 4. The government, supervision, powers and control of the said City of Alpharetta shall be vested in the Mayor and six Council members, to be known as City Council. The Mayor and Council members shall be elected from the city at large in the man ner as provided for in Section 5.

Section 5. A general election shall be held in said city on the second Monday in November, 1970, to elect a Mayor and six (6) Councilmen. The candidate for Mayor and the three (3) candi dates for Councilman who receive the highest number of votes in said election shall be elected for terms of office of four (4) years each and until their successors are duly elected and qualified. The three (3) candidates for Councilman who receive the next highest number of votes cast in said election shall be elected for terms of office of two (2) years each and until their successors are duly

WEDNESDAY, FEBRUARY 11, 1970

1461

elected and qualified. A general election shall be held in said city on the second Monday in November, 1972, and biennially thereafter to elect successors to the city officers whose terms of office are to expire. The term of office of Mayor shall be four (4) years and until his successor is duly elected and qualified. The terms of the office of Council members elected subsequent to the 1972 election shall be four (4) years and until their successors are duly elected and qualified. In the event a Councilman shall die, resign, be re moved or otherwise become disqualified and vacate his office, his successor shall be elected by the qualified voters of Alpharetta at a special election called by the Mayor and Council who shall set their own rules governing said election, but said election shall meet the requirements of the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933."

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 115, nays 0.

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

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, as amended, so as to change the name of said court to the Civil and Criminal Court of Worth County, and to provide that said court shall have certain jurisdiction; 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 1495. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to provide for a board of commissioners of Thomas County; to provide for the powers and duties of such board; and for other purposes.

1462

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 115, nays 0.

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

HB 1508. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Rabun County, known as the fee system; 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 1516. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Stephens County, so as to add an additional member to the board of commissioners; to provide for effective dates; to re peal 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 115, nays 0.

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

HB 1517. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to provide for two additional members of the board of education of Peach County; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1463

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 1518. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, as amended, so as to increase the members of the board of commissioners for 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 1524. By Messrs. Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tifton, as amended, so as to provide that no member of the commission may contract with or sell to the 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.

By unanimous consent, HB 1524 was ordered immediately transmitted to the Senate.

1464

JOURNAL OF THE HOUSE,

HB 1562. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodbury 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 344. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Baldwin County and providing a salary in lieu thereof, so as to change the compensation of the sheriff and to provide for automatic raises; 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 345. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu 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.

WEDNESDAY, FEBRUARY 11, 1970

1465

SB 346. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Baldwin County upon an annual salary in lieu of the fee system of com pensation; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend Senate Bill No. 346 as follows:
By striking from line 18 the figure "$11,500.00" and inserting in lieu thereof the figure $$11,000.00".

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 115, nays 0.

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

SB 367. By Senator Kidd of the 25th: A Bill to be entitled an Act to increase the membership of the Board of Education of Baldwin County by two members; 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 115, 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 agreed to the House substitute to the following Bill of the
Senate, to-wit:

1466

JOURNAL OF THE HOUSE,

SB 312. By Senator Holloway of the 12th:
A Bill to amend an Act, creating the State Board of Workmen's Com pensation, approved Feb. 8, 1943 (Ga. L. 1943, p. 167), as amended, so as to place the officials and employees of the State Board of Work men's compensation under the State Merit System; to provide for certain exemptions, etc.; and for other purposes.

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

HB 1062. By Mr. Alexander of the 108th:
A Bill to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.

HB 1149. By Messrs. Clarke of the 33rd:
A bill to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.

HB 1172. By Messrs. Fallin and Bostick of the 63rd:
A Bill to fix the terms of the Superior Court of Colquitt County; to provide an effective date; and for other purposes.

HB 1242. By Mr. Leonard of the 3rd:
A Bill to reincorporate the city of Chatsworth in the County of Mur ray; to create a new charter for said city; to prescribe the corporate limits of said city; and for other purposes.

HB 1243. By Mr. Peters of the 2nd:
A Bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 1250. By Mr. Peters of the 2nd:
A Bill to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1467

HB 1258. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to amend an Act placing the Coroner of Macon County on an annual salary, in lieu of the fee basis of compensation; and for other purposes.

HB 1260. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill placing the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1262. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon County to fix the salary of the judge and the solicitor of said Court within a certain salary range; and for other purposes.
HB 1264. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
HB 1272. By Mr. Shanahan of the 8th: A Bill to amend an Act placing the clerk of the superior court and ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other purposes.

1468

JOURNAL OF THE HOUSE,

HB 1273. By Mr. Shanahan of the 8th:
A Bill to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriffs; to authorize the sheriff to appoint four deputies; and for other purposes.

HB 1291. By Mr. Jones of the 59th:
A Bill to amend an Act placing the clerk of the superior court, sheriff, tax commissioner of Mclntosh County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1294. By Mr. Shanahan of the 8th:
A Bill to amend 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.

HB 1310. By Mr. Douglas of the 42nd:
A Bill to amend an Act creating the State Court of Laurens County, so as to change the compensation of the judge and compensation of the judge and solicitor of said court; and for other purposes.

HB 1311. By Messrs. Rush and Salem of the 51st:
A Bill to change the terms of the Superior Court of Long County; and for other purposes.

HB 1330. By Mr. Moore of the 6th:
A Bill to amend an Act creating a board of commissioners of Stephens County, so as to delete therefrom the requirement that one of the members of the board be selected as clerk; and for other purposes.

HB 1334. By Mr. Moore of the 6th:
A Bill to provide for the election of members of the Stephens County Board of Education; and for other purposes.

HB 1344. By Messrs. Bennett, Barfield, and Reaves of the 71st:
A Bill to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceilings on the compensation of the chief deputy, depu ties, chief jailer and other jailers; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1469

HB 1347. By Messrs. Murphy and Dean of the 19th:
A Bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the salary of each of the deputy sheriffs of Haralson County; and for other purposes.

HB 1362. By Messrs. Barfield, Bennett, and Reaves of the 71st:
A Bill to fix the terms of the Superior Court of Lowndes County; and for other purposes.

HB 1381. By Mr. Moore of the 6th:
A Bill to amend an Act of the General Assembly of Georgia, incorporat ing the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City of Toccoa to be included in the City limits of said City; and for other purposes.

HB 1270. By Mr. Gunter of the 6th:
A Bill to amend Code Chapter 38-7, relating to private writings as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; and for other purposes.

HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation of the members of said Board; and for other purposes.

HB 1386. By Messrs. Lee, Odom and Hutchinson of the 61st:
A Bill to abolish the present mode of compensating the Clerk of Su perior Court of Baker County, known as the fee system; and for other purposes.

HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st:
A Bill to amend an Act creating the Board of commissioners of Baker County, so as to change the compensation of the members of the Board; and for other purposes.

SB 358. By Senator Webb of the llth:
A Bill to amend an Act establishing a retirement system for teachers in the State public schools, etc., so as to provide that Teachers' Retire-

1470

JOURNAL OF THE HOUSE,

ment System shall be entitled to receive credit for previous teaching service rendered in certain other State or independent school systems, etc.; and for other purposes.

SB 359. By Senator Webb of the llth:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to redefine the term "teacher" as used in said Act; to repeal con flicting laws; and for other purposes.

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

HR 586-1189. By Mr. Davis of the 75th:
A Resolution compensating Mr. Hubert R. Wood; and for other pur poses.

HR 604-1236. By Mr. Westlake of the 75th:
A Resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.

HR 619-1246. By Mr. Bohannon of the 20th: A Resolution compensating James Hoyt Hosey; and for other purposes.

HR 615-1246. By Mr. Westlake of the 75th:
A Resolution compensating Mr. E. H. Hartman, Sr.; and for other purposes.

HR 632-1264. By Mr. Ballard of the 23rd: A Resolution compensating Mr. John H. Moore; and for other purposes.

HR 642-1290. By Messrs. Keyton and Russell of the 70th: A Resolution compensating Mr. D, R. Corley; and for other purposes.

HR 644-1310. By Mr. Moate of the 28th: A Resolution compensating Mrs. Sam Gray; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

1471

HR 651-1314. By Messrs. Wood, Williams and Cooper of the llth:
A Resolution proposing an amendment to the Constitution, so as to em power the Board of Commissioners of Hall County, for regulatory and revenue purposes to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation; and for other purposes.

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

HB 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th:
A Bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A Bill to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill creating the Department of Revenue and the office of State Reve nue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other pur poses.

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

HB 1246. By Mr. Moate of the 28th:
A Bill creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900, to prescribe the pleading and practice in said court; and for other pur poses.

HB 1331. By Mr. Moore of the 6th:
A Bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.

1472

JOURNAL OF THE HOUSE,

HB 1332. By Mr. Moore of the 6th:
A Bill to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commissions and other compensation be paid to the Board of Commissioners of Stephens Coun ty; and for other purposes.

HB 1333. By Mr. Moore of the 6th:
A Bill to abolish the present mode of compensating the ordinary of Stephens County known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.

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

SB 399. By Senator Rowan of the 8th: A Bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collections of all tax fi. fas. issued to make levy of such fi. fas. adver tisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
SB 418. By Senator Kidd of the 25th: A Bill to amend Code Title 79-A relating to pharmacists, pharmacy, and drugs as amended, so as to delete all references to marijuana from Chap ter 79A-8 and to provide for the definition of marijuana; and for other purposes.
SB 443. By Senator Kidd of the 25th: A Bill to amend an Act known as the "Georgia Military Forces Reor ganization Act of 1955", as amended, so as to change the qualifications of the Adjutant General; to provide an effective date; to repeal con flicting laws; and for other purposes.
SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th, and others: A Bill to create the South Fulton Coliseum Authority, etc.; to repeal conflicting laws; and for other purposes.
SB 450. By Senator London of the 50th: A Bill to amend an Act abolishing the office of county treasurer of Fannin County, Ga., etc., so as to provide for the payment of com-

WEDNESDAY, FEBEUARY 11, 1970

1473

pensation to the County Depository of Fannin County for the perform ance of the duties imposed upon it by the provisions of said Act; to repeal conflicting laws; and for other purposes.

SB 459. By Senators Smith of the 18th and Gillis of the 20th:
A Bill to amend Code Section 47-107, relating to the salary, expenses, and mileage of members of the General Assembly, as amended, so as to clarify the provisions relating to expense allowance of members of the General Assembly; to repeal conflicting laws; and for other purposes.

SB 464. By Senator London of the 50th:
A Bill to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; and for other purposes.

SB 471. By Senator Dean of the 6th:
A Bill to amend Code Chap. 88-23, relating to hospital care for the in digent, so as to redefine the term "indigent persons" in such a manner as to require that the governing authority of an allegedly indigent per son's county of residence shall certify such person as indigent; and for other purposes.

SB 472. By Senators Fincher of the 54th, Doss of the 52nd, and Coggin of the 35th:
A Bill to amend the Act known as the "Housing Authorities Law", ap proved March 30, 1937, as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.

SB 473. By Senators Fincher of the 54th, Doss of the 52nd, and Coggin of the 35th:
A Bill to amend the Act known as the "Urban Redevelopment Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.

SB 396. By Senator Abney of the 53rd:
A Bill to amend an Act placing the Ordinary of Dade County on a sal ary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; and for other purposes.

SB 415. By Senator Kidd of the 25th:
A Bill to amend Code Section 79A-301, relating to the appointment, duties and authority of the Chief Drug Inspector, so as to provide that

1474

JOURNAL OF THE HOUSE,

the office of the Chief Drug Inspector shall be known also as the "State Drug Department"; to repeal conflicting laws; and for other purposes.

SB 449. Senator McGill of the 24th:
A Bill to amend an Act creating a Small Claims Court for Wilkes Coun ty, so as to enlarge the jurisdiction of said Court; and for other pur poses.

SB 457. By Senator Zipperer of the 3rd:
A Bill to amend an Act creating and incorporating the City of Rich mond Hill, so as to enumerate the corporate powers of said City; to repeal conflicting laws; and for other purposes.

SB 458. By Senator Zipperer of the 3rd:
A Bill to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of Ordinary in certain counties; and for other purposes.

SB 462. By Senator London of the 50th: A Bill to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970 to determine and set the salary of the clerk of such governing authority as the said governing authority shall deem proper; and for other purposes.
The Senate has adopted, by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:
SR 259. By Senator Dean of the 6th: A Resolution authorizing the conveyance of certain real property located in Jesup, Wayne County, Ga.; and for other purposes.
The Senate has passed, by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 414. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 88-24, relating to the rights of certain State Employees, so as to provide benefits for certain State employees

WEDNESDAY, FEBRUARY 11, 1970

1475

contracting infectious hepatitis in specified instances; and for other purposes.

SB 470. Senator Holley of the 22nd:
A Bill to amend Code Title 22, relating to corporations, as amended, so as to amend Part 1 thereof by deleting the requirement that a notice from the State Revenue Commisisoner that the corporation has met the requirements concerning reports and taxes; 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 259. By Senator Dean of the 6th:
A Resolution authorizing the conveyance of certain real property lo cated in Jesup, Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 358. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that any teacher coming into the Teachers' Retirement System shall be en titled to receive credit for previous teaching service rendered in certain other State or independent school systems; and for other purposes.
Referred to the Committee on Retirement.

SB 359. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to redefine the term "teacher" as used in this Act; and for other purposes.
Referred to the Committee on Retirement.

SB 396. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; and for other pur poses.
Referred to the Committee on Local Affairs.

SB 399. By Senator Rowan of the 8th:
A Bill to be entitled an Act to vest in the tax commisisoners of certain counties all the powers and duties of sheriffs in their respective coun-

1476

JOURNAL OF THE HOUSE,

ties relative only to the collection of all tax fi. fas. issued to make levy of such fi. fas, advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
Referred to the Committee on Local Affairs.

SB 414. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to provide benefits for cer tain State employees contracting infectious hepatitis in specified in stances; and for other purposes.
Referred to the Committee on Retirement.

SB 415. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 79A-301, relating to the appointment, duties and authority of the Chief Drug Inspector, so as to provide that the office of the Chief Drug Inspector shall be known also as the "State Drug Department"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 418. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 79A relating to phar macists, pharmacy, and drugs, so as to delete all references to mari juana from Chapter 79A-8 and to provide for the definition of mari juana; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 443. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the quali fications of the Adjutant General; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others.
A Bill to be entitled an Act to create the South Fulton Coliseum Au thority; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 11, 1970

1477

SB 449. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court for Wilkes County, so as to enlarge the jurisdiction of said Court; and for other purposes.
Referred to the Committee on Local Affairs.

SB 450. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the office of county tresurer of Fannin County, so as to provide for the payment of compensation to the County Depository of Fannin County for the per formance of the duties imposed upon it by the provisions of said Act; and for other purposes.
Referred to the Committee on Local Affairs.

SB 457. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Richmond Hill, so as to enumerate the corporate powers of said City; and for other purposes.
Referred to the Committee on Local Affairs.

SB 458. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act relating to the establish ing of a City Court of Pembroke in and for the County of Bryan to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

SB 459. By Senators Smith of the 18th and Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary, expenses, and mileage of members of the General Assembly, so as to clarify the provisions relating to expense allowance of members of the General Assembly; and for other purposes.
Referred to the Committee on Rules.

SB 462. By Senator London of the 50th:
A Bill to be entitled an Act to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970 to determine and set the salary of the clerk of such govern-

1478

JOURNAL OF THE HOUSE,

ing authority as the said governing authority shall deem proper; and for other purposes.
Referred to the Committee on Local Affairs.

SB 464. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; and for other purposes.
Referred to the Committee on Local Affairs.

SB 470. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Title 22, relating to corpora tions, so as to amend Part I thereof by deleting the requirement that a corporation shall accompany a notice from the State Revenue Commis sioner that the corporation has met the requirements concerning re ports and taxes; and for other purposes.
Referred to the Committee on Ways and Means.

SB 471. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term "indigent per sons" in such a manner as to require that the governing authority of an allegedly indigent person's county of residence shall certify such person as indigent; and for other purposes.
Referred to the Committee on Welfare.

SB 472. By Senators Fincher of the 54th, Doss of the 52nd and Coggin of the 35th:
A Bill to be entitled an Act to amend the Act known as the "Housing! Authorities Law", so as to fix the maximum rate of interest on bonds issued by a housing authority at 8% per annum; and for other pur poses.
Referred to the Committee on Industry.
SB 473. By Senators Fincher of the 54th, Doss of the 52nd, and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as the "Urban Re development Law", so as to fix the maximum rate of interest on bonds issued by a housing authority at 8% per annum; and for other pur poses.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 11, 1970

1479

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, February 11, 1970, and submits the following:

HR 38-68. State Board of Education, add five members (Tabled)

HB

177. Superintendent of Schools, compensation

HB

214. State Auditor, salary and expenses

HB

348. Driver's Licenses, revocation, suspension

HB

867. Courts, organization, jurisdiction

HB

1030. Juvenile Court Laws, Revise

HB

1032. Athletic Admission Tickets, selling price

HB

1033. State Arborist Board (Reconsidered)

HB

1077. Superior Court Judge, Widow Benefits

HB

1085. Driver's License, supervisor, rank, salary

HB

1087. Judges, Court of Appeals, Members Emeritus

HB

1088. Judges, Court of Appeals, Retirement System

HB

1091. Dealers in junk, metal, copper, etc.

HB

1096. Government surplus vehicles, titles

HR 555-1121. Local control of Public Education

HB

1145. Urban Development accept factory built housing

HB

1155. Legislators and officials, Code of Ethics

HB

1182. Peace Officers' Annuity and Benefit Fund

HB

1196. Revenue Bonds, Limit Interest Rate

HB

1197. Hospital Authority Certificates, Limit Interest Rate

HB

1198. Loans, $100.00 or More, Interest Rates

HB

1244. Fluoridation, potable public water supplies

HR 624-1257. Teachers and Employees Retirement System

HB

1304. Elections, primaries, conduct (Postponed)

HB

1321. Sales tax, credit hospital

HB

1322. Sales tax, water

HB

1324. State Properties Control, Lease Land

HB

1325. State Properties Control, Additional Powers

HR 658-1345. Local Boards of Education, tax

HB

1348. Minimum Foundation Program, Property Tax Digest

1480

JOURNAL OF THE HOUSE,

HB

1356. Drugs, use of

HB

1363. G.B.I. State Legislative intent

HE 633-1368. Regional Metro Council

HB

1384. Pipeline system, intra-state

HB

1388. Ordinaries, Photostatic Equipment

HB

1481. Common trusts, Define

SB

86. Eminent domain, draw 75% of awards

SR

218. Highway Laws Study Committee

SB

333. Southwestern State Hospital, change name

SB

380. Area Planning, Housing Development

SB

381. Urban Redevelopment, acquire, plan, dispose

SB

383. Building Administrative Board

SB

384. Urban Redevelopment, private sale

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

HB 1331. By Mr. Moore of the 6th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County on an annual salary, so as to change the compensa tion of the sheriff, his deputies and clerk; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs offers to amend! HB 1331 as follows:
By striking the figures "$3,500.00" where they appear in Section 2, quoted Section 3, page 2, line 2 and substituting in lieu thereof the figures $3,750.00".

WEDNESDAY, FEBRUARY 11, 1970

1481

By striking the word "nighttime" where it appears in Section 2, quoted Section 3, page 2, line 4 and line 6.

Mr. Moore of the 6th 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 1331 was agreed to.

HB 1332. By Mr. Moore of the 6th:
A Bill to be entitled an Act to fix the compensation of the clerk of the superior court of Stephens County; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs offers to amend HB 1332 as follows:
By striking the figures "7,000.00" where they appear in Section 3 page 2, line 4 and substituting in lieu thereof the figures "7,500.00".

Mr. Moore of the 6th 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 1332 was agreed to.
HB 1333. By Mr. Moore of the 6th: A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Stephens County, known as the fee system; and for other purposes.
The following Senate amendment was read:
The Senate Committee for County and Urban Affairs offers to amend HB 1333 as follows:

1482

JOURNAL OF THE HOUSE,

By striking the figures "$3,500" where they appear in Section 4 page 2, line 13 and substituting in lieu thereof the figures "$3,750".

Mr. Moore of the 6th 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 1333 was agreed to.

HB 1246. By Mr. Moate of the 28th: A Bill to be entitled an Act creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers to amend HB 1246 as follows:
By striking the figures "7,400" where they appear in the Caption on page 1, line 3 and where they appear in Section 1 on page 1, line 30 and substituting in lieu thereof in both instances the figures "7,500".
Mr. Moate of the 28th 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 1246 was agreed to.
HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th: A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface which they are traveling; and for other purposes.
The following Senate amendment was read:

WEDNESDAY, FEBRUARY 11, 1970

1483

The Senate Judiciary Committee moves to amend House Bill 50 as follows:

By inserting in proposed Section 1 after the phrase "public or pri vate driveways" and before the phrase "or parking lots" the following phrase:

"airport runways",

By inserting in Section 1 the phrase "unless the same shall be necessary", and substituting in lieu thereof the following:

"except",

By striking in Section 1 the word "accidental".

Mr. Gunter of the 6th 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 Barber Battle Bell Berry Black Blalock Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Chandler Conger Connell Conner Dailey Daugherty Davis, E. T. Davis, W. Dean, N.

Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Fallin Farrar Floyd, J. H. Gary Gaynor Geisinger Gignilliat Graves Griffin Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, B. L. Hill, G.

Holder Horton Housley Hudson Johnson Joiner 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 Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey

1484
McDaniell Melton Merritt Milford Moate Moore Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Parker, H. W. Peters Peterson

JOURNAL OF THE HOUSE,

Phillips, L. L. Poole Potts Roach Boss Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Sorrells

Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Wilson Wood

Those voting in the negative were Messrs.:

Cole

Phillips, W. R.

Those not voting were Messrs.:

Ballard Barfield Bennett Bohannon Brantley, H. H. Bray Brooks Buck Gates
Clarke Collier Collins, M. Collins, S. Colwell Cook Cooper Crowe Dean, J. E. DeLong

Ezzard Farmer Felton Floyd, L. R. Funk Grahl
Hadaway Hale Hamilton Harris, R. W. Hawes Hood Howell Hutchinson Lambert Lane, W. J. Mason McCracken Miles

Miller Nash Nunn Parker, C. A. Patterson Phillips, G. S. Pickard Pinkston Rainey Reaves Rowland Russell Smith, V. T. Snow Thompson, R. Wheeler, Bobby Williams Mr. Speaker

On the motion, the ayes were 137, nays 2.

The motion prevailed and the Senate amendment to HB 50 was agreed to.

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:

WEDNESDAY, FEBRUARY 11, 1970

1485

HB 1481. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment, maintenance and administration of common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Special Judiciary moves to amend House Bill 1481 as follows:
By adding a new Section 3, and renumbering the present Section 3 as Section 4. Section 3 shall read as follows:
"It is intended by the enactment of this provision to clarify existing law relating to the subject matter, and the passage of this Act shall not imply that existing law is otherwise than herein provided for."

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 Black Blalock Bohannon Bond
Bostick Brantley, H. H. Brooks
Brown, B. D. Brown, C. Burruss Busbee Caldwell

Games Gates Chandler Cole Collins, M. Collins, S. Conger Connell Conner Cook Dailey Daugherty
Davis, E. T. Davis, W. Dean, N.
Dent Dickinson Dixon Dodson Douglas

Egan Evans Pallin Farrar Felton Floyd, J. H. Floyd, A. J. Funk Gaynor Geisinger Gignilliat Graves
Griffin Gunter Hamilton
Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.

1486

JOURNAL OF THE HOUSE,

Harrison Hawes Henderson Higginbotham
Hill, B. L. Hill, G.
Horton Housley Howell Hudson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Matthews, C.

Mauldin McClatchey McDaniell
Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessniith Northcutt Nunn Odom Pafford Paris Parker Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole

Potts Reaves Ross Rush Scarlett Shanahan
Shepherd Simmons
Sims Smith, V. T. Sorrells
Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson

Those not voting were Messrs.:

Barfield
Bennett Berry Bo wen Brantley, H. L. Bray Buck Clarke Collier Colwell Cooper Crowe Dean, J. E. DeLong Dorminy Edwards Ellis
Ezzard

Farmer Gary Grahl Hadaway Hale Holder Hood Hutchinson
Jordan, G. Keen Keyton Lambert Lane, W. J. Levitas Mason Matthews, D. R. Maxwell McCracken

Nash Parker, C. A. Phillips, G. S. Rainey Roach Rowland Russell Salem Scarborough Sherman Simkins Smith, J. R. Snow Vaughn
Wamble Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 0.

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

WEDNESDAY, FEBRUARY 11, 1970

1487

By unanimous consent, HB 1481, as amended, was ordered immediately transmitted to the Senate.

HB 1384. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend an Act regulating intrastate pipeline systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions; 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 Andersen 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 Chandler Clarke Cole Collins, M. Collins, S. Colwell

Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Douglas Edwards Egan Evans Fallin
Farrar Floyd, J. H.
Floyd, L. R. Funk
Gaynor Geisinger Gignilliat Graves Griffin Gunter
Hamilton Hargrett

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino

1488
Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Milford Moate Moore Morris Mullinax Nessmith Northcutt Odom Pafford

JOURNAL OP THE HOUSE,

Paris Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Simkins Simmons

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

Those not voting were Messrs.:

Barfield Bennett Brantley, H. H. Caldwell Collier Cook Dean, J. E. DeLong Dorminy Ellis Ezzard Farmer Felton Gary Grahl

Hadaway Hale Hawes Hill, G. Hood Jordan, H. S. Keyton Lambert Lane, Dick Mason McCracken Miles Miller Murphy Nash

Nunn Parker, C. A. Patterson Peterson Phillips, G. S. Rainey Reaves Rowland Russell Scarlett Thomason Vaughn Wamble Ware Mr. Speaker

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

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

HR 624-1257. By Messrs. Farrar of the 77th, Barber of the 15th and Mauldin of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the bene fits of persons who have retired or who retire in the future under the!

WEDNESDAY, FEBRUARY 11, 1970

1489

provisions of law relative to the Teachers' Retirement System of Geor gia or the Employees' Retirement System of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 7, Section 1, Paragraph 2 of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by law from time to time, for the increase of the benefits of per sons who have retired or who retire in the future under the pro visions of law relative to the Teachers' Retirement System of Geor gia or the Employees' Retirement System of Georgia. The au thority herein granted shall not be exercised in such a manner as to adversely affect the actuarial soundness of either of said sys tems. The General Assembly is hereby authorized to apropriate funds for the purpose of increasing such benefits."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the samej 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 ( NO (

) Shall the Constitution be amended so as to au thorize the General Assembly to provide by law for the increase of the benefits of persons who
) have retired or who retire in the future under the provisions of law relative to the Teachers' Retire ment System of Georgia or the Employees' Retire ment System of Georgia?"

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.

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

1490

JOURNAL OF THE HOUSE,

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 Bostick Bowen Brantley, H. L. Brooks Brown, C. Buck Burruss
Busbee Caldwell Carnes Gates Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Conner
Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Douglas Edwards Ellis Evans Farmer Farrar Floyd, J. H. Floyd, L. E.

Gaynor Geisinger Gignilliat Graves Griffin Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder 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 Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt

Miles Milford Moate Moore Morris Mullinax Murphy Nessmith Northcutt Odom Pafford Paris Parker, H. W. Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles
Wilson

WEDNESDAY, FEBRUARY 11, 1970

1491

Those not voting were Messrs.:

Barfield Bennett Bohannon Bond Brantley, H. H. Bray Brown, B. D. Collier Cook Cooper Dean, J. E. DeLong Dorminy Egan Ezzard Fallin

Felton Funk Gary Grahl Hadaway Hale Hamilton Harris, R. W. Hawes Hood Lambert Lewis Mason McCracken Miller Nash

Nunn Parker, C. A. Patterson Phillips, G. S. Pickard Rainey Rowland Russell Scarlett Thompson, R. Townsend Vaughn Williams Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 0.

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

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A Bill to be entitled an Act to provide for the compensation and ex penses of the State Auditor; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the compensation and ex penses of the State Auditor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The State Auditor shall be compensated in the amount of $26,000.00 per annum, with an additional amount of $800.00 per annum for each four years of State service with a branch or depart ment of State government financed by appropriations payable through the State Treasury, figured at the beginning of each such period of State service. He shall also be reimbursed for expenses incurred in the performance of his duties. The compensation and expenses provided for above shall be in lieu of all other compensation, salary, fees, allow-

1492

JOURNAL OF THE HOUSE,

ances and any other remuneration heretofore received by the State Auditor.

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Atherton Barber Battle Black Blalock Bond Bray Brooks Brown, B. D. Buck Busbee Caldwell Carnes Gates Chandler Clarke Colwell Conger Connell Conner Cook Dailey Daugherty Davis, E. T. Dean, N. Dent Dodson
Douglas Edwards Egan Fallin Farmer Felton

Funk Gary Gaynor Geisinger Gignilliat Griffin Hadaway Hamilton Harrington Harris, J. R. Hawes Henderson Hill, B. L. Horton Housley Howell Hudson Hutchinson Johnson
Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Knapp Lane, Dick Lee, W. J. (Bill) Lee, W. S. Longino Lowrey Marcus Mason Matthews, C. Maxwell

McClatchey Moate Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Patterson Peters Peterson Phillips, G. S. Poole Potts Rainey Reaves Roach Ross Scarlett Shanahan Shepherd Sherman Simkins Sims
Smith, V. T. Thompson, A. W. Thompson, R. Townsend Vaughn Ware Wheeler, J. A. Wilson

WEDNESDAY, FEBRUARY 11, 1970

1493

Those voting in the negative were Messrs.:

Ballard Bell Cole Collins, S. Crowe Davis, W. Dickinson Floyd, J. H.

Floyd, L. R. Graves Keen Leonard McDaniell Moore Morris Pafford

Phillips, L. L. Rush
Scarborough Sorrells Toles Whaley Wheeler, Bobby Williams

Those not voting were Messrs.:

Adams Anderson Barfield Bennett Berry Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Burruss Collier
Collins, M. Cooper Dean, J. E. DeLong Dixon Dorminy Ellis Evans Ezzard Farrar

Grahl Gunter Hale Hargrett Harris, J. F. Harris, R. W. Harrison
Higginbotham Hill, G.
Holder Hood Jordan, G. Keyton Knowles Kreeger Lambert Lane, W. J. Levitas Lewis Matthews, D. R. Mauldin McCracken Melton

Merritt Miles Milford Miller Parker, C. A. Parker, H. W. Phillips, W. R. Pickard Pinkston Rowland Russell Salem Simmons Smith, J. R. Snow Sweat Thomason Wamble Westlake Wilkerson Winkles Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 102, nays 24.

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

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st, Moore of the 6th, Patterson of the 20th, Cooper of the llth and Bennett of the 71st:
A Bill to be entitled an Act to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent; to provide for the supervision of said Bureau; to provide an effective date; and for other purposes.

1494

JOURNAL OF THE HOUSE,

An amendment, offered by Mr. Leonard of the 3rd, 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 Anderson Barber Battle Bell Bennett Brantley, H. L. Brooks Brown, B. D. Brown, C. Busbee Chandler Clarke Cole Collins, S. Conger Connell Cook Cooper Crowe Davis, W.
Dean, N.
DeLong
Dent
Dixon
Dodson
Douglas
Egan
Ellis
Ezzard
Fallin
Farmer
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary

Geisinger Gignilliat Graves Griffin Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hutchinson Johnson
Joiner
Jones, Herb
Jordan, G.
Jordan, H. S.
Knapp
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Longino
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McDaniell
Melton

Milford Moate Moore Morris Nessmith Nunn Odom Paris Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Roach Scarborough Shanahan Shepherd Simkins
Simmons
Sims
Smith, J. R.
Snow
Sorrells
Sweat
Thomason
Townsend
Vaughn
Westlake
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

WEDNESDAY, FEBRUARY 11, 1970

1495

Those voting in the negative were Messrs.:

Alexander Berry Black Blalock Bostick Bo wen Buck Burruss Carnes Gates Collins, M. Conner Dailey Dickinson Dorminy Edwards

Hill, B. L. Howell Hudson Jones, M. Keen Keyton Knowles
Kreeger Lane, W. J. Leonard Lewis Matthews, D. R. McClatchey Miles Mullinax Murphy

Northcutt Potts Rainey Reaves Rush Salem Scarlett Sherman Thompson, A. W. Thompson, R. Toles Whaley Wheeler, Bobby Wilkerson

Those not voting were Messrs.:

Atherton Ballard
Barfield Bohannon Bond Brantley, H. H. Bray Caldwell Collier Colwell Daugherty Davis, E. T. Dean, J. E.

Evans Gaynor Grahl Hadaway Hale
Hamilton Jones, C. M. Lambert Lane, Dick McCracken Merritt Miller Nash

Pafford Parker, C. A. Parker, H. W. Poole Ross Rowland Russell Smith, V. T. Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 112, nays 46. The Bill, having received the requisite constitutional majority, was passed.

Mr. Davis of the 86th stated that he had been called from the floor of the House when the roll was called on HB 1363, but had he been present would have voted "aye".

By unanimous consent, HB 1363 was ordered immediately transmitted to the Senate.

The Speaker announced the House recessed until 2:00 P.M.

1496

JOURNAL OP THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and submits the following supplement to the calendar already adopted by adding the following:

HB 1359. Judicial Circuits, Assistant District Attorney.
Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.
/s/ Busbee of the 61st, Chairman.

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 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 193. By Senator Coggin of the 35th:
A Bill to amend an Act which made comprehensive provision for an in tegrated tax administration for Georgia, as amended, 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; to repeal conflicting laws; and for other purposes.

The President has appointed on the part of the Senate the following Sena tors : Coggins of the 35th, Smith of the 18th, and Riley of the 1st.

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

SB 348. By Johnson of the 38th:
A Bill to amend Code Section 26-1705, relating to the illegal use of credit cards, as amended etc.; so as to clarify the definitions of the

WEDNESDAY, FEBRUARY 11, 1970

1497

terms "credit card" and "issuer"; to provide an effective date; to re peal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Special Judiciary:

SB 348. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 26-1705, relating to the illegal use of credit cards, as amended by an Act approved Mar. 26, 1969 (Ga. Laws 1969, p. 128), so as to clarify the definitions of the terms "credit card" and "issuer"; to provide an effective date; and for other purposes.

The following Bill of the Senate was taken up for the purpose of consider ing the Senate's insistence on its position in disagreeing to the House amend ment 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 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.

The following House amendment to the Senate Bill was read:

Mr. Miles of the 78th moves to amend SB 193 as follows: By inserting in the title before "to repeal conflicting laws" the fol
lowing
"; to provide an effective date", and by renumbering Section 2 as Section 3, and by inserting a new Section 2, to read as follows:
"Section 2. This act shall become effective July 1, 1971."

Mr. Murphy of the 19th moved that the House recede from its position in amending the same.

1498

JOURNAL OF THE HOUSE,

On the motion, the ayes were 101, nays 0.

The motion prevailed and the House receded from its position in amending SB 191.

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

HB 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide for punishment and sentencing in criminal cases; to revise procedures with respect thereto in both jury and non-jury cases; more particularly, to provide for pre-sentence hearings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Title 27 of the Georgia Code relating to criminal pro cedures, as amended, is hereby amended by creating a new Code Sec tion to be designated 27-2503 to read as follows:
"27-2503. Pre-sentence hearings, (a) In any criminal action in which the defendant has entered a plea of guilty or a plea of nolo contendre or has waived a jury trial, and the judge has ac cepted such plea, or, consenting to such waiver, has tried and found the defendant guilty, the defendant shall stand convicted, or stand as if convicted, of the crime involved, and the judge shall sentence the defendant for such crime subject to the following procedures and limitations.
In such case, the judge shall order a pre-sentence hearing which shall be held in open court. In such hearing, the judge, subject to the laws of evidence relating to competency of witnesses and admissibility of evidence, shall hear and receive additional evidence in extenuation and mitigation, as well as in aggravation of punish ment, including the record of any prior criminal convictions, pleas of guilty of the defendant, properly certified or authenticated, or

WEDNESDAY, FEBRUARY 11, 1970

1499

the absence of any such prior criminal record; provided, however, that only such evidence in aggravation as the State has furnished to the defendant prior to his pleading shall be admissible. The judge also shall hear argument by the defendant or his counsel and the district attorney regarding the punishment to be imposed.

Upon conclusion of the evidence and argument, the judge shall impose such punishment as he deems appropriate, within the limits prescribed by law.

(b) When a jury is trying a felony case they shall, under proper instruction from the court, retire to consider a verdict of guilty or not guilty without any consideration of punishment. Where the jury returns a verdict of guilty, the court shall resume the trial and conduct a pre-sentence hearing at which the only issue shall be the determination of punishment to be imposed. In such hearing, subject to the laws of evidence relating to the competency of wit nesses and the admissibility of evidence, the jury shall hear addi tional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions, pleas of guilty of the defendant, properly certified or authenticated, or the absence of any such prior criminal record; provided, however, that only such evidence in aggravation as the State has furnished to the defendant prior to his pleading shall be admissible. The jury also shall hear argument by the defendant or his counsel and the district attorney regarding the punishment to be imposed. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions and the jury shall retire to determine the punishment to be imposed. The jury shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury. If the jury cannot, within a reasonable time, agree on the punishment, 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.

(c) If the trial court is reversed on appeal because of error only in the pre-sentence hearing, the new trial which may be ordered shall apply only to the issue of punishment.

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

Mr. Gignilliat of the 89th moved that the House disagree to the Senate sub stitute.
The motion prevailed, and the Senate substitute to HB 228 was disagreed to.

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

1500

JOURNAL OF THE HOUSE,

HB 1321. By Messrs. Snow of the 1st, Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act entitled the "Ga. Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to change the provisions relating to credits and exemptions of hospitals and hospital authorities; 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.

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st and Wamble of the 69th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; 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.
The Bill, having received the requisite constitutional majority, was passed.
HB 1087. By Mr. Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; 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 4.

WEDNESDAY, FEBRUARY 11, 1970

1501

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

By unanimous consent, HB 1087 was ordered immediately transmitted to the Senate.

HB 1088. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus and Association Justice Emeritus, so as to add Judges of the Court of Appeals to the provisions relative to the Justices of the Supreme Court becoming members of the Employees' Retirement System; 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 7.

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

By unanimous consent, HB 1088 was ordered immediately transmitted to the Senate.

HB 1077. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limitation any Superior Court Judge who had elected to have his widow receive certain benefits to which he would have been entitled may rescind said action and be reimbursed for any contributions; 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

Bell Bennett Berry Black Blalock Bohannon

Bond Bostick Bowen Brantley, H. H. Bray Brooks

1502
Brown, B. D. Brown, C. Buck Busbee Games Gates Chandler Clarke Cole Collier Coiling, S. Colwell Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dorminy Douglas Edwards Egan Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Hargrett Harrington

JOURNAL OF THE HOUSE,

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 Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Miles Morris Mullinax Murphy

Nash Nunn Odom Pafford Paris Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Roach Ross Rush Russell Salem Scarborough Shanahan Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Wilson

Those voting in the negative were Messrs.:

Floyd, J. H.

Milford

Williams

Those not voting were Messrs.:

Ballard Barfield Brantley, H. L. Burruss

Caldwell Collins, M. Conger Dean, J. E.

Dickinson Dodson Ellis Evans

Ezzard Fallin Funk Griffin Gunter Hale Hood Jones, C. M. Jordan, G. Knapp Lambert Lane, W. J.

WEDNESDAY, FEBRUARY 11, 1970

1503

Mason Matthews, D. R. McCraeken
Merritt Miller Moate Moore Nessmith Northcutt Parker, C. A. Patterson Peters

Pickard Pinkston Reaves Rowland Scarlett Shepherd Sorrells Thompson, A. W. Whaley Wood Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 3.

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

Mr. Pafford of the 64th stated that he inadvertently voted "aye" but intended to vote "nay" on the passage of HB 1077.

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and many others:
A bill to be entitled an Act to amend an Act known as the "Urban Re development Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; and for other purposes.

The following amendment was read and adopted:
Mr. Graves of the 9th moves to amend SB 384 by striking from Line 13, Page 1 the words "advertisement and" and by striking from line 18 on page 2 the words "advertisement and".

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

Those voting in the affirmative were Messrs.:

Alexander Atherton Ballard Barber Berry Blalock

Bond Bostick Bowen Brooks Brown, B. D. Brown, C.

Buck Busbee Gates Chandler Clarke Cole

1504
Collier Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Edwards Egan Ezzard Fallin Farmer Farrar Felton Grahl Graves Griffin Hamilton Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L.

JOURNAL OF THE HOUSE,

Hill, G. Holder Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, M. Keyton Knapp Kreeger Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Melton Milford Murphy Nash Nunn Odom Pafford

Paris Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R, Poole Potts Rainey Rush Russell Salem Shanahan Sherman Simkins Simmons Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Townsend Vaughn Wamble Ware Wheeler, Bobby Williams Wilson

Those voting in the negative were Messrs.:

Adams Anderson Bennett Black Bohannon Collins, S. Davis, W. Douglas Floyd, L. R.

Gary Geisinger Gignilliat Harris, J. F. Hudson Jordan, G. Keen Rnowles Lane, Dick

Lee, W. J. (Bill) Leonard Longino Northcutt Patterson Peters Wilkerson Winkles

Those not voting were Messrs.:

Barfield Battle Bell Brantley, H. H. Brantley, H. L. Bray Burruss Caldwell Carnes

Collins, M. Cook DeLong Dickinson Dixon Dodson Dorminy Ellis Evans

Floyd, J. H. Funk Gaynor Gunter Hadaway Hale Hargrett Harrington Henderson

WEDNESDAY, FEBRUARY 11, 1970

1505

Hood Jones, Herb Jordan, H. S. Lambert Lane, W. J. Mason McCracken McDaniell Merritt Miles Miller Moate

Moore Morris Mullinax Nessmith Parker, C. A. Pickard Pinkston Reaves Roach Ross Rowland Scarborough

Scarlett Shepherd Sims Smith, J. R. Sweat Thompson, A. W. Westlake Whaley Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 107, nays 26.

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

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and many others:
A Bill to be entitled an Act to amend the Act creating the State Building Administrative Board, etc., so as to provide that said Board shall be a budget unit of the executive branch of State government, 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.:

Alexander Ballard Barber Battle Bell Bennett Berry , Blalock Bond Bostick Bowen Brooks
Brown, B. D.

Brown, C. Buck Busbee Carnes Gates Chandler Clarke Cole Collier Colwell Conger Connell
Conner

Cook Cooper Crowe Daugherty Davis, E. T. Dean, J. E. Dean, N. DeLong Dent Dorminy Egan Evans
Pallin

1506
Farmer Farrar Felton Floyd, J. H. Geisinger Gignilliat Grahl Graves Griffin Hamilton Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Hutchinson Johnson Joiner Jones, C. M.

JOURNAL OF THE HOUSE,

Jones, M. Jordan, H. S. Kreeger Lambert Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Miles Moate Morris Mullinax Murphy Nash Nunn Pafford Paris

Peterson Phillips, G. S. Phillips, L. L. Pickard Potts Rainey Ross Rush Salem Scarborough Shanahan Shepherd Sherman Simkins Smith, V. T. Snow Sorrells Thomason Thompson, R. Toles Town send Vaughn Ware Williams Wilson

Those voting in the negative were Messrs.:

Adams Anderson
Black Bohannon Collins, M. Collins, S. Douglas Floyd, L. R. Gary Hudson

Jordan, G. Keen Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Matthews, D. R. Milford Northcutt Patterson

Peters Poole Roach Scarlett Simmons Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles

Those not voting were Messrs.:

Atherton Barfield Brantley, H. H. Brantley, H. L. Bray Burruss Caldwell Dailey Davis, W. Dickinson Dixon Dodson Edwards

Ellis Ezzard Funk Gaynor Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Hood Howell Jones, Herb

Keyton Knapp Longino Mason McCracken Merritt Miller Moore Nessmith Odom Parker, C. A. Parker, H. W. Phillips, W. R.

Pinkston Reaves Rowland Russell Sims

WEDNESDAY, FEBRUARY 11, 1970

1507

Smith, J. R. Sweat Thompson, A. W. Wamble Westlake

Whaley Wood Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 29. The Bill, having received the requisite constitutional majority, was passed.

HB 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Games of the 104th, Ezzard of the 102nd and many others:
A Bill to be entitled an Act to amend an Act authorizing the Clerk of the Superior Court of any county of the State to install and use photostatic equipment or other photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.
The following amendment was read and adopted:
Mr. Douglas of the 42nd moves to amend HB 1388 by adding the words "to be kept" after the word "law" on Line 8, Page 1 and by striking the word "or" on the same line and inserting in lieu thereof the word "and".

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 113, nays 1.

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

HB 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Bill to be entitled an Act to amend the State Properties Control Code, as amended, so as to create a new section of the State Properties Control Code which shall be designated, entitled and known as Section 91-104A-2 "Procedure that shall be followed by the State Properties Control Com mission when the commission is directed by the General Assembly of Ga. to dispose of, sell, or lease any and all property not included within the definition of property as defined in Section 91-102A,"; and for other purposes.

1508

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

Ballard

Barber

Battle

Bell

Bennett

Berry

Black

Bohannon

Bond

Bostick

Bowen

Brantley, H. L.

Brooks

Brown, B. D.

Brown, C.

Buck

Burruss

Busbee

Caldwell

Carries

Chandler

Clarke

Cole

Collins, M.

Colwell

Conger

Connell

Conner

Cook

Cooper

Crowe

Dailey

Daugherty

Davis, E. T.

Dean, J. E.

Dean, N.

Dent

i

Dickinson

Dodson

Dorminy

Edwards

Egan

Evans Farmer Farrar Felton Floyd, J. H. Funk Gary Gignilliat Graves Griffin Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. 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 McDaniell Melton Merritt Miles Milford Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons ;Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat

WEDNESDAY, FEBRUARY 11, 1970

1509

Thomason Thompson, A. W. Toles
Townsend Vaughn

Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Douglas

Phillips, W. R.

Those not voting were Messrs.:

Barfield Blalock
Brantley, H. H. Bray Gates Collier Collins, S. Davis, W. DeLong Dixon Ellis Ezzard Fallin
Floyd, L. R.

Gaynor Geisinger Grahl Gunter Hadaway Hale Hargrett
Harris, R. W. Higginbothani Hood Johnson Jones, Herb
Jordan, H. S. Lambert

Matthews, D. R. McCracken Miller Moore Parker, C. A. Phillips, G. S. Reaves Rowland Salem Thompson, R. Wamble Westlake Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 2.

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

HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Bill to be entitled an Act to amend the State Properties Control Code, as amended, so as to create a new section of the State Properties Con trol Code which said new section shall be designated, entitled and known as Section 91-104A.-1 "Additional Discretionary Powers of the State Properties Control Commission"; and for other purposes.

The report of the Committee, which 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.

1510

JOURNAL OF THE HOUSE,

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to amend the Act known as the "Urban Redevelopment Law", so as to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances; and for other purposes.

An amendment, offered by Mr. Lee of the 21st, was read and lost.

The following amendment was read and adopted:
Mr. Knowles of the 22nd moves to amend HB 1145 by adding on Line 24, Section 1, after the word "built", the word "modular".

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 Atherton
Ballard Barber
Barfield Battle Berry Black Blalock Bostick Bowen
Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss
Busbee Caldwell Carnes
Clarke Conger

Connell
Cook Crowe
Dailey Daugherty
Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Dorminy
Egan Ellis Farmer Farrar Felton Gaynor
Gignilliat Grahl Graves
Griffin Harris, R. W.

Harrison
Hawes Henderson
Hill, B. L. Holder
Horton Housley Howell Hutchinson Joiner Jones, C. M. Jones, Herb
Jones, M. Keyton Kreeger Lee, W. S. Levitas Lewis
Lowrey Marcus Matthews, C.
Mauldin Maxwell

WEDNESDAY, FEBRUARY 11, 1970

1511

McDaniell Melton Merritt Milford Moate Mullinax Murphy Nunn Pafford Paris Parker, H. W. Peterson Phillips, G. S.
Phillips, L. L.

Pickard Potts Rainey Rush Russell Salem Scarlett Shanahan Sherman Simkins Sims Smith, J. R, Smith, V. T. Snow

Sorrells Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, J. A. Wilkerson Winkles Williams Wilson

Those -oting in the negative were Messrs.:

Anderson Bell Bray Cates Cole Collins, M. Collins, S. Dixon Douglas Edwards Floyd, J. H. Floyd, L. R. Gary Geisinger

Harris, J. F. Harris, J. R. Hudson Jordan, G. Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Longino Mason Matthews, D. R. Miles Moore

Morris Nash Northcutt Patterson Phillips, W. R. Poole Reaves Roach Ross Simmons Sweat Westlake
Wheeler, Bobby

Those not voting were Messrs.:

Bennett Bohannon Bond
Brantley, H. H. Chandler Collier Colwell Conner Cooper Davis, E. T. Davis, W. Evans Ezzard Fallin Funk

Gunter Hadaway Hale Hamilton Hargrett Harrington Higginbotham Hill, G. Hood Johnson Jordan, H. S. Keen Knapp Lambert
McClatchey

McCracken Miller Nessmith Odom Parker, C. A. Peters
Pinkston Rowland Scarborough Shepherd Thompson, R. Wood Mr. Speaker

On the pasage of the Bill, as amended, the ayes were 111, nays 41.

1512

JOURNAL OF THE HOUSE,

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

Mr. Cole of the 3rd served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1145, as amended.

HB 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st, and Maxwell of the 78th:
A Bill to be entitled an Act to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the issuance of a certifi cate of title for salvage military or government surplus vehicles, trucks or trailers, and industrial vehicles, trucks and trailers; 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
Blalock Bohannon Bond Bostick Bowen
Brantley, H. L. Bray
Brooks
Brown, B. D. Brown, C. Buck Burruss Busbee
Games

Gates 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 Dorminy
Douglas

Edwards Egan Ellis Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk
Gary Geisinger Gignilliat Graves Griffin
Gunter Hamilton
Harrington
Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham
Hill, B. L.

WEDNESDAY, FEBRUARY 11, 1970

1513

Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner 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 Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin

Maxwell McDaniell Melton Miles Milford Moate Moore Morris Mullinax Murphy Nash Nunn Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell Salem

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

Voting in the negative was Mr. Housley.

Those not voting were Messrs.:

Bennett Brantley, H. H. Caldwell DeLong Dodson Evans Gaynor Grahl Hadaway Hale Hargrett

Harris, R. W. Henderson Knapp Lambert Lane, W. J. Mason McClatchey McCracken Merritt Miller Nessmith

Northcutt Odom Parker, C. A. Phillips, L. L. Pinkston Rowland Thompson, R. Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 1.

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

1514

JOURNAL OF THE HOUSE,

HB 1085. 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 creating the Department of Public Safety; etc.; so as to change the rank and pay of the Drivers License Bureau Supervisor; 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 an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to change the compensation of members of the Uniform Division of the Department of Public Safety, members of the Geor gia Bureau of Investigation, radio operators and license examiners; 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 creating the Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, is hereby .amended by adding at the end of Section 2 of Article II the following:
"The members of the Uniform Division of the Department of Public Safety, members of the Georgia Bureau of Investigation, radio operators and license examiners shall each receive a salary increase of four hundred ($400.00) dollars per annum. The salary increases provided herein shall not be subject to longevity increases."
Section 2. The provisions of this Act shall become effective only in the event the General Assembly of Georgia, at the regular 1970 Session, appropriates funds to finance a four hundred dollar per annum across the board salary increase for State employees.
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:

WEDNESDAY, FEBRUARY 11, 1970

1515

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard
Barber Bar field Battle Bell Bennett Berry Black Blalock Bohannon Bond Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Chandler Clarke Cole 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 Ellis Evans
Ezzard

Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Geisinger Gignilliat Grahl Graves Griffin Hamilton 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 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 Maxwell McClatchey McDaniell Melton Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole
Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Wamble Ware

1516
Westlake Whaley Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Wilkerson Winkles

Williams Wilson Wood

Voting in the negative was Mr. W. R. Phillips.

Those not voting were Messrs.:

Bostick Brantley, H. H. Collier Conner DeLong Dorminy Fallin Gary

Gaynor Gunter Hadaway Hale Knapp Lambert McCracken Merritt

Miller Parker, C. A. Rowland Simkins Thompson, R. Vaughn Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 1.

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

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

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act approved January 3, 1938, and found in Georgia Laws 1937-38, Ex. Sess., p. 77, et seq., entitled "An Act to make comprehensive provision for an integrated tax administra tion for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such Commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, li censes and taxation; to abolish the State Revenue Commission; to con tinue the Comptroller General as Insurance Commissioner, Comptroller

WEDNESDAY, FEBRUARY 11, 1970

1517

of Withdrawals; to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the Department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal to the Board from the Superior Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68
and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes," as
amended by an Act approved February 21, 1951, (Ga. Laws 1951, p. 614), and as amended by an Act approved March 14, 1963 (Ga. Laws 1963, p. 133), so as to provide for the appointment of one Deputy State Revenue Commissioner; to provide for the office of Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; to strike the limitation on the salary of the Deputy State Revenue Commissioner; 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 Act approved January 3, 1938, and found in Georgia Laws 1937-38, Ex. Sess., p. 77, et seq., as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 614), and as amended by an Act approved March 14, 1963 (Ga. Laws 1963, p. 133), is hereby amended by striking therefrom in its entirety Section lla and substituting in lieu thereof a new Section lla to read as follows:

"Section lla. Appointment, qualifications, oath, salary, duties. --There is hereby created the office of Deputy State Revenue Com missioner, of which there shall be one. Such Deputy State Revenue Commissioner shall possess the qualifications and take the oath of office required by law of the State Revenue Commissioner, and shall be appointed by said State Revenue Commissioner and hold office at his pleasure. He shall not be under the merit system. The salary of the Deputy State Revenue Commissioner shall be paid from funds appropriated by the Department in such amounts as may be determined by the Commissioner, subject to the approval of the State Budget Bureau. He shall file an official surety bond, ap proved in form by the Attorney General, in the same amount as required for the State Revenue Commissioner, the premium of which shall be paid by the State. The Deputy State Revenue Com missioner shall perform such duties as are assigned to him by the State Revenue Commissioner. He shall exercise in all matters all authority granted by law to the State Revenue Commissioner which the State Revenue Commissioner may delegate to him in writ ing. He shall execute all documents and papers, including assess ments for taxes, executions for taxes, jeopardy assessments, li censes, and all other documents necessary in the performance of such duties and the exercise of such authority. Any such tax execu tion, license, assessment, or other document assigned and executed by the Deputy State Revenue Commissioner shall be of the same

1518

JOURNAL OF THE HOUSE,

force and effect as if signed and executed by the State Revenue Commissioner.

Section 2. This Act shall be effective immediately upon approval by the Governor or its otherwise becoming law.

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

Mr. Murphy of the 19th moved that the House agree to the Senate substi tute.

On the motion, the ayes were 108, nays 0.
The motion prevailed and the Senate substitute to HB 1247 was agreed to.
HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved April 24, 1969 (Ga. Laws 1969, p. 645), so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce, alimony or custory of minor children case forms the sole basis of the action; to provide that certain pro visions may be waived; to validate certain verdicts and judgments; 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 Civil Practice Act", approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, par ticularly by an Act approved April 24, 1969 (Ga. Laws 1969, p. 645), is hereby amended by striking in its entirety subsection (a) of Section 81A-152 and substituting in lieu thereof the following:
"(a) Effect. In all actions in Superior Court tried upon the facts without a jury, except actions involving only uncontested

WEDNESDAY, FEBRUARY 11, 1970

1519

divorce, alimony and custody of minors, the court shall find the facts specially and state separately its conclusions of law thereon and judgment shall be entered pursuant to Section 81A-158; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Request for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are un necessary on decisions of motions under Section 81A-112 or 81A156 or any other motion except as provided in Section 81A-141 (b). The requirements of this subsection may be waived in writing by the parties. Provided, all verdicts and judgments heretofore ren dered in any uncontested divorce, alimony or custory case without findings of fact and conclusions of law are hereby declared to be legal and binding and of the same effect as if such cases had been rendered with findings of fact and conclusions of law."

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

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Mr. Thompson of the 85th moved that the House agree to the Senate substitute.

On the motion, the ayes were 110, nays 2.
The motion prevailed and the Senate substitute to HB 1029 was agreed to.
The following Resolutions of the House were read and adopted:
HR 557. By Messrs. Smith of the 43rd, Wilson of the 117th, Levitas of the 77th, Conger of the 68th and many others: A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOI/SE OF REPRESENTATIVES that Rule 209 of the House of Representatives, relating to standing committees, be amended as follows:

1520

JOURNAL OF THE HOUSE,

By adding immediately following,

"23 State of Republic.",

the following:

"24 State Planning and Community Affairs."

By renumbering committees 24, 25, 26 and 27 as 25, 26, 27 and 28 respectively.

HR 816. By Messrs. Bostick of the 63rd, Nessmith, Lane and Parker of the 44th:
A RESOLUTION
Urging the Southern Railway Company to place a lighted traffic control device at the crossing where its railroad tracks intersect the Moore Highway, Tifton, Georgia, in order to prevent any future acci dents such as took place on the evening of Monday, February 2, 1970, which accident resulted in the permanent paralysis of Dan Davis; and for other purposes.
WHEREAS, Dan Davis, a handsome, athletic boy with a bright future in sports, practiced basketball late at the Abraham-Baldwin gym on the evening of February 2, 1970; and
WHEREAS, Dan and one of his teammate friends were hungry, so they got into Dan's car to go to a hamburger stand across the Southern Railroad tracks in Tifton, where said tracks intersect Moore Highway; and
WHEREAS, it was a cold, rainy and foggy night; and
WHEREAS, Dan approached the Southern Railway crossing look ing both ways, and saw nothing because the right-of-way on the left was obscured by a large building; and
WHEREAS, Dan proceeded to cross the tracks when the car he was driving was struck by a train; and
WHEREAS, Dan, who was the fifth leading high school football scorer in 1969, suffered the following injuries: a broken neck, broken spinal cord, broken leg, broken arm and numerous lacerations. He, in all likelihood, will be paralyzed for life; and
WHEREAS, there have been other accidents at said railroad cros sing; and
WHEREAS, it's time that something is done to make this crossing safer.

WEDNESDAY, FEBRUARY 11, 1970

1521

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body urges the Southern Railway Company to place a lighted traffic control device at the crossing where its railroad tracks intersect the Moore Highway in Tifton, Georgia.

BE IT FURTHER RESOLVED that the clerk of the House is authorized and directed to transmit a copy of this Resolution to the Southern Railway Company.

HR 817. By Messrs. McDaniell, Kreeger, Atherton, Housley, Wilson, Burruss and Henderson of the 117th:
A RESOLUTION
Commending "Bill" Schemmel; and for other purposes.
WHEREAS, "Bill" Schemmel will shortly be leaving his present position as a reporter for the Marietta Daily Journal to assume new duties and responsibilities with the Atlanta Magazine; and
WHEREAS, "Bill' Schemmel has been an honest, sincere reporter for the Marietta Daily Journal; and
WHEREAS, during his tenure as a reporter, he always attempted to "tell it like it is"; and
WHEREAS, his by-line will be missed by the readers of said news paper.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to "Bill" Schemmel its every good wish for his continued success in his new en deavor and employment and does extend to him Godspeed in the fur therance of his goals.

HR 818. By Messrs. Geisinger of the 72nd, Bell of the 73rd, Marcus of the 105th and many others:
A RESOLUTION
Commending Mr. Art Collier; and for other purposes.
WHEREAS, Mr. Art Collier, Sports Director of WQXI-TV, Atlanta's Channel 11, has been named as "Sportscaster of the Year for Georgia" by the National Sportscasters and Sports Writers Association; and
WHEREAS, Mr. Collier has long been a familiar face to Atlanta area television audiences; and

1522

JOURNAL OF THE HOUSE,

WHEREAS, he serves as the "color-man" on the statewide broad casts of Georgia Tech football games; and

WHEREAS, his accurate, incisive descriptions of athletic events have long been one of the highlights of television programming in this State; and

WHEREAS, it is only fitting and proper that Mr. Art Collier be commended and congratulated for his outstanding achievements and his long record of excellence in broadcast journalism.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Art Collier for his outstanding achievements and his long record of excellence in broadcast journalism.

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 Mr. Art Collier.

HR 819. By Messrs. Nessmith, Lane, and Parker of the 44th and Brantley of the 52nd:
A RESOLUTION
Congratulating Georgia Southern College; and for other purposes. WHEREAS, on February 7, 1908, 46 boys and girls of the First Dis trict of Georgia began classes at the new First District A & M School at Statesboro, Georgia; and
WHEREAS, over the years the First District A & M School grew in enrollment and curriculum until today it is Georgia Southern Col lege, the third largest residential unit of the University System of Georgia with more than 5,000 students and more than 350 faculty mem bers offering a variety of courses for undergraduates and an ambitious postgraduate program; and
WHEREAS, Georgia Southern College has provided the City of Statesboro, Bulloch County, and the State of Georgia with untold gifts of knowledge, leadership and challenge.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its congratula tions to Georgia Southern College for the continuing and dynamic growth of the institution as it enters the 63rd year of developing the minds of young people of Georgia and the nation.
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 John O. Eidson, Presi dent of Georgia Southern College.

WEDNESDAY, FEBRUARY 11, 1970

1523

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 820. By Messrs. Westlake of the 75th, Winkles of the 96th, McClatchey of the 113th and Leonard of the 3rd:
A RESOLUTION
Creating the House Bill 608 and Related Matters Study Committee; and for other purposes.
WHEREAS, House Bill 608 was introduced at the 1969 Session and was pending in the Insurance Committee at the 1970 Session; and
WHEREAS, the matter of competition in the insurance industry is of great importance to the industry and the people of Georgia; and
WHEREAS, insurance rates should be fair and adequate and not discriminatory; and
WHEREAS, House Bill 608 raised important questions relative to insurance companies, agents and the purchasers of insurance; and
WHEREAS, the people of Georgia would benefit from a thorough study and investigation of the results of the open competition rating law; and
WHEREAS, a subcommittee of the Insurance Committee unani mously determined that a study of these important matters should be made.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House Bill 608 and Related Matters Study Committee to be composed of seven members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall be authorized to make a thorough study of House Bill 608, to open competition rating law and all other matters relative thereto. Said Committee shall be further authorized to consult with representatives of the insurance industry, State officials and such other persons, organizations and associations as it deems necessary to fully and effectively carry out its duties and responsibilities.
BE IT FURTHER RESOLVED that each member of the Committee shall be authorized to receive the expenses and allowances provided by law for legislative members of interim committees but shall receive the same for not more than 10 days unless additional days are authorized by the Speaker of the House. 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.

1524

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the regular 1971 Ses sion of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular Session in 1971.

HR 821. By Messrs. DeLong of the 80th, Miles of the 78th, Phillips of the 29th, Lewis of the 37th and Dent of the 79th:
A RESOLUTION
Creating the Scholarship and Other Assistance to Children of Law Enforcement Officers, Firemen and Prison Guards Study Committee; and for other purposes.
WHEREAS, in 1968, there was ratified a constitutional amendment authorizing the General Assembly to provide for a program of scholar ships or other assistance to children of law enforcement officers, fire men and prison guards who are permanently disabled or killed in the line of duty; and
WHEREAS, said constitutional amendment has never been imple mented by the necessary legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Scholarship and Other Assistance to Children of Law Enforcement Officers, Fire men and Prison Guards Study Committee to be composed of five mem bers of the House of Representatives to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into such matters as are necessary to implement said constitutional amendment. The Committee shall make a report of its findings and recommendations to the 1971 General Assembly, at which time it shall stand abolished.

HR 822. By Messrs. Adams of the 100th, Matthews of the 63rd, Williams of the llth, Anderson of the 49th, Cole of the 3rd and Poole of the 10th:
A RESOLUTION
Creating the Compulsory Motor Vehicle Liability Insurance Study Committee; and for other purposes.
WHEREAS, the members of the General Assembly have voiced concern over the number of uninsured motorists driving motor vehicles on the streets and highways of the State of Georgia; and
WHEREAS, a bill was introduced in the House of Representatives at the 1970 Session of the General Assembly to prohibit the State Revenue Commissioner or any of his county tag agents from issuing a license tag to the owner of any motor vehicle unless the owner there-

WEDNESDAY, FEBRUARY 11, 1970

1525

of provides written evidence that he has then in force a minimum limits liability insurance policy covering said motor vehicle; and

WHEREAS, this is an area which needs considerable research and study before the General Assembly votes to require each owner of a motor vehicle to obtain liability insurance before being issued a license tag.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Compulsory Motor Vehicle Liability Insurance 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 conduct a thorough study of the laws of other states relative to compulsory motor vehicle liability insurance. The Committee shall be authorized to make such inquiries and investigations as it deems necessary in conduct ing this study. The Committee may conduct 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 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 appro priated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1971 Session of the General Assembly of Georgia at which time the Committee shall stand abolished.

HR 823. By Messrs. Bell of the 73rd, Winkles of the 96th and Games of the 104th:
A RESOLUTION
Creating the Multi-family Residential Rental Units Study Com mittee; and for other purposes.
WHEREAS, the taxation and regulation of multi-family residential rental units should be given careful study and consideration by the General Assembly to the end that the laws relative thereto can be im proved and, if necessary, new laws enacted.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Multi-family Residential Rental Units Study Committee to be composed of five (5) members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall make a thorough study and investi gation of all matters relative to the taxation and regulation of multifamily residential rental units.
BE IT FURTHER RESOLVED that each member of said Com mittee shall receive the expenses and allowances provided by law for members of legislative interim committees but shall receive same for

1526

JOURNAL OF THE HOUSE,

not more than ten days. 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 said Committee shall make a report of its findings and recommendations to the 1971 regular session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular session in January 1971.

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.

!

THURSDAY, FEBRUARY 12, 1970

1527

Representative Hall, Atlanta, Georgia Thursday, February 12,1970

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. W. C. Rice, Pastor, Patterson Baptist Church, Patterson, 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.

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

HB 1627. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, in the County of Clayton, so as to change the date of elections in said city; and for other purposes.
Referred to the Committee on Local Affairs.

1528

JOURNAL OF THE HOUSE,

HB 1628. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff and the Clerk of the Superior Court of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1629. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Clayton County, so as to change the compensation of the Judge and Solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1630. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton county into the single office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1631. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Clayton County, so as to empower the Board of Commis sioners by resolution, to authorize the Sheriff's Department of Clayton County or the Clayton County Police Department to remove any aban doned, junked, wrecked, or unattended motor vehicle found upon any street, highway, bridge, vacant property in Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1632. By Messrs. Lee, Gary and Northeutt of the 21st: A Bill to he entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1633. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to be entitled an Act to amend an Act placing the coroner of Clayton County on a salary basis in lieu of the fee system of compensa-

THURSDAY, FEBRUARY 12, 1970

1529

tion, so as to change the compensation of the coroner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1634. By Messrs. Lee, Gary and Northcutt of the 21st:
i A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Clayton County, so as to authorize the Board of Com missioners to create districts in the unincorporated areas of Clayton County for the purpose of establishing and maintaining within such districts a system of street lights; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1635. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Clayton County Civil Service System Act", so as to provide for staggered terms of office for the members of the board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1636. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the 80th, and Maxwell of the 78th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Richmond County, so as to provide that Richmond County shall provide a recreation program throughout the county and available to all residents of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1637. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the 80th, and Maxwell of the 78th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Richmond County, so as to provide that Richmond County shall provide throughout the county a system of animal control; and for other purposes.
Referred to the Committee on Local Affairs.

HR 808-1637. By Messrs. Gary, Lee and Northcutt of the 21st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Clayton County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of 2% of the total amount annually collected as rent for such units and sites; and for other purposes.
Referred to the Committee on Local Affairs.

1530

JOURNAL OF THE HOUSE,

HR 809-1637. By Messrs. Gary, Northcutt and Lee of the 21st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Clayton County may levy and collect a tax on certain multi-family residential rental units located within said county not to exceed a rate of 2% of the total annual rent; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1640. By Messrs. Harris, Parrar, Thomason and Levitas of the 77th, Vaughn and Jordan of the 74th, Bell of the 73rd, Collins and Geisinger of the 72nd and others:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, so as to change, enlarge, and extend the corporate limits of the City of Decatur by the incorporation of additional and con tiguous territory therein; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1641. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to provide that nursery stock grown in soil shall constitute farm products within the meaning of Article 7, Section 1, Paragraph 4 of the Constitution of the State of Georgia of 1945; to provide that nursery stock grown in soil shall constitute farm products within the meaning of Ga. L. 1946, p. 12, as thereafter amended; and for other purposes.
Referred to the Committee on Agriculture.

HB 1642. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Floyd County, so as to change the name of said court to the State Court of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1643. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia relating to elections, so as to correct typographical errors and incon sistencies appearing therein; and for other purposes.
Referred to the Committee on State of Republic.

HB 1645. By Messrs. Cooper, Wood and Williams of the llth:
A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary, so as to provide that the governing

THURSDAY, FEBRUARY 12, 1970

1531

authority of Dawson County shall be responsible for furnishing auto mobiles to the sheriff to be used by him in the official performance of the duties of his office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1646. By Mr. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Hall County, so as to authorize the Board of Com missioners to fix the fiscal year of said County for accounting purposes and to require annual audit to be made within three months after the end of the fiscal year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1647. By Messrs. Nunn and Peterson 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 1649. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to incorporate the City of Pitts; to grant a new charter to said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1650. By Messrs. Wood and Williams of the llth:
A Bill to be entitled an Act to authorize contractors to establish an escrow agreement with an escrow agent of his choice; and for other purposes.
Referred to the Committee on Industry.

HR 810-1650. By Messrs. Maxwell, Miles and Simkins of the 78th, Sherman and DeLong of the 80th and Dent of the 79th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Richmond County to establish districts for the purpose of erecting, establishing, maintaining and operating street lights within said county; and for other purposes.
Referred to the Committee on Local Affairs.

HR 811-1650. By Messrs. Maxwell and Simkins of the 78th, DeLong and Sherman of the 80th and Dent of the 79th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Richmond County shall have

1532

JOURNAL OF THE HOUSE,

the right and powers to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1652. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to create Gwinnett County Water and Sewerage Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1653. By Messrs. Bell and Morris of the 73rd, Thomason, Levitas of the 77th, and others:
A Bill to be entitled an Act to fix the compensation of the solicitors of the Civil and Criminal Courts of certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HE 812-1653. By Messrs. Mason and Nash of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1654. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Meriwether County, so as to change the time of the election of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1655. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend Code Section 92-6911, relating to powers and duties of Boards of County Tax Assessors and to notice to taxpayers of changes made in tax returns, so as to better provide for notice to taxpayers of changes made in tax returns by such Boards and of assessments made by such Boards in cases where there is no return; and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 12, 1970

1533

HR 815-1655. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution authorizing and directing, subject to the prior consent of the State Properties Commission, the Governor of the State of Geor gia to transfer by Executive Order the custody, control and juris diction of 900 acres, more or less of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Fish Commission; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1657. By Messrs. Hawes, Cook, Felton and Horton of the 95th, Bond of the lllth, Alexander of the 108th and others:
A Bill to be entitled an Act to amend an Act creating the Civil Court of Atlanta, so as to provide for the pleadings and rules of practice and procedure in certain cases; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1658. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act entitled "An Act to in crease the compensation of the Chairman of the Board of Commis sioners of Roads and Revenues of Upson County; to increase the com pensation of the other members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1659. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to empower the mayor and council of said City to appoint the Tax Commissioner of Upson County, to receive the returns of property for ad valorem taxation and to receive and collect all of the city's ad valorem taxes on said property; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1660. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the sheriff of Upson County upon an annual salary . . .", so as to in crease the compensation of the chief deputy sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1661. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to alter and amend the several laws creating and establishing the Board of Commissioners of Roads and Revenue

1534

JOURNAL OF THE HOUSE,

for the County of Upson so as to confer upon said Board the power and authority to exercise, by ordinances, rules, regulations or resolu tions, police power, to protect and secure the public health, welfare, safety, comfort and morals of the public and body politic; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1662. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to create the Newton County Water Au thority and to authorize such Authority to acquire, construct, oper ate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal corporations; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1663. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act providing certain require ments in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, so as to provide certain addi tional definitions; and for other purposes.
Referred to the Committee on Industry.

HB 1664. By Mr. Connell of the 79th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Richmond County, so as to add one additional member of the Board of Commissioners who shall be the chairman of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1665. By Mr. Rainey of the 47th: A Bill to be entitled an Act to prohibit buying, selling or possession of untanned alligator hides or skins within this State; and for other purposes.
Referred to the Committee on Game and Fish.
HB 1666. By Mr. Rainey of the 47th: A Bill to be entitled an Act to prohibit the buying, selling or possession of any catfish of a species Clariaus within the State; and for other purposes.
Referred to the Committee on Game and Fish.

THURSDAY, FEBRUARY 12, 1970

1535

HB 1667. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to authorize the governing authority of the City of Cordele to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1668. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to authorize the governing authority of Crisp County to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1669. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act completely and ex haustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions designating certain waters which may not be polluted; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1670. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to regulate the taking and possessing of salt water crawfish; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1671. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Worth County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of said officer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1672. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Worth County on a salary basis in lieu of the fee system, so as to change the compensation of the said officer; and for other purposes.
Referred to the Committee on Local Affairs.

1536

JOURNAL OP THE HOUSE,

HB 1673. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Temple, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1674. By Mr. Phillips of the 29th:
A Bill to be entitled an Act to amend an Act incorporating the City of Grovetown in the County of Columbia, so as to change the pro visions relating to the compensation of the Mayor and the members of the City Council; to change the name of the police court of the City Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1675. By Messrs. Bell and Morris of the 73rd, Thomason, Farrar and Levitas of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to fix the compensation of members of the boards of education of certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HR 824-1675. By Mr. Wamble of the 69th:
A Resolution proposing an amendment to the Georgia Laws 1962, p. 1200-1211, so as to remove the limitation on the rate of interest appli cable to bonds issued by the City of Cairo Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1676. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to repeal Act placing the sheriff of Worth County upon an annual salary, so as to provide for compensating the sheriff by an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1677. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish commissions, so as to authorize planning commissions to enter into agreements with political subdivisions and planning commissions, by whatever name known, in adjacent states; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 12, 1970

1537

HB 1678. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner; 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 Resolutions of the House could be introduced, read the first time and referred to the committees:

HR 841-1690. By Messrs. Sweat and Dixon of the 65th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Clinch County by the people; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1690. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to abolish the present mode of compen sation for the ordinary of Clinch County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HR 842-1690. By Messrs. Sweat and Dixon of the 65th:
A Resolution proposing an amendment to the Constitution so as to provide for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective Jan. 1, 1973; and for other purposes.
Referred to the Committee on Local Affairs.

HR 843-1690. By Messrs. Sweat and Dixon of the 65th:
A Resolution proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and maintain a county police force; and for other purposes.
Referred to the Committee on Local Affairs.

1538

JOURNAL OF THE HOUSE,

HR 844-1690. By Mr. Kreeger of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Smyrna Development Au thority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1691. By Mr. Hill of the 97th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1692. By Mr. Hill of the 97th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits of the City of East Point; and for other purposes.
Referred to the Committee on Local Affairs.

HR 845-1692. By Mr. Hill of the 97th:
A Resolution calling upon Fulton County to provide for a referendum in each of municipalities other than the City of Atlanta located in whole, or in part in House Districts 97, 98 & 101 and a referendum in that portion of the unincorporated area of Fulton County located in House Districts 97, 98 & 101 on the question of "whether the residents of the affected area desire to become a part of a single municipality in South Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 846-1692. By Mr. Hill of the 97th:
A Resolution creating the South Fulton single municipality study committee; to include each of the municipalities other than the City of Atlanta located in whole, or in part, in House Districts 97, 98 & 101 and that portion of the unincorporated areas of Fulton County located in House Districts 97, 98 & 101 to consider the question of "whether the residents of the affected area desire to become a part of a single mu nicipality in South Fulton County"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1696. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act entitled "Georgia Re>tailers' and Consumers' Sales and Use Tax Act", so as to provide

THURSDAY, FEBRUARY 12, 1970

1539

that if the sole use of property purchased under a certificate is the transportation of persons for hire while holding it for sale, the pur chaser may elect to include in gross receipts the transportation charges; and for other purposes.
Referred to the Committee on Ways and Means.

HR 825-1678. By Messrs. Wilson, McDaniell, Kreeger and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Marietta Development Au thority; 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 1577. By Messrs. Kreeger and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta, so as to authorize the Board of Education of the City of Marietta to establish a medical and hospitalization insurance program for certain personnel subject to the jurisdic tion of the Board; and for other purposes.

HB 1578. By Messrs. Kreeger, Wilson and McDaniell 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 change the corporate limits of said city; and for other purposes.

HB 1579. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the city of Kennesaw, so as to change the day of the annual elec tion; to increase the compensation of mayor and councilmen; and for other purposes.

HB 1580. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss, Atherton and Henderson of the 117th.
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to authorize the district attorney to employ an additional part-time assistant district attorney who shall be assigned to the Juvenile Court of Cobb County; and for other purposes.

1540

JOURNAL OP THE HOUSE,

HB 1581. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the city of Acworth, so as to provide for penalties for violations of any ordinance rules and regulations of said city; to provide for installation and construction of improvements; and for other purposes.

HB 1582. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Towns County Industrial Development Authority; and for other purposes.

HB 1583. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to reincorporate the Town of Marshallville and to make same a. city; to create a new charter for said city; and for other purposes.

HB 1584. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Lanier County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1585. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to create a new board of education of La nier County; and for other purposes.

HB 1586. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bleckley County upon an annual salary, so as to change the number of deputies and their compensation; and for other purposes.

HB 1587. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled to amend an Act abolishing the present mode of compensating the tax collector of Bleckley County, so as to change the compensation of the tax collector; and for other purposes.

HB 1588. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of com pensation, so as to change the salary of the coroner; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1541

HB 1589. By Messrs. Felton and Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 26-506, relating to multiple prosecution for same conduct, so as to require an accused to make a pretrial motion for single prosecution before several crimes arising out of the same conduct must be prosecuted in a single prose cution; and for other purposes.

HB 1590. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act amending, revising, and enlarging the charter for the city of Conyers, so as to change the mode of electing the mayor and aldermen and their terms of office; and for other purposes.

HR 739-1590. By Mr. Melton of the 32nd:
A Resolution creating the Georgia Motor Transport Study Committee; and for other purposes.

HR 740-1590. By Messrs. Smith of the 43rd, Chandler of the 34th, and Murphy of the 19th:
A Resolution accepting the bid of Downtown Development Corporation, F. M. Air Rights Company and City Center, Inc., occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, now known as the "Atlanta Union Passenger Sta tion of the Western and Atlantic Railroad"; and for other purposes.

HB 1591. By Mr. Atherton of the 117th:
A Bill to be entitled an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, so as to authorize municipal governing authorities to provide for the inclusion of adjacent unincorporated territory within the planning and zoning jurisdiction of the municipality; and for other purposes.

HB 1592. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act incorporating the City of Lyons, so as to change the number of votes of the councilmen required to override the veto of the mayor of any ordinance, order, or resolution of the council; and for other purposes.
HB 1593. By Messrs. Maxwell, Miles and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A Bill to be entitled an Act to provide for a budget in certain counties of this State; to define terms "authorities", "budget officer" and "budget commission" as used in this Act; and for other purposes.

1542

JOURNAL OF THE HOUSE,

HB 1594. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Camden County Historical Commission; and for other purposes.

HB 1595 By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend an Act known as the "Insurance Premium Finance Company Act", so as to change the amount which may be charged in addition to the maximum service charge on a pre mium finance agreement; and for other purposes.

HB 1596. By Messrs. Conger and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act changing the method of selecting the members of the Board of Education of Miller County, so as to provide for the compensation of the chairman and members of the Board of Education; and for other purposes.

HB 1597. By Messrs. Conger and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the sheriff; and for other purposes.

HB 1598. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend Title 88 of the Code of Georgia known as the "Georgia Health Code", so as to add thereto a new chap ter to be known as Chapter 88-29; to provide that said Chapter shall be entitled "Georgia Medical Consent Law"; and for other purposes.

HB 1599. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act amending, consolidating, creating, revising and superseding the several acts incorporating the City of Blackshear in the County of Pierce, so as to provide for the election of a Judge of the Mayor's Court in the event that the Mayor is disqualified or fails to act as Judge of said court; and for other purposes.

HB 1600. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Santa Clause, so as to change the name of said City; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1543

HB 1601. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to fur ther define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit", so as to provide for additional compen sation; and for other purposes.

HB 1602. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide a new charter for the City of Flovilla; and for other purposes.

HR 742-1602. By Messrs. Hudson and Dorminy of the 48th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; and for other purposes.

HR 743-1602. By Messrs. Maxwell and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A Resolution proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority to establish historic zones within designated areas of the city; and for other purposes.

HB 1608. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend the charter of the City of Powder Springs in the County of Cobb, so as to create a new charter for said city; to prescribe the corporate limits; and for other purposes.

HB 1609. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to change the name of the recorder's court; and for other purposes.

HR 806-1609. By Messrs. Atherton, Burruss, Kreeger, Wilson, Henderson and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; and for other pur poses.

HB 1610. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio

1544

JOURNAL OF THE HOUSE,

justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.

HB 1611. By Messrs. Nunn and Peterson of the 41st:
A Bill to be entitled an Act to repeal an Act incorporating the municipality of Elberta; and for other purposes.

HB 1613. By Messrs. Geisinger of the 72nd, Dodson of the 82nd, Westlake of the 75th, Collins of the 72nd, Holder of the 49th, Smith of the 3rd and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 88-2709, relating to illegal traffic in human bodies, so as to allow payments by the Board for distribution of unclaimed dead bodies to next of kin for burial benefits similar to those paid by the Social Security Adminis tration, Veterans Administration, and the Railroad Retirement System; and for other purposes.

HB 1614. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the sheriff and clerk of the superior court of Liberty County, so as to change the compensation of the sheriff; and for other purposes.

HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th, Collins of the 72nd, Morris of the 73rd, Farrar of the 77th and others:
A Bill to be entitled an Act to prohibit any real estate agent or broker from inducing or attempting to induce for profit any person to sell or rent his dwelling by the use of representations that a person or persons of a particular race, color, religion or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; and for other purposes.

HB 1616. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.

HB 1617. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compen sation of Tax Commissioner; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1545

HB 1618. By Mr. Edwards of the 45th:
A Bill to be entitled an Act to abolish the present mode of compen sating the Clerk of the Superior Court of Marion County, so as to provide in lieu thereof an annual salary; and for other purposes.

HB 1619. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Marion County, so as to change the provisions relating to the compensation of the Sheriff and deputy sheriff; and for other purposes.

HB 1620. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Marion County into the office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.

HB 1621. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (s) increasing the corporate limits of the City of Smyrna; and for other purposes.

HB 1622. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to 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 ac cepted by the board on or before January 1, 1971; and for other purposes.

HB 1623. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th, Connell and Dent of the 79th:
A Bill to be entitled an Act to create in each county of the State having a population of not less than 140,000, a county personnel commission which shall operate as an advisory body to the governing authority of the county and which shall consist of 6 members appointed by the governing authority for staggered terms; and for other purposes.

HB 1624. By Mr. Henderson of the 117th: A Bill to be entitled an Act to amend an Act entitled the "Uniform

1546

JOURNAL OF THE HOUSE,

Act Regulating Traffic on Highways", so as to change the speed limits for pickup trucks; and for other purposes.

HB 1625. By Mr. Sherman of the 80th:
A Bill to be entitled an Act to repeal an Act incorporating the City of Augusta as the City Council of Augusta; and for other purposes.

HB 1626. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to place the Official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with criminal cases; and for other purposes.

HB 1651. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to prevent discrimination on account of race, creed, color or national origin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and attendance of students; and for other purposes.

HB 1656. By Messrs. Parker of the 44th, Felton of the 95th, Brantley of the 52nd, Williams of the llth, Games of the 104th, Grahl of the 40th 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 provide that the General Assembly may appropriate funds for the purposes of reducing required local effort; and for other purposes.

HR 813-1653. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the State Properties Control Commission to amend the December 10, 1969, lease contract between State Properties Control Commission and Baldwin County Board of Education, so as to delete and remove the portion of land that is described in and is being leased by virtue of the said lease contract; and for other purposes.

HR 814-1653. By Mr. Barber of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes; and for other purposes.

HB 1638. By Messrs. Wilkerson of the 103rd and Adams of the 100th: A Bill to be entitled an Act to require members of the State Board

THURSDAY, FEBRUARY 12, 1970

1547

of Education or any members of any county or independent Board of Education to send their children between the ages of 7 and 16 to public schools; to provide that failure to do so shall be grounds for removal of any such Board member; and for other purposes.

HB 1639. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases;", so as to increase the compensation of the court re porter; and for other purposes.

HB 1648. By Messrs. Floyd of the 7th, Ware of the 30th, Wood of the llth and Dean of the 19th:
A Bill to be entitled an Act to amend an Act imposing a tax upon the sale, use or other disposition of cigars and cigarettes within this State, so as to provide that the taxes imposed by this Act shall not be levied against persons purchasing cigars or cigarettes exclusively for use by the patients at the Georgia War Veterans Home; and for other purposes.

HB 1644. By Messrs. Floyd of the 7th, Funk of the 92nd and Harris of the 10th:
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 Gen eral Assembly to establish by law a schedule of minimum salaries for teachers and other certificated professional personnel and an index salary schedule; and for other purposes.

SR 259. By Senator Dean of the 6th:
A Resolution authorizing the conveyance of certain real property lo cated in Jesup, Wayne County; and for other purposes.

SB 358. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing a retirement 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 credit for previous teaching service rendered in certain other State or independent school systems; and for other pur poses.

SB 359. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act establishing the Teach-

1548

JOURNAL OF THE HOUSE,

ers' Retirement System, so as to redefine the term "teacher" as used in this Act; and for other purposes.

SB 396. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; and for other purposes.

SB 399. By Senator Rowan of the 8th:
A Bill to be entitled an Act to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective coun ties relative only to the collection of all tax fi. fas. issued to make levy of such fi. fas, advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.

SB 414. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to provide benefits for certain State employees contracting infectious hepatitis in specified instances; and for other purposes.
SB 415. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 79A-301, relating to the appointment, duties and authority of the Chief Drug Inspector, so as to provide that the office of the Chief Drug Inspector shall be known also as the "State Drug Department"; and for other purposes.

SB 418. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 79A relating to pharmacists, pharmacy, and drugs, so as to delete all references to marijuana from Chapter 79A-8 and to provide for the definition of marijuana; and for other purposes.

SB 443. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the qualifications of the Adjutant General; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1549

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to create the South Fulton Coliseum Au thority; and for other purposes.

SB 449. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court for Wilkes County, so as to enlarge the jurisdiction of said Court; and for other purposes.

SB 450. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer of Fannin County, so as to provide for the payment of compensation to the County Depository of Fannin County for the performance of the duties imposed upon it by the provisions of said Act; and for other purposes.

SB 457. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating and incorporat ing the City of Richmond Hill, so as to enumerate the corporate powers of said City; and for other purposes.

SB 458. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act relating to the establish ing of a City Court of Pembroke in and for the County of Bryan to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain counties; and for other purposes.

SB 459. By Senators Smith of the 18th and Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary, expenses, and mileage of members of the General As sembly, so as to clarify the provisions relating to expense allowance of members of the General Assembly; and for other purposes.

SB 462. By Senator London of the 50th:
A Bill to be entitled an Act to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970 to determine and set the salary of the clerk of such govern ing authority as the said governing authority shall deem proper; and for other purposes.

1550

JOURNAL OF THE HOUSE,

SB 464. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; and for other purposes.

SB 470. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Title 22, relating to corpora tions, so as to amend Part I thereof by deleting the requirement that a corporation shall accompany a notice from the State Revenue Com missioner that the corporation has met the requirements concerning reports and taxes; and for other purposes.

SB 471. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term "indigent persons" in such a manner as to require that the governing authority of an allegedly indigent person's county of residence shall certify such person as indigent; and for other purposes.

SB 472. By Senators Fincher of the 54th, Doss of the 52nd and Coggin of the 35th:
A Bill to be entitled an Act to amend the Act known as the "Housing Authorities Law", so as to fix the maximum rate of interest on bonds issued by a housing authority at 8% per annum; and for other pur poses.

SB 473. By Senators Fincher of the 54th, Doss of the 52nd, and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to fix the maximum rate of interest on bonds issued by a housing authority at 8% per annum; and for other purposes.

SB 348. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 26-1705, relating" to the illegal use of credit cards, so as to clarify the definitions of the terms "credit card" and "issuer"; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:

THURSDAY, FEBRUARY 12, 1970

1551

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 724-1509. Do Pass. HR 700-1453. Do Pass. HR 550-1121. Do Pass. HR 705-1460. Do Pass. HR 702-1453. Do Pass. HR 697-1450. Do Pass. HR 693-1436. Do Pass. HR 681-1426. Do Pass. HR 674-1416. Do Pass. HR 661-1346. Do Pass. HR 554-1121. Do Pass. HR 541-1090. Do Pass. HR 564-1147. Do Pass as Amended. HR 579-1173. Do Pass. HR 565-1158. Do Pass. HR 633-1264. Do Pass. HR 636-1288. Do Pass. HR 299- 866. Do Pass as Amended. HR 562-1147. Do Pass as Amended. HR 645-1310. Do Pass as Amended. HR 520-1044. Do Pass as Amended. HR 711-1475. Do Pass as Amended. HR 563-1147. Do Pass as Amended. HR 596-1210. Do Pass as Amended. HR 185- 484. Do Not Pass. HR 254- 722. Do Not Pass. HR 539-1090. Do Not Pass. HR 599-1227. Do Not Pass.

1552

JOURNAL OF THE HOUSE,

HR 538-1090. Do Not Pass.

Respectfully submitted, Floyd of the 7th District, Chairman.

Mr. Murphy of the 19th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the fol lowing Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 807-1612. Do Pass.
Respectfully submitted, Murphy of the 19th District, Chairman.
Mr. Ware of the 30th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HR 734-1560. Do Pass.

SB

443. Do Pass.

Respectfully submitted, Ware of the 30th District, Chairman.

Mr. Barber of the 15th District, Chairman of the Committee on Education, submitted the following report:

THURSDAY, FEBRUARY 12, 1970

1553

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1459. Do Pass.
HB 1377. Do Pass.
HB 1644. Do Pass. HB 1313. Do Pass by Committee Substitute.
Respectfully submitted, Barber of the 15th District, Chairman.

Mr. Rainey of the 47th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:

Your Committee on Game & Fish has had under consideration the following^ Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1373. Do Pass by Substitute.
Respectfully submitted, Rainey of the 47th District, Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Hygiene & Sanitation, submitted the following report:

Mr. Speaker:

Your Committee on Hygiene & Sanitation has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

1554

JOURNAL OF THE HOUSE,

HB 255. Do Pass by Substitute. SB 397. Do Pass. HB 1613. Do Pass. SB 369. Do Pass. HB 1309. Do Pass by Substitute. SB 405. Do Pass. HB 1180. Do Not Pass.

Respectfully submitted, Smith of the 3rd District, Chairman.

Mr. Vaughn of the 74th District, 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 to report same back to the House with the following recommendations:
SB 189. Do Pass.
Respectfully submitted, Vaughn of the 74th District, Chairman.

Mr. Mac Pickard of the 84th District, Chairman of the Committee on In dustry, 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 to report same back to the House with the following recommendations:

SB

311. Do Pass.

HB

1497. Do Pass.

THURSDAY, FEBRUARY 12, 1970

1555

HB

1615. Do Pass.

HR 728-1521. Do Pass.

HR 660-1345. Do Pass.

Respectfully submitted, Pickard of the 84th District, Chairman.

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HR 654-1322. Do Pass as Amended.

HB

1677. Do Pass.

SB

388. Do Pass.

Respectfully submitted, Harris of the 77th District, Chairman.

Mr. Clarke of the 33rd District, 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 and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB

1397. Do Pass as Amended.

HB

1442. Do Pass as Amended.

HB

1478. Do Pass by Substitute.

HB

1528. Do Pass as Amended.

1556

JOURNAL OF THE HOUSE,

HB

1538. Do Pass.

HB

1539. Do Pass.

HB

1542. Do Pass.

HB

1580. Do Pass.

HB

1582. Do Pass.

HB

1584. Do Pass.

HB

1585. Do Pass.

HB

1586. Do Pass.

HB

1587. Do Pass.

HB

1588. Do Pass.

HB

1590. Do Pass.

HB

1592. Do Pass.

HB

1593. Do Pass.

HB

1594. Do Pass.

HB

1596. Do Pass.

HB

1597. Do Pass.

HB

1599. Do Pass by Substitute.

HB

1600. Do Pass.

HB

1604. Do Pass.

HB

1606. Do Pass.

HB

1607. Do Pass.

HB

1610. Do Pass.

HB

1612. Do Pass.

HB

1614. Do Pass.

HB

1616. Do Pass.

HB

1617. Do Pass.

HB

1619. Do Pass.

HB

1620. Do Pass.

HR 742-1602. Do Pass.

HR 743-1602. Do Pass.

HR 806-1609. Do Pass.

SB

411. Do Pass.

SB

428. Do Pass.

Respectfully submitted,

Clarke of the 33rd District,

Chairman.

THURSDAY, FEBRUARY 12, 1970

1557

Mr. Chandler of the 34th District, Chairman of the Committee on State In stitutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under considera tion the following Bills and Resolutions of the House and Senate and has in structed me to report same back to the House with the following recommenda tions :

HB

659. Do Pass.

HB

1534. Do Pass.

HR 641-1290. Do Pass.

HR 716-1488. Do Pass as Amended.

HR 733-1560. Do Pass.

HR 737-1567. Do Pass.

SR

242. Do Pass.

SR

244. Do Pass.

HB

1526. Do Pass.

SB

412. Do Pass.

Respectfully submitted, Chandler of the 34th District, Chairman.

Mr. Paris of the 14th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendations:

1558

JOURNAL OF THE HOUSE,

SB 262. Do Pass by Substitute.

Respectfully submitted, Paris of the 14th District, Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on Universi ty System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia has had under considera tion the following Bill of the House and has instructed me to report same back' to the House with the following recommendations:
HB 1484. Do Pass.
Respectfully submitted, Matthews of the 16th District, Chairman.

Mr. Melton of the 32nd District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the follow ing 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 recommenda tions :
HB 1248. Do Pass. HB 1460. Do Pass. HB 1496. Do Pass. SB 434. Do Pass. SR 53. Do Pass by Substitute.
Respectfully submitted, Melton of the 32nd District, Chairman.

THURSDAY, FEBRUARY 12, 1970

1559

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

HB 1529. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, as amended, so as to change the pro visions relating to the compensation of certain personnel within the sheriff's office; 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 120, nays 0.

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

HB 1531. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create a new Board of Education of Gordon 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 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1533. By Messrs. Levitas and Harris of the 77th, Jordan of the 74th, Dean of the 76th, Westlake of the 75th and many others:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system in DeKalb County for employees of DeKalb County, as amended, so as to place the Chief of the DeKalb County Police Department under the DeKalb County Merit System; and for other purposes.

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

1560

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for McDuffie 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 120, nays 0.

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

HB 1545. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Glascock County; to prescribe the jurisdiction 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 120, nays 0.

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

HB 1549. By Messrs. Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, as amended, so as to include certain described properties within 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.

THURSDAY, FEBRUARY 12, 1970

1561

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1546. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions relating to the districts from which commissioners are elected; to pro vide the procedures connected therewith; 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 120, nays 0.

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

HB 1552. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; 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 120, nays 0.

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

HB 1553. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, as amended, so as to change the compensation of the members of said Board of Commissioners; and for other purposes.

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

1562

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1554. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Crawford County upon an annual salary, as amended, so as to provide for a base salary for the newly-elected sheriffs and their deputies; 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 120, nays 0.

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

HB 1555. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, so as to provide for a base annual salary with annual raises for four years; 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 120, nays 0.

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

HB 1556. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Treasurer of Crawford County, as amended, so as to change the compensation of said Treasurer; and for other purposes.

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

THURSDAY, FEBRUARY 12, 1970

1563

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1557. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an annual salary, so as to provide for a base salary for each newly-elected Ordinary of Crawford 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 120, nays 0.

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

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, as amended, so as to extend the present corporate limits of said city to include certain additional 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st: A Bill to be entitled an Act to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of com pensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1564

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, Wilson, Atherton and Henderson of the 117th:
A Bill to be entitled an Act to amend the "Paulding County Water Authority", approved April 5,1961 (Ga. Laws 1961, P. 2837), as amended, so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; to provide the procedures connected therewith; 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 120, nays 0.

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

HB 1565. By Messrs. Higginbotham and Floyd of the 75th, Harris, Thomason and Farrar of the 77th and many others:
A Bill to be entitled an Act to change the compensation of the judges of the juvenile courts in certain counties; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1568. 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, as amended, so as to provide that candidates for the election to the board of commissioners from each ward shall receive a majority of votes cast; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1565

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 120, nays 0.

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

HB 1569. By Mr. Conner of the 56th:
A Bill to be entitled an Act to create a small claims court in certain counties of this state; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of such courts; 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 120, nays 0.

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

HB 1570. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into one office of tax commissioner of Taylor County, as amended, so as to change the compensation of the tax 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 120, nays 0.

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

HB 1571. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Taylor County and providing in lieu

1566

JOURNAL OP THE HOUSE,

thereof an annual salary for said officer, so as to provide an expense al lowance for the sheriff for the operation of the sheriff's automobile; 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 120, nays 0.

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

HB 1572. By Messrs. Cook and Cates of the 95th, Adams of the 100th, Shepherd of the 107th and many others:
A Bill to be entitled an Act to authorize and direct the governing au thorities of all municipalities with populations of 400,000 or more, to impose a license fee, not to exceed $100.00 per annum, upon each person who practices astrology for a fee; 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 120, nays 0.

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

HB 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensation for the ordinary of Baker 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 to.

On the passage of the Bill, the ayes were 120, nays 0.

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

THURSDAY, FEBRUARY 12, 1970

1567

HB 1538. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of com pensation, as amended, so as to provide for a contingent expense allow ance for 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 120, nays 0.

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

HB 1539. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, as amended, so as to change the compensation of the treasurer; 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 120, nays 0.

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

HB 1542. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide for the addition of two members of the Board of Education of Monroe 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 120, nays 0.

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

1568

JOURNAL OF THE HOUSE,

HB 1604. By Mr. Harrison of the 66th:
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 Charlton, as amended, so as to change the days on which the meetings of the board are held; 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 120, nays 0.

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

HB 1606. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act consolidating the laws chartering the City of Summerville, as amended, so as to provide for certiorari directly from decisions rendered in the mayor's or recorder's court of the City of Summerville; 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 120, nays 0.

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

HB 1607. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, as amended, so as to change the compensation of the deputies; 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 120, nays 0.

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

THUESDAY, FEBRUARY 12, 1970

1569

HB 1612. By Messrs. Lane, Nessmith and Parker of the 44th:
A Bil to be entitled an Act to create a new board of education of Bulloch County; to provide for the membership 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 120, nays 0.

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

SB 411. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensa tion 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 120, nays 0.

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

SB 428. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purposes of compensating his employees; 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 120, nays 0.

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

1570

JOURNAL OF THE HOUSE,

HB 1442. By Messrs. Dodson of the 82nd, Evans of the 81st, Miller of the 83rd and many others:
A Bill to be entitled an Act to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; to provide for a short title; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 1442 as follows:
By striking in its entirety Section 7 and substituting in lieu thereof new Section 7 to read as follows:
"Section 7. The Commission shall be composed of 45 citizens of Bibb County. There shall be an Executive Committee of the Commission to be composed of 18 members.
Within 30 days after this Act becomes law, the members of the General Assembly representing Bibb County shall meet in cau cus and each Senator and Representative shall name to the Com mission 5 citizens of Bibb County. Each Senator and Represen tative shall designate two of his appointees who shall serve on the Executive Committee. In making their appointments to the Com mission, the members of the General Assembly shall as near as practicable ensure that there will be at least one member appointed to the Commission from each of the election districts located within Bibb County. The Commission shall elect its own chairman, and in the event a vacancy shall occur on the Commission, such vacancy shall be filled by the Executive Committee of the Commission ap pointing a successor."

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 120, nays 0.

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

HB 1397. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the City of Social Circle, etc.; so as to increase the corporate limits of said city; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1571

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 1397 as follows:
By striking in its entirety line 11 of page 1 and substituting in lieu thereof the following:
"the territory embraced within the limits of one mile".
By striking in its entirety line 13 of page 1 and substituting in lieu thereof the following:
"all that territory within Walton County only which is em braced within the limits of two miles".
By striking in its entirety line 19 of page 1 and substituting in lieu thereof the following:
"inhabitants of all that territory within Walton County only which is embraced within".
By striking from line 8 of page 2 the figure "60" and substituting in lieu thereof the figure "30".
By striking from lines 13 and 22 of page 2 the words "and Newton counties" and substituting in lieu thereof the word "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 120, nays 0.

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

HB 1478. By Messrs. Connell and Dent of the 79th, Miles of the 78th, Simkins of the 78th and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing for the appoint-ment of an associate judge of the city court of certain counties, so as to provide for extending the provisions of said Act for one additional year; and for other purposes.

1572

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act providing for the appoint ment of an associate judge of the city court of certain counties, ap proved March 26, 1969 (Ga. Laws 1969, p. 2396), so as to extend the! provisions of said Act for one additional year; to extend the term of office of said judge; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing for the appointment of an associate judge of the city court of certain counties, approved March 26, 1969 (Ga. Laws 1969, p. 2396), is hereby amended by striking wherever the same appears the following:

"December 31, 1970",

and substituting in lieu thereof the following:

"March 31, 1971".

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 120, nays 0.

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

HB 1528. By Messrs. Reaves and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must receive a majority of the votes cast for a particular office in the city election) in order to be elected to said office; and for other purposes.

The following Committee amendment was read and adopted:

THURSDAY, FEBRUARY 12, 1970

1573

The Committee on Local Affairs moves to amend HB 1528 as follows:

By striking from the quoted matter in Section 2 the following:

"The polls shall be opened at 8:00 a.m. and closed at 6:00

and inserting in lieu thereof the following: "The polls shall be opened at 7:00 a.m. and closed at 7:00 p.m."
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 120, nays 0.

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

HB 1537. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other purposes.

The following substitute, offered by Messrs. Mason and Nash of the 13th, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Gwinnett Judi cial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. Laws 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. Laws 1967, p. 122), and by an Act approved March 4, 1969 (Ga. Laws 1969, p. 48), so as to change the compensation of the secretary; and investigator of the District Attorney; to provide for a Court Re porter for said Circuit, and to provide his powers, duties, and com pensation and the method of selection; to provide for payment of services of said Court Reporter; to change the compensation of the Court Reporter; to change the compensation of the Judge's secretary; to provide an effective date; to repeal conflicting laws; and for other purposes*

1574

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. Laws 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. Laws 1967, p. 122), and by an Act approved March 4, 1969 (Ga. Laws. 1969, p. 48), is hereby amended by striking from the last sentence of Section 2 the symbol and figure "$350.00" and substituting in lieu thereof "$550.00".

Section 2. Said Act is further amended by striking from sub section (a) of Section 2A the symbol and figure "$7,500.00" and sub stituting in lieu thereof "$9,000.00".

Section 3. Said Act is further amended by striking in its entirety Section 5A and substituting in lieu thereof a new Section 5A to read as follows:

"Section 5A. (1) The Judge of said Court shall be authorized to employ and engage a full-time Court Reporter and shall be au thorized to enter into negotiations to provide such services for the Court and to fix the compensation of such Court Reporter in a sum not to exceed Six Hundred ($600.00) Dollars per month. The compensation provided herein shall be in lieu of per diem provided by law and for the services of reporting cases in said Court. The compensation provided herein shall be paid by the governing au thority of Gwinnett County and shall be deemed an expense of the operation of the Superior Court.

"(2) The official Court Reporter of the Superior Court shall, upon the order of the Court, be paid, in addition to the abovestated compensation, compensation for the preparation of criminal trial transcripts in the Superior Court and the Civil & Criminal Court of said County at the rate provided by law, and said com pensation shall be paid by the governing authority having charge of the fiscal affairs of Gwinnett County. Copy thereof may be ob tained by any party or parties at their expense; provided however, when the copies are requested by any State or County officer, the copy shall be furnished at actual cost of the duplication, and when duplicated by the officer, a copy shall be furnished without ex pense."

Section 4. Said Act is further amended by striking from Section 5B the words and figure "Four Hundred ($400.00) Dollars" and sub stituting in lieu thereof the following:

"Six Hundred ($600.00) Dollars",

so that when so amended, Section 5B shall read as follows:

"Section 5B. The judge of said Court is authorized to employ

THURSDAY, FEBRUARY 12, 1970

1575

the service of a full-time secretary and fix the compensation of such secretary in an amount not to exceed Six Hundred ($600.00) Dollars per month. The compensation of such secretary shall be an expense of the Court and shall be paid by the governing authority of Gwinnett County."

Section 5. 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 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.

On the passage of the Bill, by substitute, the ayes were 120, nays 0.

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

HR 730-1531. By Mr. Paris of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school sys tem of the City of Winder and the County school system of Barrow County into one school district; to create a Board of Education of said System; to provide for a School Superintendent of said System; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion is hereby amended by adding to the end thereof the following:
"Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merg ing the independent school system of the City of Winder and the existing school district in the County of Barrow outside the cor porate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the terri torial limits of Barrow County as the same may now or here after exist or be defined. The Barrow County School System shall

1576

JOURNAL OF THE HOUSE,

be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such] provisions are in conflict with this amendment or laws enacted pursuant to the authority of said amendment. For the purposes of this provision, the Auburn School District which shall here after be referred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbeck School District which shall hereafter be referred to and known as the Holsenbeck School
Area, and the Statham School District which shall hereafter be referred to and known as the Statham School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifi cally provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. For the purposes of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General Assembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.

There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as fol lows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of January immediately following their selection, appointment or election to office. In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or dedefined so that such area does not in clude the residence of the member representing such area, such member shall nevertheless represent such area until the expira tion of his term of office. At its first meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chair man in the subsequent year. A member shall be eligible to suc ceed himself as Chairman of the Board and a member, so long

THURSDAY, FEBRUARY 12, 1970

1577

as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The Gen eral Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, ap pointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board.

The independent school system of the City of Winder and the Board of Education thereof and the existing school district in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1971, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1971, the Barrow County School System and the Board of Educa tion thereof herein created shall come into existence and shall become the successors to such abolished School Systems and Boards of Education and shall be subject to all constitutional and statu tory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment.

There is hereby established within and for the Barrow County School System the Office of School Superintendent of the Barrow County School System and a School Superintendent of the Bar row County School System.

On January 1, 1971, the County School Superintendent of Barrow County in office at the time this merger becomes effec tive shall assume the duties of the School Superintendent of the newly created Barrow County School System, and he shall be the successor to the School Superintendent of the existing independent school system of the City of Winder and the School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The School Superin tendent of the Barrow County School System created herein shall continue to serve as the School Superintendent of the Barrow County School System until his present term of office as School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder expires on December 31, 1972. Thereafter, successors to the School Super intendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System. A majority vote of said Board shall be necessary for the appoint ment of said School Superintendent. The School Superintendent shall be appointed for a term of one or more years and he shall' receive such salary and other compensation as may be fixed by the Board of Education. Said School Superintendent shall be sub ject to all constitutional and statutory provisions relative to County School Superintendents unless such provisions are in con flict with the provisions of this amendment or laws enacted pur suant to the authority of this amendment.
In the event the School Superintendent of the existing school

1578

JOURNAL OP THE HOUSE,

district in the County of Barrow outside the corporate limits of the City of Winder should die, become disqualified or for any other reason be unable to assume the duties of his office prior to the time such person qualifies as such School Superintendent, the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System for a term of office of one or more years com mencing on July 1, 1971. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. In case of a vacancy in the office of School Superintendent of the Barrow County School System for any reason, the Board of Educa tion of the Barrow County School System shall appoint a suc cessor School Superintendent for the unexpired term.

The governing authority of Barrow County is hereby author ized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Con stitution as now or hereafter amended, and said governing au thority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System.

The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County School System, the Board of Education thereof and the School Superintendent there of. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System.

The governing authorities of the City of Winder and of Bar row County and the Board of Education of the two school systems merged herein are hereby authorized and directed to execute such instruments and to perform such duties as are necessary to ef fectuate the provisions herein. The General Assembly shall be au thorized to provide by law appropriate provisions relative to existing contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder exist ing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Even though the existing independent school system of the City of Winder and the existing school district of the County of Barrow outside the cor porate limits of the City of Winder and their respective Boards of Education and School Superintendents shall cease to exist on July 1, 1971, the respective taxes levied for the support and maintenance of said systems for the remaining one-half of the calendar year 1971 shall be levied, collected and turned over to the Barrow County School System for its use in providing for a sys tem of education as provided herein. Notwithstanding the merged system and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and superin-

THURSDAY, FEBRUARY 12, 1970

1579

tendents until July 1, 1971; the General Assembly is hereby au thorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of mem bers of the Board of Education, appointment by said Board of the School Superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws au thorized pursuant thereto. The General Assembly is hereby au thorized to repeal, amend, modify or change any laws enacted pursuant to this amendment.

The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist notwith standing any other provisions of this Constitution or any general or special laws of the State of Georgia.

Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein provided and to support the same. Said school system may add thereto, main tain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add there to vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System.

The Board of Education of the Barrow County School Sys tem shall be authorized to meet on as many days as it may deemj necessary from June 15, 1971, until July 1, 1971, for the purposes of electing a Chairman of said Board, and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow County School System shall be called by the School Superintendent of the existing school district of the County of Barrow outside the corporate limits of the City of Winder."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section 1, Para graph 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 ( NO (

) Shall the Constitution be amended so as to create the Barrow County School System by merging the independent school system of the City of Winder
) and the county school system of Barrow County into one school district; to create a Board of Edu-

1580

JOURNAL OP THE HOUSE,

cation of said System and to provide for a School Superintendent of said System?"

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.

The following amendment was read and adopted:

Mr. Paris of the 14th moves to amend HR 730-1531 as follows:
By striking the second quoted paragraph of Section 1 in its entirety and inserting in lieu thereof a new second paragraph to read as follows:
"There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. AH members of said Board shall take office on the first day of Janu ary immediately following their selection, appointment or election to office, except the initial election which shall be conducted on the third Wednesday in March, 1971. The Auburn School Area member and the Bethlehem School Area member and two of the Winder School Area members shall serve for terms of office of one and one-half years each beginning July 1, 1971. The remaining two Winder School Area members, the County Line School Area member, the Holsenbeck School Area member and the Statham, School Area member shall each serve for terms of office of three and one-half years beginning July 1, 1971. All members shall serve until their successors are elected and qualified. In the event a member moves his residence from the area he represents, a va cancy shall exist in such area and shall be filled in the same man ner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or redefined so that such area does not include the residence of the member representing such area, such member shall nevertheless represent such area until the expiration of his term of office. At its first meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year there after the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a

THURSDAY, FEBRUARY 12, 1970

1581

Chairman in the subsquent year. A member shall be eligible to suc ceed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The General Assem bly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, appointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on
said Board."

By striking the word "January" from the first sentence of the fifth quoted paragraph of Section 1 and inserting in lieu thereof the word "July".

By adding a new sentence at the end of the seventh quoted para graph of Section 1 to read as follows:

"The Board of Education of the new Barrow County School system shall set the tax millage for the calendar year 1971."

By striking the ninth quoted paragraph of Section 1 in its entirety and inserting in lieu thereof a new ninth paragraph to read as follows:

"The governing authorities of the City of Winder and of Bar row County and the Board of Education of the two school sys tems merged herein are hereby authorized and directed to execute such instruments and to perform such duties as are necessary to effectuate the provisions herein. The General Assembly shall be authorized to provide by law appropriate provisions relative to existing contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder exist ing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Even though the existing independent school system of the City of Winder and the existing school district of the County of Barrow outside the cor porate limits of the City of Winder and their respective Boards of Education and School Superintendents shall cease to exist on July 1, 1971, the respective taxes levied for the support and main tenance of said systems for the remaining one-half of the calendar year 1971 shall be levied, collected and turned over to the Barrow County School System for its use in providing for a system of edu cation as provided herein. Fifty percent of the budget for the previous school year of the existing independent school system of Winder which is the 1970-71 budget shall be turned over to the new Barrow County School System on a monthly basis from July 1 until December 31, 1971. Notwithstanding the merged sys tem and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and super intendents until July 1, 1971; the General Assembly is hereby au thorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of members of the Board of Education, appointment by said Board

1582

JOURNAL OF THE HOUSE,

of the School Superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws authorized pursuant thereto. The General Assembly is here by authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment."

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

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

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Blalock Bohannon Bond Bostick Bo wen Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Conner Cooper D alley Daugherty Davis, E. T.

Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell

Hudson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Miles Milford Moate Moore Morris Mullinax Nessmith Northcutt Nunn
Paris Parker, C. A. Parker, H. W.

THURSDAY, FEBRUARY 12, 1970

1583

Peters Phillips, G. S. Phillips, L. L. Pinkston Potts Roach Ross Rush Russell Salem Scarborough

Shepherd Simkins Simmons Sims Smith, V. T. Sorrells Sweat Thomason Thompson, R. Toles Vaughn

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

Those voting in the negative were Messrs.:

Crowe

Snow

Those not voting were Messrs.:

Berry Black Brantley, H. H. Brooks Carnes Collier Cook Dean, J. E. DeLong Dodson Evans Ezzard Farmer Grahl Griffin Hale
Harris, R. W.

Holder Hood Hutchinson Keen Keyton Knapp Lee, W. S. Lewis Marcus Maxwell McCracken Merritt Miller Murphy Nash Odom Pafford

Patterson Peterson Phillips, W. R. Pickard Poole Rainey Reaves Rowland Scarlett Shanahan Sherman Smith, J. R. Thompson, A. W. Townsend Wamble Whaley Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 142, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 732-1535. By Mr. Collier of the 54th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses

1584

JOURNAL OF THE HOUSE,

in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VI, Section I of the Constitution is hereby amended by adding to the end thereof a new paragraph, to read as follows:

"Paragraph I. The governing authority of Lee County is here by authorized to license and regulate businesses and to levy license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission."

Section 2. The above proposed amendment to the Constitution 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 NO ( ) the governing authority of Lee County to regulate and license and levy license taxes upon businesses in the unincorporated area of said county?"

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.

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

Blalock Bohannon Bond Bostick
Bowen

THURSDAY, FEBRUARY 12, 1970

1585

Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Chandler Clarke Cole
Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Pallin
Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves

Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell Hudson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Miles Milford

Moate Moore Morris Mullinax
Nessmith Northcutt Nunn
Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Pinkston Potts Roach Ross Rush Russell Salem Scarborough Shepherd Simkins Simmons Sims Smith, V. T. Sorrells Sweat Thomason Thompson Toles Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those voting in the negative were Messrs. Crowe and Snow.

Those not voting were Messrs.:

Berry Black Brantley, H. H. Brooks, G. Carnes

Collier Cook Dean, J. E. DeLong Dodson

Evans Ezzard Farmer Grahl Griffin

1586
Hale Harris, R. W. Holder Hood Hutchinson Keen Keyton Knapp Lee, W. S. Lewis Marcus Maxwell

JOURNAL OF THE HOUSE,

McCracken Merritt Miller Murphy Nash Odom Pafford Patterson Peterson Phillips, W. R. Pickard Poole

Rainey Reaves Rowland Scarlett Shanahan Sherman Smith, J. R. Thompson, A. W. Townsend Wamble Whaley Mr. Speaker

On the adoption of the Resolution, the ayes were 142, nays 2.

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

HR 738-1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:
"1. There is hereby created in Albany, Dougherty County, Georgia, the Downtown Albany Development Authority, to be com posed of seven (7) members, four (4) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Downtown Albany Area as hereinafter defined, to be selected by the Downtown Merchants Association, one (1) member shall be the Mayor of the City of Albany by virtue of his office, (1) member shall be the Chairman of the Board of Commissioners of Dougherty County, Georgia, by virtue of his office, and there shall be one (1) member at large to be selected by the Downtown Merchants Association from merchants operating businesses within the Downtown Albany Area as hereinafter defined. The Mayor of the City of Albany and the Chairman of the Board of Com missioners of Dougherty County, Georgia, shall serve for the term of their offices. The member at large shall be elected for a term of

THURSDAY, FEBRUARY 12, 1970

1587

two (2) years. Two (2) of the downtown property owners shall be elected for a period of one (1) year and two (2) shall be elected for a period of two (2) years, and thereafter the terms of office for all of said downtown property owners shall be two (2) years.

2. The Downtown Albany Area shall consist of that area bound on the north by Flint Avenue, on the east by the Flint River, on the south by Oglethorpe Avenue and on the west by Jefferson Street. Said area shall include all properties abutting on the south side of Oglethorpe Avenue, abutting on the west side of Jefferson Street, and abutting on the north side of Flint Avenue.

3. The Downtown Albany Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible and intangible, and to do all things necessary to the accomplishment of its purposes.

4. The purpose of said Authority shall be the redevelopment of the Downtown Albany Area, and said Authority shall have the power to employ engineers and planners, to contract for the con struction, remodeling and altering of buildings, and to contract with the City of Albany for the construction, reconstruction, alter ing and changing and closing of streets and alleys.

5. The Authority shall have the power to create special tax districts within the Downtown Albany Area, and to levy and col lect taxes within said districts based on values fixed by the Tax Digest of the City of Albany, Georgia, to defray the costs of the foregoing.

6. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness.
7. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential and/or church purposes.
8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives."
Section 2. The above proposed amendment to the Constitution 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 provide for the establishment of a Downtown Albany De-

1588

JOURNAL OF THE HOUSE,

NO ( ) velopment Authority and to provide for the powers, duties, and responsibilities of said Authority?"

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.

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 Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Cates Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell

Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington
Harris, J. P.

Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell Hudson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin

THURSDAY, FEBRUARY 12, 1970

1589

McClatchey McDaniell Melton Miles Milford Moate Moore Morris Mullinax Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Peters

Phillips, G. S. Phillips, L. L. Pinkston Potts Roach Ross Rush Russell Salem Scarborough Shepherd Simkins Simmons Sims Smith, V. T. Sorrells

Sweat Thomason Thompson Toles Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams, W. M. Wilson Wood

Those voting in the negative were Messrs. Crowe and Snow.

Those not voting were Messrs.:

Berry Black Brantley, H. H. Brooks, G. Games Collier Cook Dean, J. E. DeLong
Dodson
Evans
Ezzard
Farmer
Grahl
Griffin
Hale
Harris, R. W.

Holder Hood Hutchinson Keen Keyton Knapp Lee, W. S. Lewis Marcus
Maxwell
McCracken
Merritt
Miller
Murphy
Nash
Odom
Pafford

Patterson Peterson Phillips, W. R. Pickard Poole Rainey Reaves Rowland Scarlett
Shanahan
Sherman
Smith, J. R.
Thompson
Townsend
Wamble
Whaley
Mr. Speaker

On the adoption of the Resolution, the ayes were 142, nays 2.

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

1590 Mr. Speaker:

JOURNAL OF THE HOUSE,

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

HB 1315. By Mr. Sorrells of the 24th:
A Bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the Board are elected; and for other purposes.

HB 1316. By Mr. Sorrells of the 24th:
A Bill to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.

HB 1317. By Mr. Sorrells of the 24th:
A Bill to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not exceed $1,200 per year; and for other purposes.

HB 1328. By Messrs. Fallin and Bostick of the 63rd:
A Bill to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1360. By Messrs. Dorminy and Hudson of the 48th:
A Bill to amend an Act amending and revising the Charter of the City of Fitzgerald and entitled, "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, and the several Acts amendatory thereof"; and for other purposes.

HB 1366. By Messrs. Caldwell and Smith of the 39th:
A Bill to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board.
HB 1367. By Messrs. Caldwell and Smith of the 39th: A Bill to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and council of said city are au thorized to provide by ordinance for the levy of ad valorem taxes on

THURSDAY, FEBRUARY 12, 1970

1591

all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

HB 1368. By Messrs. Caldwell and Smith of the 39th:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.

HB 1399. By Mr. Douglas of the 42nd:
A Bill to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy sheriff of Johnson County; and for other purposes.

HB 1400. By Mr. Phillips of the 50th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners, so as to change the compensation of the clerk of the Board of Commissioners; and for other purposes.

HB 1407. By Mr. Jones of the 59th:
A Bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the Clerk; and for other purposes.

HB 1408. By Mr. Jones of the 59th:
A Bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the Solicitor of said Court; and for other purposes.

HB 1409. By Mr. Jones of the 59th:
A Bill to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; and for other purposes.

HB 1417. By Messrs. Snow and Crowe of the 1st:
A Bill to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; and for other purposes.

1592

JOURNAL OF THE HOUSE,

HB 1419. By Messrs. Black and Edwards of the 45th:
A Bill to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee basis, so as to change the compensation of the sheriff; and for other purposes.

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A Bill to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to provide that each member shall be elected by the qualified voters of the whole county; and for other purposes.

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A Bill to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and for other purposes.

HB 1435. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of said City; and for other purposes.

HB 1443. By Messrs. Wilson, McDaniell, Henderson, Atherton, Housley, Kreeger and Burruss of the 117th:
A Bill to amend an Act creating the Cobb County Judicial Circuit, so as to change the maximum compensation which may be paid to as sistant district attorneys; and for other purposes.

HB 1449. By Messrs. Russell and Keyton of the 70th:
A Bill to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system, so as to change the compensation of the sheriff; and for other purposes.

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to amend an Act creating a new charter and municipal govern ment for the City of Rome, so as to provide that the City general elec tions be held on the Tuesday next following the first Monday in No vember in the year next preceding the expiration of the term; and for other purposes.

HB 1306. By Mr. Peters of the 2nd: A Bill to amend an Act protecting the public health by providing for

THURSDAY, FEBRUARY 12, 1970

1593

premarital examinations for syphillis, so as to provide that in counties with populations of not less than 21,000 nor more than 21,900, such premarital examinations shall be conducted only by designated em ployees of the county health department; and for other purposes.

SB 466. By Senator Smith of the 18th:
A Bill to amend an Act creating a Board of Commissioners of Houston County, etc., so as to abolish residency requirements for the election of members to the board; to renumber positions on the board; and for other purposes.

SB 478. By Senator Holloway of the 12th:
A Bill to amend an Act requiring the State Revenue Commissioner to examine the tax digests of several counties so as to require the State Revenue Commissioner to compare the valuation of various classes of property, and to reject the digests of whose found not to be uniform; and for other purposes.

SB 483. By Senator Spinks of the 9th:
A Bill to amend Code Section 92-6912, relating to arbitration, as amended, so as to delete therefrom the provisions providing for an ap peal of the arbitrators' decision to the superior court of the county in which the land lies by either the taxpayer or the board of tax assessors; and for other purposes.

SB 485. By Senator Vann of the 10th:
A Bill to provide for the election of the members of the Board of Edu cation of Mitchell County; to provide for education districts; to repeal conflicting Jaws; and for other purposes.

SB 486. By Senator Vann of the 10th:
A Bill to provide that the Mitchell County Superintendent shall be ap pointed by the Mitchell County Board of Education upon'the termina tion of the present term of office of the present Mitchell County School Superintendent; and for other purposes.

SB 488. By Senators Spinks of the 9th, and McGill of the 43rd:
A Bill to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; and for other purposes.

1594

JOURNAL OF THE HOUSE,

SB 489. By Senator Holley of the 22nd:
A Bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common car rier corporations, etc., managing or operating radio common carrier systems; and for other purposes.

SB 490. By Senators Johnson of the 38th, Coggin of the 35th, Hardy of the 56th, and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

SB 354. By Senator Johnson of the 38th:
A Bill to authorize certain guardians to obtain policies of life insurance on the lives of their wards; to repeal certain laws; and for other purposes.

SB 451. By Senator Eldridge of the 7th:
A Bill to amend Code Section 109A-9-307, as amended, so as to provide that a tobacco warehouse commission merchant who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods; to repeal conflicting laws; and for other purposes.

SB 482. By Senators Chapman of the 32nd, and Rowan of the 8th:
A Bill to provide for the necessary consent for the treatment of minors for drug abuse; to provide a certain definition; and for other purposes.

HB 1401. 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 couneilmen; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House and Senate, to-wit:

HR 746. By Mr. Housley of the 117th:
A Resolution commending the Lockheed Georgia Company; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1595

HR 643-1800. By Mr. Grahl of the 40th:
A Resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Library of the Superior Court of Peach County; and for other purposes.

HR 521-1072. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th and others:
A Resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; and for other purposes.

SR 249. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th, and others:
A Resolution relative to Callaway Gardens; and for other purposes.

SR 250. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th, and others: A Resolution requesting the Georgia Historical Commission to render assistance and advice in the development of Westville as a tourist at traction; and for other purposes.
SR 251. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th, and others: A Resolution relative to Providence Canyons; and for other purposes.
SR 252. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th, and others: A Resolution endorsing the Agricultural Museum project in Tift County; and for other purposes.

SR 265. By Senators London of the 50th, Young of the 13th, Rowan of the 8th, and others:
A Resolution urging changes relative to Social Security Benefits; and for other purposes.

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

SB 422. By Senators Smith of the 18th and Plunkett of the 30th: A Bill to provide an alternative method cumulative to existing methods

1596

JOURNAL OF THE HOUSE,

for extending municipal boundaries of municipalities having a popula tion of 5,000 or more persons etc.; and for other purposes.

SB 469. By Senator Smith of the 18th:
A Bill to amend an Act changing the manner and method of electing members of the board of education of Houston County, as amended, so as to abolish education districts; and for other purposes.

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

SR 249. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A Resolution relative to Callaway Gardens; and for other purposes.
Referred to the Committee on Industry.

SR 250. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A Resolution requesting the Georgia Historical Commission to render assistance and advice in the development of Westville as a tourist at traction; and for other purposes.
Referred to the Committee on Industry.

SR 251. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A Resolution relative to Providence Canyons; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 252. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A Resolution endorsing the Agricultural Museum project in Tift County; and for other purposes.
Referred to the Committee on Agriculture.
SR 265. By Senators London of the 50th, Young of the 13th, Rowan of the 8th, and others:
A Resolution urging changes relative to Social Security Benefits; and for other purposes.
Referred to the Committee on Insurance.

THURSDAY, FEBRUARY 12, 1970

1597

SB 354. By Senator Johnson of the 38th:
A Bill to be entitled an Act to authorize certain guardians to obtain poli cies of life insurance on the lives of their wards; and for other purposes.
Referred to the Committee on Insurance.

SB 422. By Senators Smith of the 18th and Plunkett of the 30th:
A Bill to be entitled an Act to provide an alternative method cumulative to existing methods for extending municipal boundaries of municipalities having a population of 5,000 or more persons; and for other purposes.
Referred to the Committee on Judiciary.

SB 451. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend Code Section 109A-9-307, so as to provide that a tobacco warehouse commission merchant who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods; and for other purposes.
Referred to the Committee on Agriculture.

SB 466. By Senator Smith of the 18th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Houston County, so as to abolish residence requirements for the election of members of the board; and for other purposes.
Referred to the Committee on Local Affairs.
SB 469. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act changing the manner and method of electing members of the board of education of Houston County, so as to abolish education districts; and for other purposes.
Referred to the Committee on Local Affairs.

SB 478. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act requiring the State Revenue Commissioner to examine the tax digest of several counties so as to require the State Revenue Commissioner to compare the valua tion of various classes of property, and to reject the digests of those found not to be uniform; and for other purposes.
Referred to the Committee on Ways and Means.

1598

JOURNAL OF THE HOUSE,

SB 482. By Senators Chapman of the 32nd and Rowan of the 8th:
A Bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treatment of minors for drug abuse; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 483. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend Code Section 92-6912, relating to arbitration, so as to delete therefrom the provisions providing for an appeal of the arbitrators' decision to the superior court of the county in which the land lies by either the taxpayer or the board of tax assessors; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 485. By Senator Vann of the 10th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Mitchell County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 486. By Senator Vann of the 10th:
A Bill to be entitled an Act to provide that the Mitchell County School Superintendent shall be appointed by the Mitchell County Board of Education upon the termination of the present term of office of the present Mitchell County School Superintendent; and for other purposes.
Referred to the Committee on Local Affairs.

SB 488. By Senators Spinks of the 9th and McGill of the 43rd:
A Bill to be entitled an Act to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain condi tions; and for other purposes.
Referred to the Committee on Agriculture.

SB 489. By Senator Holley of the 22nd:
A Bill to be entitled an Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to au thorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, etc., managing or oper ating radio common carrier systems; and for other purposes.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 12, 1970

1599

SB 490. By Senators Johnson of the 38th, Coggin of the 35th, Hardy of the 56th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, empowering and authorizing the City of At lanta to sell to DeKalb County certain property; and for other purposes.
Referred to the Committee on Local Affairs.

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, February 12, 1970, and submits the following:

HR 38- 68. State Board of Education, add five members (Tabled).

HR 39- 68. Official State Bird.

HB

177. Superintendent of Schools, compensation.

HB

348. Driver's licenses, revocation, suspension.

HB

349. Motor vehicles, driver's examination (Reconsidered).

HB

867. Courts, organization, jurisdiction.

HB 1023. Servicemen's wives, State employment.

HB 1030. Juvenile Court Laws, revise.

HB 1032. Athletic admission tickets, selling price.

HB 1033. State Arborist Board (Reconsidered).

HB 1090. State Division of Conservation.

HB 1091. Dealers in junk, metal, copper, etc.

HB 1117. Police officer, murdered, reward if convicted.

HR 555-1121. Local control of Public Education.

HB 1155. Legislators and officials, Code of Ethics.

HB 1156. Georgia Securities Act, define security.

HB 1182. Peace Officers' Annuity and Benefit Fund.

HB 1196. Revenue Bonds, limit interest rate.

HB 1197. Hospital Authority Certificates, limit interest rate.

HB 1198. Loans, $100 or more, interest rates.

HB 1207. Assigned Judges, Judicial Circuit.

HB 1244. Fluoridation, potable public water supplies.

1600

JOURNAL OF THE HOUSE,

HB 1251. Georgia Insurers Insolvency Pool. HB 1304. Elections, primaries, conduct (Postponed). HB 1318. Counties and Cities, Excise Taxes. HB 1323. Sales tax, sales to State, City. HR 658-1345. Local Boards of Education, tax. HB 1348. Minimum Foundation Program, property tax digest.

HB 1356. Drugs, use of. HB 1359. Judicial Circuits, Assistant District Attorney.

HR 663-1368. Regional Metro Council. HB 1370. Net Income, Taxation. HB 1405. Custody Cases, Select Parent. HB 1421. Military forces, Adjutant General. HB 1451. Criminal cases, orders, appealable. HB 1454. Board of Funeral Service, license. HB 1456. Auto Property Tax Return. HB 1464. Bank examination; operating cost.

HR 707-1471. Property, Multiple Owners, Home, Exempt.

HB 1490. Practice medicine, licenses.

HR 722-1493. Motor Vehicle, Ad Valorem Taxes, Religious Groups.

HB 1504. Securities laws, sales, examinations.

HB 1509. State Patrol, State Property, Arrests.

HB 1515. Agriculture Commission, promotion.

HB 1521. Counties, Taxes, Ambulance Service.

HB 1523. Fulton-DeKalb, Urban Transit System.

HB 1525. Legislative Branch, Employees, Merit System.

HB 1561. Constitution Amendment, Public Board, Create.

HR 694-1436. State Bird, Brown Thrasher (Reconsidered).

SB

86. Eminent domain, draw 75% of awards.

SR

218. Highway Laws Study Committee.

SB

333. Southwestern State Hospital, change name.

SB

380. Area Planning, Housing Development.

SB

381. Urban Redevelopment, acquire, plan, dispose.

THURSDAY, FEBRUARY 12, 1970

1601

ALL COMPENSATION RESOLUTIONS

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, Chairman.

Mr. Cole of the 3rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A Bill to be entitled an Act to provide that standards for certain fac tory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, housing prototypes, subsystems, materials and components for any county or municipality of this State; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Barfield Bell Bennett Black Bohannon Bowen Brantley, H. H. Gates Clarke Cole Collins, M. Dailey Davis, W. Dickinson

Douglas Edwards Ellis
Floyd, J. H. Gaynor Graves Harris, J. F. Harrison Higginbotham Hudson Jordan, G. Knowles Lambert Lane, Dick Leonard Lowrey
Matthews, D. R.

Maxwell Milford Miller Morris Nunn Parker, C. A. Phillips, L. L. Poole Roach Rush Scarborough Simmons Smith, V. T. Snow Westlake Wheeler, Bobby Wilkerson

Those voting in the negative were Messrs.:

Alexander Ballard

Bray Brooks

Brown, B. D. Brown, C.

1602
Busbee Carnes Collins, S. Colwell Conger Crowe Daugherty Davis, E. T. Dean, N. Egan Ezzard Farrar Felton Geisinger Griffin
Hamilton
Harris, J. R.

JOURNAL OF THE HOUSE,

Hawes Hill, B. L. Horton Howell Joiner Jones, C. M. Jones, M. Kreeger Levitas Longino Marcus Mason Matthews, C. Mauldin McClatchey
Merritt
Moate

Murphy Paris Phillips, G. S. Phillips, W. R. Reaves Shanahan Sherman Sorrells Thomason Thompson, A. W. Thompson, R.
Townsend Whaley Wheeler Wilson

Those not voting were Messrs.:

Barber Battle Berry Blalock Bond Bostick Brantley, H. L.
Buck Burruss Caldwell Chandler Collier Connell Conner Cook Cooper Dean, J. E. DeLong Dent Dixon Dodson Dorminy Evans Fallin Farmer Floyd, L. R. Funk Gary Gignilliat Grahl

Gunter Hadaway Hale Hargrett Harrington Harris, R. W. Henderson Hill, G. Holder Hood Housley Hutchinson Johnson Jones, Herb Jordan, H. S. Keen Keyton Knapp Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Lewis McCracken McDaniell Melton Miles Moore Mullinax Nash Nessmith

On the motion the ayes were 52, nays 55.

Northcutt Odom Pafford Parker, H. W. Patterson Peterson Pickard Pinkston Potts Rainey Ross Rowland Russell Salem Scarlett Shepherd Simkins Sims Smith, J. R. Sweat Toles Vaughn Wamble Ware Winkles Williams Wood Mr. Speaker

THURSDAY, FEBRUARY 12, 1970

1603

The motion was lost.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Ways and Means and referred to the Committee on Judiciary:

SB 470. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Title 22, relating to cor porations, so as to amend Part 1 thereof by deleting the requirement that a corporation shall accompany a notice from the State Revenue Commissioner that the corporation has met the requirements concerning reports and taxes; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Special 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.

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 596-1210. By Mr. Johnson of the 29th:
A Resolution compensating Mrs. Annette Harrison; and for other pur poses.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 596-1210 by changing the figure $110.05 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $106.45.

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 142, nays 0.

1604

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 563-1147. By Mr. Harris of the 10th: A Resolution compensating Mr. A. M. Cagle; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 563-1147 by changing the figure $341.50 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $300.00.

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 711-1475. By Mr. Cole of the 3rd: A Resolution compensating Mr. Bob Johnston; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 711-1475 by changing the figure $575.00 as it appears in the last paragraph of said Resolution to the figure $246.09.

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

THURSDAY, FEBRUARY 12, 1970

1605

HR 520-1044. By Messrs. Crowe, Snow and Hale of the 1st: A Resolution compensating Mr. Charles J. Strain; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 520-1044 by changing the figure $2,651.98 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $2,100.00.

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 645-1310. By Mr. Westlake of the 75th: A Resolution compensating Mr. T. L. Phillips; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 645-1310 by changing the figure $81.32 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $80.07.

The report of the Committee, which was favorable to the adoption of the Hesolution, as amended, was agreed to.

On the adoption of the Resolution, as amended, the ayes were 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 562-1147. By Mr. Harris of the 10th:
A Resolution compensating Mr. Robert Ayles and Miss Robbin Ayles; and for other purposes.

1606

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 562-1147 by changing the figure $4,530.44 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $252.25.

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 299-866. By Mr. Pafford of the 64th: A Resolution compensating Mr. Willis Holloway; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 299-866 by changing the figure $16,000.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $314.00.

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 564-1147. By Mr. Rush of the 51st: A Resolution compensating Mrs. Mary E. Carter; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 564-1147 by striking from line 19 the following:

THURSDAY, FEBRUARY 12, 1970

1607

"involving the payment of medical expenses" and substituting in lieu thereof the following:

"resulting in loss of earnings".

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 541-1090. By Mr. Salem of the 51st: A Resolution compensating Mr. Jimmy W. Hall; 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 142, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 550-1121. By Mr. Paris of the 14th: A Resolution compensating Mr. Boyd Garner; 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 142, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 554-1121. By Messrs. Rush and Salem of the 51st: A Resolution compensating Tattnall County; and for other purposes.

1608

JOURNAL OF THE HOUSE,

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

On the adoption of the Resolution, the ayes were 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 565-1158. By Messrs. Williams and Cooper of the llth:
A Resolution compensating Mr. George Frank Cash; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 579-1173. By Mr. Brown of the 32nd:
A Resolution compensating Hensley Office Equipment Company; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 633-1264. By Mr. Ballard of the 23rd:
A Resolution compensating Mr. William P. Robertson; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1609

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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 636-1288. By Messrs. Colwell of the 5th, Paris of the 14th, Poole of the 10th, Black of the 45th and many others:
A Resolution compensating Honorable Howard Simmons; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 661-1346. By Mr. Lowrey of the 9th: A Resolution compensating Mr. V. S. Nations; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 674-1416. By Mr. Colwell of the 5th:
A Resolution compensating Mr. James R. Ledford; and for other pur poses.

1610

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 ayes were 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 681-1426. By Mr. Gunter of the 6th:
A Resolution compensating Mr. Everett F. Kitchen; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 693-1436. By Mr. Bohannon of the 20th: A Resolution compensating Hubert You; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 697-1450. By Mr. Graves of the 9th: A Resolution compensating Mr. Bill Pullen; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, FEBRUARY 12, 1970

1611

On the adoption of the Resolution, the ayes were 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 700-1453. By Mr. Toles of the 9th:
A Resolution compensating Mr. Walter A. Collins; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 702-1453. By Mr. Toles of the 9th: A Resolution compensating Mr. Henry Akins; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 705-1460. By Mr. Graves of the 9th:
A Resolution compensating Mrs. Martha C. Owens; and for other pur poses.

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

1612

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 724-1509. By Mr. Games of the 104th: A Resolution compensating Mr. Warren Presley; 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 142, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Murphy of the 19th requested that, pursuant to House Rule 138, the following Bill of the House be placed on the General Calendar for the purpose of considering the unfavorable report of the Committee on Ways and Means thereto:

HB 1106. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act"; so as to change the rate of tax imposed under said Act; and for other purposes.

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 1464. By Mr. Longino of the 98th:
A Bill to be entitled an Act to amend Code Section 13-405, relating to the fees to cover the cost of examinations of banks, as amended, so as to increase the fees in order to support the cost of operation of the Department of Banking; and for other purposes.

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

THURSDAY, FEBRUARY 12, 1970

1613

On the passage of the Bill, the ayes were 109, nays 0.

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

By unanimous consent, HB 1464 was ordered immediately transmitted to the Senate.

HB 1504. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Georgia Laws 1957, pages 134, 150, as amended, known as the Georgia Securities Law, so as to pro vide that the exemption regarding sales to not more than twenty-five persons shall be on a cumulative twelve months basis; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Georgia Laws 1957 pages 134, 150 as amended known as the Georgia Securities Law (Georgia Code 1933, Title 97) "Securities" as amended by Georgia Laws 1963, Pages 557, 560, by amending section 6 subsection (j) defining "Exempt Trans actions" by adding thereto a sentence so as to provide that the exemp tion regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve months basis, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by the authority of the same:
Section 1. That Georgia Laws 1957, pages 134-150 as amended by Georgia Laws 1963, page 560, and known as the Georgia Securities Law (Georgia Code 1933, Chapter 97) as amended be further amended by amending Section 6, Subsection (j) as stated in Georgia Laws 1963 at page 560 by adding a sentence at the end of such subsection which shall read as follows: "Even though other requests under this sub section have been approved involving the same class of securities within the preceding twelve months, the commissioner shall approve such additional request under this subsection if he finds that the other requirements herein stated have been met, provided he determines that the total requests under this subsection within the immediately previous twelve month period, including the current request, shall have involved sales pursuant to offers directed to a number not in excess of 25 persons.", so that said subsection (j), after it has been so amended, will read as follows:
(j) The sale of securities by or on behalf of an issuer, when

1614

JOURNAL OF THE HOUSE,

no commission or other remuneration is paid or given for or in connection with such sale, pursuant to offers directed to not in ex cess of 25 persons, not including sales to persons named in any other subsection of this section which are otherwise exempt: Pro vided, however, that such securities are purchased for investment
and not for distribution and that no other request submitted under this subsection shall have been approved involving the same class of such securities within the preceding 12 months. An issuer of securities desiring to obtain an exemption of a sale under this subsection shall make a written request to the commissioner that such sale be exempted and shall accompany said request with an affidavit from each proposed purchaser bearing his signature and stating that he intends to buy _-_....---- (number of shares) shares of _.______ (type of stock) from _______ (name of issuer) at the price of ___...._..__ per share and that he intends to purchase the said securities for investment purposes, and does not intend to resell the same for 12 months. The commissioner is authorized to require from said issuer and affiant such additional information as he deems necessary relative to such securities and the sale thereof. If the commissioner determines that said request and affidavit are submitted in good faith and that the same are in proper form, he shall approve said request in writing, which approval shall be a condition precedent to the exemption of a sale of such securities under this subsection. Even though other re quests under this subsection have been approved involving the same class of securities within the preceding 12 months, the com|missioner shall approve such additional request under this sub section if he finds that the other requirements herein stated have been met, provided he determines that the total requests under this subsection within the immediately previous twelve month period, including the current request, shall have involved sales pursuant to offers directed to a number not in excess of 25 per sons."

Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same 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 106, nays 0.

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

By unanimous consent, HB 1504, by substitute, 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.

THURSDAY, FEBRUARY 12, 1970

1615

HB 1304. By Messrs. 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 relating to elections, as amended, so as to place the conduct of primaries under the supervision of the ordinaries; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to place the conduct of pri maries under the supervision of the ordinaries; to provide for the pay ment of the costs of primaries; to provide for the assessment, publi cation, payment, disposition and allocation of qualifying fees required of candidates in primaries and elections; to provide that the Secre tary of State certify candidates to ordinaries in primaries; to provide that the Secretary of State furnish all forms needed for primaries and elections except ballots and ballot labels; to provide that returns of primaries be made to the Secretary of State and preserved by him at least a year; to provide that the ordinary procure ballots and supplies, appoint poll officers, make rules and regulations, instruct poll officers, receive, compute, and canvass returns, announce results, and file returns of primaries; to provide that the ordinary may be relieved of responsibility for conducting the primary or election if he is a candidate; to provide that political parties may submit lists of qualified election workers to the superintendent and that the superin tendent shall insofar as practicable make appointments so as to pro vide equal representation for political parties in primaries and elections; to remove rule making power over primaries from committees of po litical parties; to remove supersedure power of state party executive committees over county executive committees in relation to conduct of primary, and to give such supersedure power to state committees relative to all other party matters; to provide the methods of qualify ing for party primaries and for general elections; to provide that nomi nations of political parties for all public offices except substitute nomi nations or office of presidential elector shall be made in the primary preceding the general election in which candidates run; to provide that the ordinary shall conduct the primary in the same manner and ac cording to the provisions of the Code relating to general elections; to provide for certification of political party candidates to the ordinary or Secretary of State and for disposition of fees paid by such candi dates; to provide that political body candidates qualifying by petition must also be nominated by political body convention; to provide that all other petition candidates be listed on ballot in the independent column; to provide that political parties may nominate presidential electors by convention; to provide the form for absentee ballots; to provide that the office of board of registrars remain open during the entire duration of the primary or election; to provide for the disposi tion of consolidated returns of primaries and elections; to provide for certificates of election, commissions of election, and proclamations of results of constitutional amendments; to provide all of the necessary

1616

JOURNAL OF THE HOUSE,

procedures connected with the foregoing; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by striking in its entirety subsection (ac) of Section 34-103, relating to the definition of certain terms, and sub stituting in lieu thereof the following:

"(ac) The word 'superintendent' shall mean the ordinary of a county;".

Section 2. Said Title is further amended by striking subsection (d), (e) and (f) of Section 34-301, relating to the powers and duties of the Secretary of State, and substituting in lieu thereof the following:

"(d) To certify to the proper ordinaries official lists of all the political party candidates who have been certified to the Secre tary of State as qualified candidates for the succeeding primary, and to certify to the proper ordinaries official lists of all the candi dates who have filed their notices of candidacy with him, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election;

(e) To furnish to the proper ordinaries all blank forms, in cluding tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, district returns, consolidated returns, oaths of man agers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instructions sheets for absentee ballots, and such other supplies as he shall deem necessary and advisable from time to time, for use in all elections and primaries. Such forms shall have printed thereon appropriate instructions for their use;
(f) To receive from the ordinaries the returns of primaries and elections, to canvass and compute the votes cast for candidates and upon questions as required by the provisions of this Code;".
Section 3. Said Title is further amended by inserting between the words "All" and "election", as they appear in Code Section 34-303, re lating to the preservation of records, the following:
"primary and".
Section 4. Said Title is further amended by striking from Code

THURSDAY, FEBRUARY 12, 1970

1617

Section 34-401, relating to powers and duties of ordinaries, subsections (e), (f), (g), (h), (i) and (j) and substituting in lieu thereof the following:

"(e) To purchase, except voting machines and voting record ers, preserve, store and maintain election equipment of all kinds, including voting booths and ballot boxes, and to procure ballots and all other supplies for primaries and elections;

(f) To appoint poll officers and other officers to serve in pri maries and elections in accordance with the provisions of this Code;
(g) To make and issue such rules, regulations and instruc tions, consistent with law (including the rules and regulations pro mulgated by the State Election Board), as he may deem necessary for the guidance of poll officers, custodians and electors in pri-i maries and elections;

(h) To instruct poll officers and others in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several election districts of his county to the end that pri maries and elections may be honestly, efficiently and uniformly conducted;
(i) To receive from poll officers the returns of all primaries and elections, to canvass and compute the same, and to certify as soon as practicable following the primary and election the re sults thereof to such authorities as may be prescribed by law;

(j) To publicly announce by posting in his office the results of all primaries and elections held in his county;".

Section 5. Said Title is further amended by inserting between the words "of" and "elections", wherever they shall appear, in Code Section 34-402, relating to the payment of the expenses incurred by ordinaries, the words "primaries and" and by inserting between the words "other"' and "elections" the words "primaries and".

Section 6. Said Title is further amended by inserting in Code Section 34-403, relating to the public inspection of certain records, between the words "the" and "election" the following:

"primary and".

Section 7. Said Title is further amended by inserting in Code Sec tion 34-404, relating to the preservation of records, between the words "All" and "election" the following:
"primary and".
Section 8. Said Title is further amended by adding at the end of

1618

JOURNAL OF THE HOUSE,

Code Chapter 34-4, relating to ordinaries, a new Code Section 34-405 and to read as follows:

"Section 34-405. In the event an ordinary is a candidate for any public office in a primary or election, he may, within seven days after the date for the closing of qualifications for the particu lar primary or election, request the State Election Board to appoint a substitute superintendent to serve in his place in said primary or election. Upon receiving such a request from any ordinary, in consultation with the political parties or bodies and independent candidates involved in such an election or primary, the State Elec tion Board shall appoint a qualified individual to act as the superin tendent in such primary or election. The State Election Board, in selecting the substitute superintendent, shall give first consideration to the qualified electors of the county involved."

Section 9. Said Title is further amended by striking in its entirety Code Section 34-501, relating to managers of election districts, and sub stituting in lieu thereof the following:

"Section 34-501. Managers. All elections and primaries shall be conducted in each election district by a board consisting of a chief manager, who shall be chairman of such board, and two assis tant managers, assisted by clerks, as hereinafter provided. The managers of each election district shall be appointed by the super intendent. If the political parties involved elect to do so, they may submit to the superintendent, for his consideration in making such appointment, a list of qualified persons. When such lists are sub mitted to him, the superintendent, insofar as practicable, shall make his appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent shall make each appointment by entering an order which shall remain of record in his office, and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his title, and a designation of the election district and primary or election in which he is to serve."

Section 10. Said Title is further amended by striking from sub sections (b) and (c) of Code Section 34-902, relating to the rules and regulations of political parties, the following:

"primaries,".

Section 11. Said Title is further amended by striking in its en tirety Code Section 34-903, relating to the supersedure power of State executive committees, and substituting in lieu thereof the following:

"Section 34-903. Supersedure power of State executive com mittee; notice; hearing; order.-- (a) When the State executive committee of a political party has reason to believe that the orders, rules or regulations of the State executive committee, relating to all party matters except the conduct of primaries, are not being,

THURSDAY, FEBRUARY 12, 1970

1619

or will not be, fairly, impartially or properly enforced or applied in any county, by the county executive committee of the party in such county, then the State executive committee shall issue to such coun ty committee a written notice of opportunity for hearing.

(b) A notice of opportunity for hearing shall state the sub stance of the order which the State committee proposes to issue under subsection (e) hereof and advise such county committee of its right to a hearing upon request to the State committee if such request is received by it within the time specified in the notice.

(c) Whenever such county committee requests a hearing in accordance with the provisions of this Section, the State committee shall immediately set a date, time and place for such hearing and shall forthwith notify the county committee thereof.

(d) A stenographic record of the testimony and other evi dence submitted at the hearing shall be taken and filed with the State committee. Each witness appearing at the hearing shall be sworn prior to testifying.

(e) If the State committee does not receive a timely request for hearing, or if a hearing is requested and conducted as provided in this Section and the State committee determines that all or any part of the proposed relief described in the notice of opportunity for hearing should be granted, then the State committee may issue an order, effective for a certain period: suspending and supersed ing all or any part of the powers and duties of the county commit tee and directing that the powers and duties which would have been exercised and performed by such county executive committee in those matters in which they have been suspended and superseded, shall be exercised and performed by the persons designated by the State executive committee, who may be residents of any county of this State, notwithstanding any other provision of this Code.

(f) The State executive committee may delegate its powers under the provisions of this Section to a subcommittee."

Section 12. Said Title is further amended by deleting in its entirety Code Section 34-904, relating to the investigation of fraud and irregulari ties by State executive committees in primaries.

Section 13. Said Title is further amended by striking in its en tirety Chapter 34-10, relating to the election of candidates, as amended, and substituting in lieu thereof a new Chapter 34-10, to read as follows:

"CHAPTER 34-10. NOMINATION OF CANDIDATES

A. General Election
Section 34-1001. Qualification of Candidates.--Candidates may qualify for an election as hereinafter prescribed by virtue of (1)

1620

JOURNAL OF THE HOUSE,
nomination in a primary conducted by a political party; (2) filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Section 34-1011; (3) nomination of presidential electors as prescribed by rules of political party; (4) substitute nomination of a political party or body as prescribed in Section 34-1003; (5) candidate in a special election as prescribed in Section 34-1002(c) ; or, (6) in cumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c).
Section 34-1002. Filing Notice of Candidacy.--(a) Only those candidates who have filed their notice of candidacy in the following manner and have paid the prescribed qualifying fee by the date hereinafter prescribed shall be eligible to have their names placed on the general election ballot by the ordinaries of the counties or the county election boards.
(b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least fortyfive days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespec tive of such five day period exceeding a qualification deadline hereinabove prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereinafter prescribed shall file his notice no later than 12:00 noon on the second Wednes day in June immediately prior to the election.
(c) Each candidate shall accompany his notice of candidacy with a nominating petition in the form hereafter prescribed; ex cept that such petition shall not be required if such candidate is: (i) a nominee of a poltical party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a pri mary; (iii) seeking office in a special election; or, (iv) an in cumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition.

THURSDAY, FEBRUARY 12, 1970

1621

(d) Each candidate described in Subsection (b) shall accom pany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office ad dress; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the county of his residence eligible to vote in the election in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; and (vii) that he will not
knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.

Section 34-1003. Substituted nominations by parties and bodies. -- Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the elec tors of more than one county, by reason of the death, disqualifica tion or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the State execu tive committee, or a subcommittee thereof appointed for the pur pose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the convention. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county execu tive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transac tion of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the con vention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State execu tive committee or a subcommittee thereof appointed for the pur
pose.

(b) Any vacancy happening in any party nomination (filled by primary) for a Federal, State or county office filled by the

1622

JOURNAL OF THE HOUSE,

vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit con tained within a single county, by reason of the death or with drawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county.

(c) Any vacancy happening in any party nomination (filled by means other than by 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.

(d) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the or dinary, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths.

B. Nomination of Party Candidates by Primaries
Section 34-1004. Primaries to be conducted only by political parties; conduct of primaries. -- Only a political party may elect its officials and nominate its candidates for public office in a pri mary. Except for substitute nominations as provided in Section 34-1003 and nomination of presidential electors, all nominees of a political party must be nominated in the primary preceding the general election in which the candidates names will be listed on the ballot. The primary held for such purpose shall be con ducted by the ordinary in the same manner as prescribed by law; and rules and regulations of the State Election Board and the ordinary for general elections. Primaries of all parties shall be! conducted jointly.

Section 34-1005. Qualification of candidates; time for open ing and closing qualifications; posting of lists of candidates by political parties; certification of political party candidates to or dinary and Secretary of State. -- (a) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be pro hibited from qualifying for such office who meets the requirements of such procedural rules and (i) who is eligible to hold the of fice which he seeks, (ii) who is not prohibited from being nomi nated 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:

THURSDAY, FEBRUARY 12, 1970

1623

'I do hereby swear or affirm my allegiance to the _________ (name of party) Party.'

(b) In the case of a general primary, the candidates shall commence qualifying not earlier than 135 days prior to the date of such primary 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 candidates shall qualify at least 15 days prior to the date of such primary.

(c) Within one hour after the qualifications have ceased, the county executive committee of each political party shall post
at the county courthouse a list of all candidates who have quali fied with such executive committee, and the State executive com mittee of each political party 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.

Section 34-1006. Certification of poltical party candidates to Ordinary or Secretary of State. -- At, or before noon, on the third Wednesday in June, the county executive committee of each po litical party shall certify to the Ordinary, and the State executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the suc ceeding general primary election. Such certification shall be ac companied by three-fourths of the qualifying fees paid by such candidates as prescribed in Section 34-1012. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Chapter 34-9.

Section 34-1007. Reopening of qualification in event of death of candidate. -- 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 quali fication for the office sought by the deceased candidate for a period of not less than one, nor more than three days.

Section 34-1008. Conduct of primary; Polling places and poll officers to be used. -- Primaries shall be held and conducted in all respects in accordance with the provisions of this Code relat ing to general elections and the provisions of this Code relating to general elections shall apply thereto, insofar as practicable, and not inconsistent with any other provisions of this Code. All such primaries shall be conducted in each election district by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections.

Section 34-1009. Primary expenses. -- The expenses of a primary shall be paid by the respective county, except that forms listed under Section 34-301 (e) shall be furnished upon request by the Secretary of State.

1624

JOURNAL OF THE HOUSE,

C. Nomination of Candidates by Petition

:

Section 34-1010. Nomination petitions, (a) Nominations of

candidates for public office may be made by nomination petitions

signed by electors and filed in the manner herein provided. Such

petitions shall be in the form prescribed by the officers with

whom they are filed, and no other forms than the ones so pre

scribed shall be used for such purposes.

(b) A nomination petition of a candidate shall be signed by a number of electors of not less than five percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking; except that in the case of a candidate seeking the office of judge of the superior court or solicitor general the five percent figure shall be computed only on the total number of such electors of the judicial circuit directly involved.

(c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the State entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving municipali ty, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except, any po litical body seeking to have the names of their candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political body shall compile their petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.
(d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resi dent in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, busi ness or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with num ber one at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) that the affiant is a duly qualified and registered elector of the State entitled to vote in the next election

THURSDAY, FEBRUARY 12, 1970

1625

for the filling of the office sought by the candidate supported by the petition; (ii) his residence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty days of the last day on which such petition may be filed; and, (v) that, to the best of the affiant's knowledge and belief, the signers are registered electors of the State qualified to sign the petition, that their re spective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit.
(e) No nomination petition shall be circulated prior to one hundred and eighty days before the last day on which such pe tition may be filed, and no signature shall be counted unless it was signed within one hundred and eighty days of the last day for filing the same.
(f) A nomination petition shall not be amended or supple mented after its presentation to the appropriate officer for filing.

(g) Only those candidates whose petitions are accompanied by a certificate sworn to by the chairman and secretary of a po litical body, (duly registered with the Secretary of State as re quired by Section 34-901) stating that the named candidate is the nominee of that political body by virtue of being nominated in a convention, as prescribed in Section 34-1012, shall be listed on the
ballot under the name of the political body. All petition candi dates not so designated as the nominee of a political body shall be listed on the ballot in the independent column.

Section 34-1011. Examination of nomination petitions; judi cial review. -- (a) When any nomination petition is presented in the office of the Secretary of State or of any ordinary for filing within the period limited by this Code, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be per mitted to be filed if: (i) it contains material errors or defects apparent on the face thereof; (ii) it contains material altera tions made after signing without the consent of the signers; or (iii) it does not contain a sufficient number of signatures as re quired by law. The Secretary of State or any ordinary may ques tion the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon, and if he shall thereupon find that any such signature is im proper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition re mains after eliminating such invalid sheet.

(b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to determine if it complies with the law. During such exarnina-

1626

JOURNAL OF THE HOUSE,

tion the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accom panying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the officer may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the officer, shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appro priate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate.
(c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of man damus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hear ing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his decision, and to grant the nomination petition. Prom any de cision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot, if the court should so determine.

THURSDAY, FEBRUARY 12, 1970

1627

D. Nomination of Candidates by Convention

Section 34-1012. Nomination of candidates by convention, (a) Any political party desiring to nominate its presidential elec tors, and any political body desiring to nominate its candidates qualifying with petitions by convention shall, through its State Executive Committee, adopt rules and regulations in conformity with this Section governing the holding of such conventions for the nomination of candidates for any State, district or county office. Such rules and regulations shall be filed with the Secre tary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The State Party or) Body Chairman of such political party or body and its Secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the con vention method.

(b) The Secretary of State shall examine all such rules and regulations, and all amendments thereto, as shall be filed with him within 15 days after receipt thereof. If, in the opinion of the Secretary of State, any rule or regulation, or any part thereof, does not meet the requirements prescribed by this Section, he shall notify the State Party or Body Chairman and Secretary of such! party or body in writing, stating therein his reasons for rejecting such rule or regulation. If, in the judgment of the Secretary of State, such rules and regulations meet the requirements prescribed by this Section, they shall be approved.

(c) The Secretary of State shall not approve any such rules or regulations unless they provide:

(1) That a notice of the proposed date for the holding of any such convention must be published in a newspaper having a general circulation within the area to be affected at least 10 days prior to the date of any such convention. Such notice shall also state the purpose for which the convention has been called; and

(2) That delegates to the convention shall be certified pursuant to appropriate party or body rules by the proper party or body officials; and

(3) That delegates to the convention shall be apportioned in such manner as will properly reflect the number of electors residing within the political subdivisions or area affected in accordance with the last United States decennial census; or apportioned according to the number of votes received by the party's candidate for the office of President of the United States in the last presidential election in the areas concerned; or apportioned according to the number of votes received by

1628

JOURNAL OF THE HOUSE,

the party's candidate for the office of Governor of Georgia in the last gubernatorial election in the areas concerned; and

(4) In the event that more than one county is involved, each county shall have at least one delegate to the convention, and such additional delegates as shall be allotted thereto shall be apportioned according to the provisions of (3) above; and

(5) That a certified copy of the minutes of the con vention, attested to by the Chairman and Secretary of the convention, must be filed by the nominee with his notice of candidacy.

(d) Any candidate nominated by convention shall be required to pay to the person with whom he files his notice of candidacy the same qualifying fee as that required of other candidates for the same office.

(e) A convention for the purpose of nominating candidates shall be held at least 90 days prior to the date on which primaries are conducted.

(f) Nothing contained within this Section shall be construed so as to apply to the nomination of substitute candidates by con vention pursuant to the provision of Code Section 34-1003 or to the nomination of candidates in special elections.

E. General Provisions
Section 34-1013. Qualification fees; when and to whom paid; distribution of fees. -- (a) Qualification fees for party and pub lic offices shall be fixed and published as follows: (1) The gov erning authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least twenty days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be five percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall! be set by the county governing authority, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of Justice of the Peace shall be $10.00.

(2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee to be paid by each candi date qualifying for a primary with a state political party and each non-primary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be five percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable

THURSDAY, FEBRUARY 12, 1970

1629

fee shall be set by the Secretary of State, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year.

(3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1).
(b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the Ordinary or Secretary of State at the time the notice of candidacy is filed by the candidate.
(c) Qualifying fees shall be pro-rated and distributed as fol lows:
(1) Fees paid to the county political party: 25% to be retained by the county political party with which the candidate qualified; 75% to be transmitted to the Ordinary of the county with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general pri mary, and by noon of the day following the closing of qualifi cations in the case of a special primary. Such fees shall bej transmitted as soon as practicable by the Ordinary to the gov erning authority of the county, to be applied toward the cost of the primary and election.

(2) Fees paid to the state political party: 25% to be re tained by the state political party; 75% to be transmitted to the Secretary of State with the party's certified list of candi dates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day fol lowing the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the State Treasury, and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election.
(3) Qualification fees paid to the Ordinary of the county

1630

JOURNAL OF THE HOUSE,

shall be transmitted by the Ordinary as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election.
(4) Qualification fees paid to the Secretary of State shall be pro-rated and distributed as follows: 25% to be transmitted to the State Treasury; 75% to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties in volved in proportion to the vote cast by each county in the pre ceding presidential election.

Section 34-1014. Candidates prohibited from running in pri mary or election for more than one office listed.--No person shall be nominated, nor shall any person be a candidate in a primary, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, Commissioner of Labor, United States Senator, or Representative in Congress, Pub lic Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, Ordinary, Clerk of Superior Court, Tax Commissioner, Tax Collector, Sheriff, Judge of Superior Court, County Treasurer, County School Superintendent, Tax Receiver, and members of the Senate and House of Representatives of the Gen eral Assembly.
Section 34-1015. Candidate required to designate specific of fice sought in certain cases.--In the case of a candidate seeking one of two or more public offices, each having the same title and to be filled at the same election by the vote of the same electors, such candidate shall, when qualifying with his party in the case of a pri mary and when filing his notice of candidacy in the case of an election, designate the specific office he is seeking by naming its incumbent or by giving other appropriate designation. Such desig nation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, desig nating the same specific office."

Section 14. Said Title is further amended by striking from sub section (a) of Code Section 34-1102, relating to primary ballots, the word "by" and inserting in lieu thereof the word "for" and by striking in their entirety subsections (c) and (d), and substituting in lieu there of the following.

"(c) Immediately under the directions, the names of all candi dates, who have qualified with the party in accordance with the provisions of this Title and party rules and who have been certified to the ordinary or Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in

THURSDAY, FEBRUARY 12, 1970

1631

all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the num ber of candidates to be voted for.

(d) If at any primary a political party shall submit to its
members any matter or question to be voted upon, the party shall certify the wording of said question to the ordinary, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county, and the ordinary or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the word 'Yes' and 'No' together with appropriate squares to the left of each for the con venient insertion of a cross (x) or check (V) mark."

Section 15. Said Title is further amended by inserting in the Title of Code Section 34-1104, relating to the form of ballots, stubs and num bers, after the words "Form of ballots" the following:

"and absentee ballots"

and by inserting immediately before the first sentence thereof the following:
"(a)"

and by adding at the end thereof a new subsection (b) to read as fol lows:

"(b) The form for the absentee ballot shall be substantially the same form as the official ballots used in the election districts, except it shall be printed with only the name stub and without a number strip."

Section 16. Said Title is further amended by striking in its entirety subsection (f) of Code Section 34-1209, relating to the preparation and custody of voting machines and substituting in lieu thereof a new subsection (f) to read as follows:

"(f) In every primary or election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, of all which shall be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State."

Section 17. Said Title is further amended by striking in its en tirety the second paragraph of Code Section 34-1217, relating to the authorization for the use of voting recorders.

1632

JOURNAL OF THE HOUSE,

Section 18. Said Title is further amended by striking in its en tirety subsection (e) of Code Section 34-1225, relating to the prepara tion and custody of vote recorders and substituting in lieu thereof a new subsection (e) to read as follows:

"(e) In every primary or election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications, prescribed, from time to time, by the Secretary of State.

Section 19. Said Title is further amended by striking its entirety Code Section 34-1301, relating to instruction cards and supplies and substituting in lieu thereof the following:

"Section 34-1301. Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of Cards of Instruction for guidance of electors, such Cards of Instruction to include such portions of the Georgia Elec tion Code as deemed necessary by the Secretary of State and to be printed for the type voting used in the county, i.e., paper ballots, voting machines or vote recorders. The superintendent shall also ob tain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voter's certificates, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this Code, in each election district of the county."

Section 20. Said Title is further amended by striking the first sentence of Code Section 34-1302, relating to voter's certificates and substituting in lieu thereof the following:

"The Secretary of State shall prepare and furnish to the super intendent for each primary and election the required number of voter's certificates which shall be in substantially the following form:".

Section 21. Said Title is further amended by striking in their en tirety subsections (b) and (c) of Code Section 34-1302, relating to voter's certificates and substituting in lieu thereof the following:

" (b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder to be furnished by the Secretary of State, in sufficient quantities for each election district, for each primary or election. The binder shall have written thereon the words 'Voter's Certificates' and shall have a space for filling in the designation of the election district and the date of the primary or election."

Section 22. Said Title is further amended by striking the fifth sentence of subsection (b) of Code Section 34-1303, relating to the delivery of ballots and supplies to managers, which reads as follows:

THURSDAY, FEBRUARY 12, 1970

1633

"In a primary, where the parties do not agree to have only one set of managers for an election 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 im mediately preceding governor's election."

Section 23. Said Title is further amended by deleting from sub section (c) of Code Section 34-1308, relating to the duties and meeting of poll officers, the second sentence which reads as follows:

"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."

Section 24. Said Title is further amended by striking from subsec tion (a) of Code Section 34-1332, relating to the count and return of votes, the following phrase which appears in the second sentence there to:

"which may be found in the ballot or stub box shall be re turned to the proper election officials of the party for whom the ballots were issued.",

and substituting in lieu thereof the following:

"shall be returned to the ballot box for the party for which they were issued. In primaries separate tally and return sheets shall be prepared for each party, and separate poll officers shall be designated by the chief manager to count and tally each party's ballot."

Section 25. Said Title is further amended by striking from sub section (a) of Code Section 34-1326, relating to signing and disposi tion of returns, electors list and voter certificates, the following:

"in the case of elections, or the state party in the case of pri mary".

Section 26. Said Title is further amended by striking from sub section (a) of Code Section 34-1333, relating to the disposition of re turns and electors lists and voter certificates, the following:

"in the case of elections, or the state party in the case of primary".

Section 27. Said Title is further amended by inserting in the first sentence of subsection (a) of Code Section 34-1405, relating to the duties of superintendents and registrars, between the words "prepare" and "and", as they appear in the first sentence thereof, the following:
"or obtain".

1634

JOURNAL OF THE HOUSE,

Section 28. Said Title is further amended by striking in its en tirety Code Section 34-1501, relating to the office of superintendent, and substituting in lieu thereof the following:

"Section 34-1501. Office of Superintendent and county board of registrars to remain open during primaries and elections and until completion of count; reports and returns to be made public.-- Each superintendent and chairman of the county board of registrars shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him."

Section 29. Said Title is further amended by deleting from Code Section 34-1504, relating to the computation and certification of returns by superintendents, paragraph (iii) of subsection (d).

Section 30. Said Title is further amended by striking from Code Chapter 34-15, relating to the returns of primaries and elections, as amended, Code Sections 34-1507 through 34-1516 and substituting in lieu thereof the following:

"Section 34-1507.--Consolidated Certified Returns of Pri maries; returns forwarded to Secretary of State.--Each superin tendent shall prepare four copies of the consolidated return of the primary to be certified by the Superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed im mediately upon certification as follows: (1) one copy to be posted at the county courthouse for the information of the public; (2) one copy to be filed in the superintendent's office; (3) one copy to be forwarded to the Secretary of State, together with a copy of each election district return and a copy of the numbered list of voters of each election district, including the election district return and the numbered list of voters for absentee electors for each election district; and (4) one copy to be sealed and filed with the Clerk of the Superior Court as required by Section 34-1515.

"Section 34-1508. Consolidated Certified Returns of Elections; returns forwarded to Secretary of State.--Each superintendent shall prepare four copies of the consolidated return of the election to be certified by the Superintendent on forms furnished by the Secre tary of State, such consolidated returns to be filed immediately upon certification as follows: (1) one copy to be posted at the county courthouse for the information of the public; (2) one copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) one copy to be sealed and filed with the Clerk of the Superior Court as required by Section 341515; and (4) one copy to be returned as follows:

(a) In the case of election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, the returns shall be sealed up by the

THURSDAY, FEBRUARY 12, 1970

1635

superintendent separately from other returns and shall be trans mitted immediately to the Secretary of State;

(b) In the case of election of Federal and State officers, ex cept those officers named in (a) above, a separate return showing totals of the votes cast for each of such officers respectively, shall also be forwarded by the Ordinary to the Secretary of State on forms furnished by the Secretary of State.

(c) In the case of elections for any county officer, justice of the peace or other officer required by law to be commissioned by the Governor in any of the several counties of this State, it shall be the duty of the superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices.

(d) In the case of referendum elections provided for by an act of the General Assembly, the returns shall immediately be certi fied, by the authority holding such election, to the Secretary of State, along with the election district returns and numbered list of voters for each election district. In addition thereto, the official citation of the act involved and the purpose of such election shall/ be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications.

(e) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superin tendents, the Secretary of State shall forthwith proceed to canvass and tabulate the votes cast on such amendments, and certify the results to the Governor.

(f) In the case of election for Presidential Electors, a separate return shall be prepared by each Superintendent and certified im mediately to the Secretary of State.

Section 34-1509.--Constitutional Officers Election Board to tabulate and certify returns for Constitutional officers.

(a) On the Tuesday next following the general election, the Secretary of State shall transmit said returns to the Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. The Speaker of the House shall act as chairman of such Board. On said date, the chairman shall convene such Board at such time and place as he shall determine, after having given due notice thereof, to all mem bers of the Board and the candidates named herein. Each candi date shall be entitled to designate one person to be present at the opening of the returns. Such Board shall open and publish the returns of each such election. The person having the majority of the whole number of votes in each election shall be declared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Secretary of State.

1636

JOURNAL OP THE HOUSE,

(b) If it shall appear that any of the returns of the election for such offices shall not have been transmitted to the Secretary of State as provided by this Code at the time the Board convenes, the Chairman of the Board shall immediately notify the Chairman
of the State Election Board and inform him as to which returns have not been received. It shall be the duty of the chairman of the State Election Board to immediately convene the State Election Board for the purpose of completing such returns. The State Elec tion Board shall assume all the powers, duties and responsibilities of the superintendent of the delinquent county for the purpose of completing the count and tabulation of the votes cast in such county for such offices. It shall be the duty of the superintendent, poll officers and other election officials in such county to render to the State Election Board all such assistance and cooperation as shall be required to complete such county and tabulation without delay. Upon the request of the State Election Board, all ballots, lists, sheets and all other election paraphernalia as shall be re quired to complete the returns shall be surrendered to the State Election Board and the Judge of the Superior Court of such county shall take such action as necessary to carry this into ef fect. The State Election Board shall immediately complete the count and tabulation of such votes and immediately transmit the returns of such elections to the Chairman of the Constitutional Of ficers Election Board. When the State Election Board has completed its use of the election materials, such materials shall be returned to the county officials from whom received for disposition in ac cordance with applicable provisions of this Code. As soon as all re turns of such elections are in the hands of the Chairman of the Constitutional Officers Election Board, the Chairman shall im mediately convene the Board, after giving the notices provided for above, and the Board shall open and publish the returns of each such election and certify returns as prescribed above.

Section 34-1510.--Secretary of State to tabulate, compute, can vass, and certify certain returns.--Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates described in Section 34-1508 (4) (b) and upon all questions voted for by the electors of more than one county, and shall thereupon certify and file in his office the tabulation thereof. The Secretary of State shall also upon receiving the certified returns for Presidential Electors pro ceed to tabulate, compute and canvass the votes cast for each slate of Presidential Electors, and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of Presidential Electors receiving the highest number of votes.

Section 34-1511.--Certificates of election; commissions; procla mations.

(a) Governor and other constitutional officers. The person receiving a majority of the votes for the respective offices named" in Section 34-1508(4) (a) shall be declared elected thereto, and certificates of election shall be made by the Constitutional Of-

THURSDAY, FEBRUARY 12, 1970

1637

ficers Election Board and issued to each person so elected. The Secretary of State shall lay the certified returns filed with him by the Constitutional Officers Election Board before the Governor upon his taking the oath of office as Governor, and the Governor, upon the other constitutional officers taking their oaths of office shall issue a commission under the Great Seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State to each such person. The Secretary of State shall issue
the commission to the person elected Governor.

(b) United States Senators; Representatives in Congress; Members of General Assembly; Certificates of Election.

(1) Upon completing the tabulation of any election for United States Senator or Representative in Congress, the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election and commissions under the seal of the State, duly signed by himself, and at tested by the Secretary of State, and deliver the same to the candidates receiving a majority of the votes for the respective offices.

(2) The Secretary of State shall issue certificates of elec tion to the persons elected members of the Senate and House of Representatives of the General Assembly, and between the hours of twelve noon and one P. M. on the second Monday in January of each odd-numbered year, present before the Senate and House of Representatives the several returns of the elec tions of members of the respective Houses. In case of a special election the Secretary of State shall issue a certificate of elec tion to each person so elected and shall present the returns of such election to the proper House as soon as received and tabulated by him. Immediately upon their taking the oath of office, each member of the Senate and House of Representa tives shall be issued a commission under the Great Seal of the State of Georgia, signed by the Secretary of State.

(c) Justices of the Supreme Court, Judges of Court of Ap peals, Commissioners of the Georgia Public Service Commission, Judges of the Superior Courts and District Attorneys.--Upon com pletion of the tabulation the Secretary of State shall certify the! result of each election of Justice of the Supreme Court, of Judges! of the Court of Appeals, of Commissioners of the Georgia Public Service Commission, of Judges of the Superior Court and of District Attorneys to the Governor and shall issue a certificate of election to each person so elected. The Governor shall, upon their taking the oath of office immediately issue a commission under the Great Seal of the State of Georgia, signed by the Governor and counter signed by the Secretary of State, to each such person.

(d) County officers; justices of the peace.--The superin tendent in each county shall, as soon as the returns have been properly certified, issue certificates of election to the successful candidates for all county officers and justices of the peace to be

163g

JOURNAL OF THE HOUSE,

filled by the votes of electors of such county. Immediately upon taking the oath of office, each such county officer or justice of the peace shall be issued a commission under the seal of the Execu tive Department, signed by the Governor, and countersigned by one of his secretaries.

(e) Presidential electors.--The Secretary of State, on receiv ing and computing the returns of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes for each person so voted for, and shall cause a cer tificate of election to be delivered to each person so chosen.

(f) Constitutional Amendments.--Upon receiving the certified results of elections on all constitutional amendments from the Secretary of State, the Governor shall issue his proclamation declaring the results of the vote of each amendment.

Section 34-1512.--Commissions if election contested.--A com mission which is to be issued as provided by this Code to any per son elected to any office shall be issued notwithstanding the fact that the election of such persons to any such offices may be con tested in the manner provided by this Code. Whenever it shall ap-' pear by the final judgment of the proper tribunal having jurisdic tion of a contested election, that the person to whom such commis sion shall have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall be issued to the person who shall appear to be legally elected to such office, and the issuing of such commission shall nullify the commission already issued, and all power and authority under such commission first issued shall thereupon cease.

Section 34-1513. Majority vote required to nominate or elect; exception; run-off primary of election; Constitutional Officers Elec tion Board to call run-off for Constitutional Officers.--

(a) No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected to public office in any primary or elected to public office in any election un^less such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the of fice of presidential electors, no slate of candidates of any po litical party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election, between the candi dates receiving the two highest number of votes, shall be held on the fourteenth day after the day of holding the preceding primary or election, unless such run-off date is postponed by court order; provided that in the event the candidate receiving the second highjest number of votes withdraws, no such run-off shall be held and the candidate receiving the highest number of votes shall be nomi nated or elected as the case may be; provided further that in the event any candidate eligible to be in a run-off dies, or one of the

THURSDAY, FEBRUARY 12, 1970

1639

two candidates originally receiving the highest number of votes is found to be ineligible, the remaining candidates receiving the two highest number of votes shall be the candidates in such run-off. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candi date eligible for election in a run-off shall be printed on the run off election ballot in the independent column. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; pro vided, however, that no elector shall vote in a run-off primary in violation of Section 34-624.

(b) In the event no candidate for the office of Governor, Lieu tenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commis sioner of Agriculture, or Commissioner of Labor receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the election for the office in which no candidate received a majority by im mediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes for the particular office concerned, who continue in life and have not declined to continue as a candidate. This run-off election shall be held on the second Tuesday immediately following the general; election. The run-off election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote in the general election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the two persons designated by the Constitutional Officers Election Board as candidates in such run-off election shall be counted in the tabulation and canvass of the votes cast. The provisions of Code Section 34-1507 (c), relating to the convening of teh Constitutional Officers Election Board, transmission of the re turns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to run-off elec tions provided for by the provisions of this subsection. On the Tuesday next following the run-off election, the Constitutional Of ficers Election Board shall convene, open, canvass, tabulate and pub lish the returns of the run-off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected.

Section 34-1514. Special election on failure to nominate or elect or on death or withdrawal of officer elect.--Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom, the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position.

Section 34-1515. Delivery of ballots and other documents to

1640

JOURNAL OF THE HOUSE,

clerk of superior court.--Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the clerk of the superior court the used, unused and void ballots and the stubs of all ballots used, numbered lists of voters, tally paper, voting machine paper proof sheet, and return, involved in the primary or election. The clerk shall hold such bal lots and other documents under seal (unless otherwise directed by the superior court) until the next meeting of the grand jury and shall thereupon present such documents to the grand jury for in spection. Such ballots and other documents shall be preserved in the office of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order."

Section 31. The provisions of this Act shall become effective upon the date of the approval thereof by the Governor, or upon it otherwise becoming law.

Section 32. 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. Ballard of the 23rd moves to amend the Committee substitute to HB 1304 as follows:
by adding after the word "candidate" in the second line the following:
:"with opposition";
and by changing the word "may" in the third line to "shall".

An amendment, offered by Mr. Hill of the 94th, was read and lost.
An amendment offered by Mr. Higginbotham of the 75th, was read and lost.

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:

THURSDAY, FEBRUARY 12, 1970

1641

Those voting in the affirmative were Messrs.

Adams Alexander
Atherton Ballard
Barber Battle Bell Black Blalock Brantley, H. L. Bray Brown, B. D. Buck
Carnes Gates Clarke Collier Collins, S. Connell Conner Cook Dailey Daugherty Davis, E. T. Dean, J. E.
DeLong Dent Dodson Egan Ellis Evans Ezzard

Pallin Farrar Felton Gary Gaynor Geisinger Gignilliat Graves Hadaway Hamilton Harris, J. R. Harris, R. JV. Hawes Hill, B. L. Hood Horton Howell Hutchinson Joiner Jones, Herb Jones, M. Keyton Knapp Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard, G. H. Levitas Lowrey Marcus Matthews, C.

Matthews, D. R. Maxwell, R. McClatchey Melton Merritt Moate Morris, L. Mullinax Northcutt Nunn Pafford Phillips, L. L. Pickard Potts Salem Scarborough Scarlett Sherman Simkins Simmons Sims Smith, V. T. Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Westlake Wilkerson Winkles

Those voting in the negative were Messrs.

Anderson Barfield Bennett Berry Bostick Bowen Brantley
Brooks Brown, C. Burruss Busbee Cole Collins, M. Colwell Conger Cooper Crowe Davis, W.

Dean, N. Dorminy Douglas Edwards Floyd, J. H. Floyd, L. R. Funk Grahl Griffin Gunter Harrington Harris, J. F. Harrison Henderson Higginbotham
Hill, G. Housley Hudson

Johnson Jones, C. M. Jordan, G. Jordan, H. S. Keen Knowles Kreeger Lane, W. J. Lewis Longino Mason Mauldin McDaniell Miles Milford
Moore Murphy Nash

1642
Nessmith Odom Paris Parker, H. W. Peters Peterson Phillips, G. S. Poole

JOURNAL OF THE HOUSE,

Rainey Reaves Roach Ross Rush Shanahan Shepherd Sorrells

Sweat Thompson, R. Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood

Those not voting were Messrs.:

Bohannon Bond Caldwell Chandler Dickinson Dixon Farmer
Hale

Hargrett Holder McCracken Miller Parker, C. A. Patterson Phillips, W. R.

Pinkston Rowland Russell Smith, J. R. Snow Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 95, nays 78.

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

Mr. Howell of the 60th served notice that at the proper time, he would ask the House to reconsider its action failing to give the requisite constitutional majority to HB 1304, by substitute, as amended.
Mr. Bohannon of the 20th wished to be recorded as voting "aye" on the passage of HB 1304, by substitute, as amended.
The following Bill of the House was taken up for the purpose of consider ing the adverse report of the Committee on Ways and Means thereto:
HB 1106. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act"; to as to change the rate of tax im posed under said Act; and for other purposes.
Mr. Murphy of the 19th moved that the House disagree to the Committee Report.

THURSDAY, FEBRUARY 12, 1970

1643

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

Those voting in the affirmative were Messrs.

Ballard Bennett Berry Bostick Bowen Brantley, H. L. Gates Clarke Davis, E. T. Dent Douglas Gignilliat Grahl

Hadaway Hudson Joiner Keyton Lane, W. J. Leonard Levitas Lewis Moate Murphy Nessmith Northcutt Pafford

Paris Parker, H. W. Peters Phillips, L. L. Rainey Russell
Salem Simmons Snow Thompson, R. Wheeler, Bobby

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Black Brooks Brown, B. D. Brown, C. Buck Busbee Caldwell Games Chandler Cole Collier Collins, M. Collins, S. Conger Connell Cooper Crowe Dailey Daugherty Davis, W. Dean, J. B. Dean, N. DeLong Dickinson Dixon Dodson Dorminy

Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Graves Griffin Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Har risen Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Howell Hutchinson Johnson

Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Nash Nunn Odom Patterson Peterson Phillips, G. S.

1644
Pickard Pinkston Poole Potts Reaves Roach Ross Rush Scarborough Scarlett Shanahan

JOURNAL OF THE HOUSE,

Shepherd Sherman Simkins Sims
Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles
Townsend

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

Those not voting were Messrs.:

Barfield Blalock Bohannon Bond Brantley, H. H. Bray Burruss Colwell

Conner Cook Farmer Hale Hill, B. L. Housley Jordan Matthews, D. R.

McClatchey McCracken Parker, C. A. Phillips, W. R. Rowland Smith, J. R. Mr. Speaker

On the motion, the ayes were 37, nays 135.

The motion was lost, and the House sustained the adverse report of the Committee on Ways and Means to HB 1106.

Mr. Burruss of the 117th wished to be recorded as voting "nay" on the motion.

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

HB 1186. By Messrs. Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the Coroner in certain counties; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers to amend HB 1168 as follows:

THURSDAY, FEBRUARY 12, 1970

1645

By striking in Section 1 on page 1, line 13 of said bill the figures $1,800.00" and substituting in lieu thereof the figures "$1,200".

Mr. Barfield of the 71st moved that the House disagree to the Senate amendment.

The motion prevailed and the Senate amendment to HB 1168 was disagreed to.

The Speaker announced the House recessed until 2:00 P.M.

AFTERNOON SESSION

The Speaker called the House to order.

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Retirement and referred to the Committee on Local Affairs:

HB 1223. By Messrs. Games of the 104th, Lane of 101st, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments of certain cities; and for other purposes.

HB 1224. By Messrs. Carnes of the 104th, Lane of the 101st, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act providing for a pension and retirement system for the officers and employees of certain cities; and for other purposes.

HB 1225. By Messrs. Carnes of the 104th, Lane of the 101st, Sims of the 106th and others:
A Bill to be entitled an Act to amend the Act pertaining to the pro visions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of certain cities; and for other purposes.

The following Resolution of the House was read and referred to the Com mittee on Rules:

1646

JOURNAL OF THE HOUSE,

HR 831. By Messrs. Northcutt of the 21st, Knowles of the 22nd, Matthews of the 63rd, Hudson of the 48th and Wheeler of the 46th:

A RESOLUTION

Creating the "Medicaid Feasibility Study Committee on Chiropractic Services"; and for other purposes.

WHEREAS, chiropractors are not presently under the Medicaid program of health care; and

WHEREAS, this body is in need of additional information on the feasibility of placing chiropractors under Medicaid.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim "Medicaid Feasibility Study Committee on Chiropractic Services" to be com posed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Chairman of said Committee shall be appointed by the Speaker of the House of Repre sentatives. Said committee shall make a thorough and exhaustive study into the feasibility of placing chiropractic services under the Medicaid program and shall make a report of its findings and recommendajtions to the 1971 Session of the General Assembly. The Committee shalli complete and submit its report on or before December 30, 1970, and when such report is completed the committee shall stand abolished. The committee is authorized to consult with interested experts, people and organizations in making its study. The committee shall be authorized to meet for a period not in excess of 10 days. The members of the com mittee shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative study committees. The funds necessary for the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government.

The following Resolutions of the House were read and adopted:

HR 832. By Messrs. Jones, Pickard and Buck of the 84th, Berry and Thompson of the 85th and Davis and Thompson of the 86th:
A RESOLUTION
Commending Mr. James H. Wynn; and for other purposes.
WHEREAS, Mr. James H. Wynn has recently been named execu tive editor of The Bradenton Herald, Bradenton, Florida; and
WHEREAS, he is a graduate of Canton High School and the U. S. Army's Southeastern Signal School, and attended Mercer University,

THURSDAY, FEBRUARY 12, 1970

1647

Reinhardt College and studied journalism at the University of Georgia; and

WHEREAS, he began his newspaper career in 1956 as sports editor of the Waycross Journal-Herald, and has served as a city government reporter with The Macon News; chief of the Atlanta Bureau of the Macon Telegraph and News; press secretary to Lieutenant Governor Garland T. Byrd; a staff member of The Columbus Ledger; editorial associate, associate editor and editor of the Marietta Daily Journal, chief of the Atlanta Bureau and associate editor of The Columbus Ledger and Enquirer, and associate editor of The Bradenton Herald; and

WHEREAS, it is only fitting and proper that Mr. James H. Wynn be commended and congratulated for his many outstanding journalistic accomplishments and his long record of service to the people of this state.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. James H. Wynn for his many outstanding journalistic accomplishments.

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. James H. Wynn.

HR 833. My Messrs. Paris of the 14th and Thomason of the 77th:
A RESOLUTION
Commending WSB-TV and Cox Broadcasting Corporation; and for other purposes.
WHEREAS, the management and staff of WSB-TV and the Cox Broadcasting Corporation have performed an outstanding public service in showing the film entitled, "Russell: Georgia Giant" in a three part series; and
WHEREAS, this series recognizes the great service that has been rendered to the State of Georgia and the United States by Georgia's senior Senator, Honorable Richard B. Russell; and
WHEREAS, this series represents an outstanding achievement in presenting a "living history" of one of the great statesmen of the Twentieth Century; and
WHEREAS, this series is one of the finest examples of outstanding public service by a television broadcasting company.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con-

1648

JOURNAL OF THE HOUSE,

gratulate WSB-TV and the Cox Broadcasting Corporation for perform ing an outstanding public service in televising the film entitled, "Russell: Georgia Giant".

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 President of Cox Broadcasting Corporation and the manager of WSB-TV.

HR 834. By Messrs. Jones of the 87th and Whaley of the 93rd:
A RESOLUTION
Commending Miss Nancy Herndon; and for other purposes.
WHEREAS, Miss Nancy Herndon of Port Wentworth, Georgia, served during 1968-69 as Vice President of the Georgia State Teen Association of NCHA, the first State Teen Association of the U. S. and Canada chartered by the National Campers and Hikers Associa tion; and
WHEREAS, she won the Miss Georgia NCHA Title in May, 1969, and at the National Campers and Hikers Association National Conven tion on July 15, 1969, she won the National Title of Miss NCHA, com peting against queens from the remaining States and Canada; and
WHEREAS, she is active in the Rebel Raiders Teen Chapter of the NCHA in Savannah and is a 1969 graduate of Groves High School in Savannah, where she was head majorette; and
WHEREAS, it is only fitting and proper that Miss Nancy Herndon be commended and congratulated for her many outstanding achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Nancy Herndon for her many outstanding achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit appro priate copies of this Resolution to Miss Nancy Herndon and to her parents.

HR 835. By Mr. Mason of the 13th:
A RESOLUTION
Urging the Board of Regents to consider locating a junior college in Gwinnett County; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

1649

WHEREAS, several junior colleges have been established in Geor gia within recent years; and

WHEREAS, a junior college was recently established in Clayton County, and the population of Gwinnett County is now as great as that of Clayton County at the time said junior college was established; and

WHEREAS, the population of Gwinnett County continues to in crease at a very rapid rate, and estimates indicate that the population of said county will be more than 132,000 in 10 years; and

WHEREAS, there is no college in Gwinnett County, and the cause of higher education would be served, as well as the people of Gwinnett County, the metropolitan area of Atlanta and the State a large by the establishment of a junior college within Gwinnett County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Regents is hereby urged to give very thoughtful and serious consideration to the establishment of a junior college within Gwinnett County 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 the Honorable George L. Simpson, Jr., Chancellor of the Board of Regents.

HR 836. By Mr. Knowles of the 22nd:
A RESOLUTION
Commending the Stockbridge Tigerettes Basketball Team; and for other purposes.
WHEREAS, the Stockbridge Tigerettes Basketball Team has com piled an enviable record of twenty-two wins and no losses during the 1969-70 regular season; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the season; and
WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride and sportsmanship of these young athletes and to the outstanding coaching efforts of Coach George Eanes; and
WHEREAS, the members of the first team are Lynn Bellamy, Jan Gardner. Linda Jones, Mary Mitchell, Teri Patterson, Vicki Patterson, Marie Duncan and Rita Estes, and other members of the team are Jan Bellamy, Rita Parker, Janet Partain, Debbie Bell, Debbie Bingham, Bonnie Adams, Susan Lazar and Debra McLeroy.

1650

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Coach George Eanes and each member of the Stockbridge Tigerettes Basketball Team for their outstanding athletic accomplish ments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit ap propriate copies of this Resolution to Coach George Eanes and to each member of the Stockbridge Tigerettes Basketball Team.

HR 837. By Mr. Hargrett of the 58th:
A RESOLUTION
Commending Honorable Larry W. Thomason; and for other purposes.
WHEREAS, the Honorable Larry W. Thomason, a member of the House of Representatives from the 77th District, originated and imple mented the Legislative Intern Program in the General Assembly during the current session; and
WHEREAS, said program has been an outstanding success in that it provided those students selected to serve as interns with a rare insight into the legislative process in action, while, at the same time, providing immense assistance to the members of the General Assembly; and
WHEREAS, the Honorable Larry W. Thomason is widely known and respected by the members of this body for his position on giving the youth of this State a responsible role in State government; and
WHEREAS, it is only fitting and proper that the Honorable Larry W. Thomason be commended and congratulated for his origination and implementation of the Legislative Intern Program and for his many outstanding contributions to this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Larry W. Thomason is here by commended and congratulated for the origination and successful implementation of the Legislative Intern Program and for his many other outstanding contributions to this State.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Larry W. Thomason.

THURSDAY, FEBRUARY 12, 1970

1651

HR 838. By Messrs. Gaynor of the 88th and Hill of the 94th:

A RESOLUTION
Commending Dr. Howard Jordan, Jr. for his magnificent contribu tions to the youth of Georgia; and for other purposes.

WHEREAS, the National Court of Honor of the Boy Scouts of America, on nomination of the Coastal Empire Council, has conferred upon Dr. Howard Jordan, Jr. the Silver Beaver Award for distinguished service to boyhood through Scouting; and
WHEREAS, Dr. Jordan is Vice-President of the Coastal Empire Council and is a National Representative of the Boy Scouts of America, and has given generously of his time, talent and energy to the advance ment of Scouting in the Coastal Empire; and

WHEREAS, he recently accepted appointment as the Chairman of the education phase of the Mayor's Commission on Drug Abuse in Sa vannah; and
WHEREAS, Dr. Jordan's demonstrated interest in the youth of Georgia goes far beyond his duties as President of Savannah State College.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Dr. Howard Jordan, Jr. for his magnificent contributions to the youth of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit a copy of this Resolution to Dr. Howard Jordan, Jr.

HR 839. By Mr. Gaynor of the 88th:
A RESOLUTION
Commending the Honorable William R. Thaggard for his magnifi cent contributions to the Boy Scouts of America; and for other pur poses.
WHEREAS, the National Court of Honor of the Boy Scouts of America, on nomination of the Coastal Empire Council, has conferred upon Honorable William R. Thaggard, the Silver Beaver Award for distinguished service to boyhood through Scouting; and
WHEREAS, the Honorable William R. Thaggard, an Eagle Scout as a boy, serves as Organization and Extension Chairman of the TomoChi-Chi District after having been its Leadership Training Chairman for many years; and

1652

JOURNAL OF THE HOUSE,

WHEREAS, he is a Vigil Honor member of the Order of the Arrow and Assistant Advisor of Tomo-Chi-Chi Lodge; and

WHEREAS, the Honorable William R. Thaggard was formerly a member of the Committee of Troup 38 of Savannah, and instrumental in organizing Troop 48 at Savannah Beach; and

WHEREAS, he is a member of the science faculty of Robert W. Groves High School in Garden City; and

WHEREAS, the Honorable William R. Thaggard has been de scribed as being an indefatigable worker in the vineyard of scouting, the fruits of whose labors have inured to the inestimable benefit of every member of the Boy Scouts of America in the Coastal Empire Council.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body commends the Honorable William R. Thaggard for his magnificent contributions to the Boy Scouts of America and to the youth of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Honorable William R. Thaggard.

HR 840. By Messrs. Gaynor of the 88th and Jones of the 59th:
A RESOLUTION
Commending the Honorable Guy Browning for his magnificent con tributions to the Boy Scouts of America; and for other purposes.
WHEREAS, the National Court of Honor of the Boy Scouts of America, on nomination of the Coastal Empire Council, has conferred upon Honorable Guy Browning, the Silver Beaver Award for dis tinguished service to boyhood through Scouting; and
WHEREAS, the Honorable Guy Browning, an Eagle Scout as a boy, is Scoutmaster of Troop 562 in Hinesville; and
WHEREAS, he is a member of the Advisory Board of the Coastal Empire Council, has served as Chairman of the Liberty District and of several of its operating committees, and was Scoutmaster of the Coun cil's Troop at the Seventh National Scout Jamboree in 1969; and
WHEREAS, the Honorable Guy Browning has been an active par ticipant in the community life of Hinesville, notably the Hinesville Jaycees, the Bacon School PTA and Hinesville Methodist Church; and
WHEREAS, in his daily living he so exemplifies the high principles

THURSDAY, FEBRUARY 12, 1970

1653

of Scouting that he has served as an inspiration to hundreds of Scouts of Liberty County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Guy Browning for his magnificent contributions to the Boy Scouts of America and to the youth of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed and directed to transmit a copy of this Resolution to the Honorable Guy Browning.

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:

HB 1155. By Messrs. Jones of the 59th, McClatchey of the 113th, Pickard of the 84th, Lee of the 21st, Miles of the 78th and Westlake of the 75th:
A Bill to be entitled an Act to prohibit certain activities by legislators and other State officials, employees and appointees of the legislative, executive and judicial branches of the State government and to regu late the conduct to said persons 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 Bennett Black Blalock Bond Bostick Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, C. Burruss Busbee Caldwell Carnes 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 Ellis Evans Ezzard

1654
Fallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Hadaway Hamilton 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 Jones, M. Jordan, H. S. Keen

JOURNAL OF THE HOUSE,

Keyton
Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin Maxwell McClatchey McDaniell Melton Miles Milford Miller Mullinax Nessmith Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson

Phillips, W. R. Pinkston
Poole Potts Reaves Roach Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Sorrells
Sweat Thomason Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles
Williams Wilson Wood

Voting in the negative was Mr. Morris.

Those not voting were Messrs.:

Barfield Berry Bohannon Bowen Brown, B. D. Buck Gates Chandler Clarke
Crowe Dean, J. E. Egan
Farmer Floyd, J. H.

Grahl Gunter Hale Hargrett Harris, R. W. Hood Jordan, G. Longino McCracken Merritt Moate Moore
Murphy Nash

Nunn Paris Phillips, G. S. Phillips, L. L. Pickard Rainey Ross Rowland Smith, J. R.
Snow Thompson, A. W. Wilkerson
Mr. Speaker

THURSDAY, FEBRUARY 12, 1970

1655

On the passage of the Bill, the ayes were 153, nays 1.

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

Messrs. Nunn of the 41st, Snow of the 1st, Lewis of the 37th and Clarke of the 33rd wished to be recorded as voting "aye" on the passage of HB 1155.

HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Ga., defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meaning such terms have in the United States Internal Revenue Code of 1954 in force and effect on Jan. 1, 1970; 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 Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock
Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates

Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe
Dailey Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards

Egan Ellis Evans Pallin Farrar Felton Floyd, L. R. Funk Gary Gaynor
Geisinger Gignilliat Grahl Graves Griffin Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson

1656

JOURNAL OF THE HOUSE,

Higginbotham Holder 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. Levitas Lowrey Marcus Mason Mathews, C. Mauldin Maxwell

McDaniell Melton Merritt Miles
Milford Miller Morris Mullinax
Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Pinkston Poole Potts Reaves Roach Ross Rush Russell Salem

Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, R.
Toles Townsend Vaughn "Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Alexander Anderson Barfield Bond Bray Brown, B. D. Chandler Cole Conner Daugherty Dean, J. E. Ezzard Farmer Floyd, J. H.

Gunter Hale Hargrett Harris, R. W. Hill, B. L. Hill, G. Hood Horton Johnson Leonard Lewis Longino Matthews, D. R. McClatchey

McCracken Moate Moore Nunn Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Rainey Rowland Smith, V. T. Thompson, A. W. Wilkerson Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 12, 1970

1657

Mr. Lewis of the 37th wished to be recorded as voting "aye" on the passage of HB 1370.

HB 1454. By Messrs. Graves, Toles and Lowrey of the 9th, Conger of the 68th and Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating the Ga. State Board of Funeral Service and regulating the practice of embalming and funeral directing, as amended, so as to provide that 3 years after the effective date of this amendatory Act no applicant shall be eligible unless he shall have held an embalmer's license from the Board for at least a period of 1 year preceding his application for a funeral director'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.

Adams Ballard Battle Bell
Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Carnes Gates Collier Collins, S. Conger Cook Cooper Crowe Dailey Davis, E. T. Dean, N. Dickinson Dixon Dodson Dorminy

Douglas Farrar Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin Harris, J. F. Harris, J. R. Hawes Higginbotham Holder Housley Hudson Hutchinson Johnson Jones, C. M. Jones, M. Knowles Lambert Lane, Dick Lee, W. J. (Bill) Levitas Lowrey
Marcus

Matthews, C. Melton Miller Morris Mullinax Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Roach Scarborough Scarlett Shanahan Shepherd Sims Snow Sorrells Sweat Thomason

1658
Thompson, R. Toles Vaughn

JOURNAL OF THE HOUSE,

Ware Whaley Wheeler, J. A.

Wilkerson Winkles Wood

Those voting in the negative were Messrs.

Alexander Anderson Atherton
Barber Bostick Bowen Clarke Cole
Collins, M. Colwell Daugherty Dean, J. E.

DeLong Evans Fallin Harrington Henderson Joiner Jordan, G. Keen Kreeger Lee, W. S. Lewis

Mason Mauldin Maxwell McDaniell Miles Nash Odom Simkins Simmons Williams
Wilson

Those not voting were Messrs.:

Barfield Bennett Bond Brooks Brown, B. D. Buck Busbee Caldwell Chandler Connell Conner Davis, W. Dent Edwards Egan Ellis Ezzard Farmer Felton Floyd, J. H. Grahl Gunter Hadaway

Hale Hamilton Hargrett Harris, R. W. Harrison Hill, B. L. Hill, G. Hood Horton Howell Jones, Herb Jordan, H. S. Keyton Knapp Lane, W. J.
Leonard Longino Matthews, D. R.
McClatchey McCracken Merritt Milford
Moate

Moore Murphy Patterson Phillips, G. S. Pickard Potts Rainey Reaves Ross Rowland Rush
Russell Salem Sherman Smith, J. R. Smith, V. T. Thompson, A. W. Townsend Wamble Westlake Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 93, nays 34.

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

THURSDAY, FEBRUARY 12, 1970

1659

Mr. Graves of the 9th 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 1454.

HB 1509. By Mr. Scarlett of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for Georgia, as amended, so as to authorize the mem bers of the Uniform Division of the Department of Public Safety to make arrests, serve and execute warrants, and enforce in general the criminal laws of this 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 Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, C. Buck Burruss Busbee Carnes Gates Clarke Cole Collier Collins, M. Collins, S. Colwell

Conger Cook Cooper Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Douglas Egan Ellis Evans Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Griffin

Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, G. Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.

1660
Leonard Levitas Lewis Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Morris Mullinax Nessmith Northcutt Nunn Odom Pafford Paris

JOURNAL OF THE HOUSE,

Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L.
Pinkston Poole Rainey Reaves Roach Ross 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 Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Alexander Bond Bray Brown, B. D. Caldwell Chandler Connell Conner DeLong Dorminy Edwards Ezzard Farmer Grahl

Gunter Hale Hargrett Higginbotham Hill, B. L. Holder Hood Horton
Jordan, H. S. Longino Mason Matthews, D. R.
McCracken

Miller Moate Moore Murphy Nash Phillips, G. S. Phillips, W. R. Pickard Potts Rowland Smith, J. R. Ware Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 0.

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

Mrs. Hamilton of the 112th and Mr. Daugherty of the 109th stated that their machines had been voted inadvertently and wished to be recorded as voting
"nay" on the passage of HB 1509.

THURSDAY, FEBRUARY 12, 1970

1661

HB 1032. By Messrs. Carnes of the 104th and Sherman of the 80th:
A Bill to be entitled an Act to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; 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 Ballard Barfield Battle Bell Bennett Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Gates 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. DeLong Dent Dickinson Dodson Douglas Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Griffin Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higinbotham Hill, G. Hood Horton

Housley Hudson Hutchinson Johnson Joiner
Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Miles Milford Miller Morris Mullinax Nash Nessmith

1662
Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Reaves

JOURNAL OF THE HOUSE,

Roach Ross Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Sorrells Sweat

Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bond Bostick Bowen Bray Buck Caldwell Clarke Conner Dixon Dorminy Edwards Farmer Gary Grahl

Gunter Hale Hargrett Hawes Hill, B. L. Holder Howell Jordan, H. S. Knapp Lewis Longino McClatchey McCracken Merritt

Moate Moore Murphy Phillips, G. S. Pickard Potts Rainey Rowland Simmons Smith, J. R.
Snow Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 218. By Senators Hensley of the 33rd and Searcey of the 2nd: A Resolution recreating the Joint Highway Laws Interim Study Com mittee; 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, FEBRUARY 12, 1970

1663

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Busbee Carnes Gates Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe D alley
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dickinson
Dorminy
Douglas
Edwards
Egan
Ellis
Evans

Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Graves Griffin Gunter Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, G. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S.
Leonard
Longino
Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
Maxwell
McClatchey
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, L. L. Phillips, W. R. Pinkston Poole Potts Roach Ross Rush Russell Scarborough Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson, A. W.
Thompson, R.
Toles
Townsend
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

1664

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bray Brooks Buck Burruss Caldwell DeLong Dixon Dodson Ezzard Fallin Farrar Gignilliat Grahl Hale

Hargrett Harris, R. W. Henderson Higginbotham Hill, B. L. Howell Johnson Knapp Knowles Levitas Lewis Matthews, C. McCracken McDaniell

Murphy Phillips, G. S. Pickard Rainey Reaves Rowland Salem Scarlett Simkins Sweat Thomason Wheeler, Bobby Wilkerson Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 1515. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; 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 Bennett Berry

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

Buck Burruss Busbee
Games Gates Chandler Clarke Cole Collier Collins, M.

THURSDAY, FEBRUARY 12, 1970

1665

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 Egan Ellis Evans Ezzard Farmer Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Grahl Graves Griffin Gunter Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W.
Harrison Hawes Higginbotham

Hill, G. Holder
Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, D. R. Mauldin McClatchey Melton Merritt Miles Milford Miller Moore Mullinax Murphy Nash Nessmith Northcutt

Nunn Pafford Parker, C. A. Parker, H. W Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Rush Russell Shanahan Shepherd Simkins Simmons Sims Smith, J. R. 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 voting in the negative were Messrs. Odom and Scarborough.

Those not voting were Messrs.:

Bell Bo wen Bray Caldwell DeLong Douglas

Edwards Fallin Farrar Funk Gary Gignilliat

Hadaway Hale Hargrett Henderson Hill, B. L. Howell

1666
Johnson Jordan Knowles Lewis Matthews, C. Maxwell McCracken McDaniell

JOURNAL OF THE HOUSE,

Moate Morris Paris Phillips, G. S.
Pickard Pinkston
Roach Ross

Rowland Salem Scarlett Sherman Thomason Townsend Wilson Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 2.

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

Messrs. Lewis of the 37th and Gary of the 21st wished to be recorded as voting "aye" on the passage of HB 1515.

HB 1456. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend Code Section 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; and for other purposes.

The following amendment was read and adopted:
Mr. Connell of the 79th moves to amend HB 1456 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide an effective date;".
By renumbering Section 2 as Section 3, and by inserting following Section 1 a new Section 2 to read as follows:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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:

THURSDAY, FEBRUARY 12, 1970

1667

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 Chandler Clarke Cole Collier Collins, M. Conger Connell Conner Cooper Dailey Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis Evans Ezzard Pallin
Farmer Felton Floyd, J. H.

Funk Gaynor Geisinger Gignilliat Grahl Graves Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Horton Housley 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 Longino Lowrey Marcus Mason Mauldin 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. Phillips, W. R. Pinkston Rainey Reaves Roach Ross Rush Russell Scarborough Scarlett Shanahan Shepherd 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. Wilkerson Winkles Williams Wilson Wood

1668

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs. Colwell and E. T. Davis.

Those not voting were Messrs.:

Bowen
Bray Brooks Caldwell Collins, S. Cook Crowe DeLong Dorminy Farrar Floyd, L. R. Gary

Griffin Gunter Hadaway Hale Hamilton Hargrett Hawes Hill, B. L. Hill, G. Howell Johnson Lewis

Matthews, C. Matthews, D. R. Maxwell McCracken
Phillips, G. S. Pickard Poole Potts Rowland Salem Sherman Mr. Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 2.

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

HB 1561. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; 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 Atherton Ballard Barber 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 Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. B. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Egan Ellis Evans Ezzard Pallin Farmer Felton Floyd, J. H. Floyd, L. B. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin

THURSDAY, FEBRUARY 12, 1970

1669

Hadaway Hamilton Harrington
Harris, J. F. Harris, J. R.
Harris, R. W. Harrison
Hawes
Henderson Higginbotham Hood
Horton
Housley Hutchinson
Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger
Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Longino Lowrey Marcus Mason Matthews, C. Mauldin McClatchey
McDaniell Melton Merritt Miles Milford Miller
Moate

Moore
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 Ross
Rush Scarborough
Scarlett Shanahan
Shepherd Sims
Smith, J. R. Snow
Sorrells Sweat
Toles Townsend
Wamble Ware
Wheeler, J. A. Wilkerson
Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Douglas Hudson Leonard

Levitas Nessmith
Salem

Westlake

Those not voting were Messrs.:

Anderson Barfield Brooks

Caldwell Collins, M.
Davis, W.

Edwards Farrar
Gunter

1670
Hale Hargrett Hill, B. L. Hill, G. Holder Howell Johnson Keen Knapp Lane, W. J. Lewis

JOURNAL OF THE HOUSE,

Matthews, D. R. Maxwell
McCracken Murphy Parker Phillips, G. S.
Pickard Poole Rowland Russell Sherman

Simkins Simmons
Smith, V. T. Thomason Thompson, A. W. Thompson, R.
Vaughn Whaley Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 7.

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

HR 707-1471. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more own ers, an administrator, executor or trustee, if such exemptions are claimed by one or more owners, heirs or cestui que uses who reside on such property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:
"The exemptions granted to the homestead within this Para graph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually oc cupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided."
Section 2. The above proposed amendment to the Constitution shall

THURSDAY, FEBRUARY 12, 1970

1671

be published and submitted as provided in Article XIII, Section I, Para graph 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 ( NO (

) Shall the Constitution be amended so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an
) administrator, executor or trustee, if such exemp tions are claimed by one or more owners, heirs or beneficiaries who reside on such property?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "yes"- All persons desiring to vote 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 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 Barfield Battle Bennett Berry Black Blalock Bohannon Bond Bostick
Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.

Brown, C. Buck Burruss Busbee Carnes 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 Douglas Edwards Egan Ellis Evans Ezzard
Fallin Farmer Farrar Felton Floyd, J. H.

1672
Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.

JOURNAL OF THE HOUSE,

Keen Knapp Knowles
Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin McClatchey Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Parker, C. A. Patterson

Peters Peterson Phillips, L. L.
Phillips, W. R. Pinkston
Potts Rainey Reaves Roach Ross Rush Scarborough Scarlett Shanahan Shepherd Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Ware Westlake Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Anderson Leonard

Odom Whaley

Those not voting were Messrs.:

Bell Bowen Caldwell
Gates Collins, M. Dean, J. E. DeLong Hale Hamilton Hargrett Hill, G. Howell

Keyton Lane, W. J. Matthews, D. R. Maxwell McCracken McDaniell Murphy Paris Parker, H. W. Phillips, G. S. Pickard Poole

Rowland Russell Salem Sherman Smith, V. T. Townsend Vaughn Wamble Wheeler, Bobby Wilkerson Mr. Speaker

THURSDAY, FEBRUARY 12, 1970

1673

On the adoption of the Resolution, the ayes were 156, nays 4.

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

Mr. Smith of the 3rd wished to be recorded as voting "aye" on the adoption of HR 707-1471.

SB 333. By Senator Webb of the llth:
A Bill to be entitled an Act to change the name of the unit of the South western State Hospital located at Bainbridge, Decatur County, Georgia, to the "Bainbridge State Hospital"; 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 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, S. Colwell
Conger Connell Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson
Dixon Douglas Egan Ellis

Evans Ezzard Fallin Farmer Felton Floyd, L. R. Funk Gary ; Gaynor Geisinger c Gignilliat Grahl '
Graves Griffin Gunter Hadaway Hamilton Hargrett
Harrington Harris, J. R. Harrison Hawes Henderson Higginbotham

1674

JOURNAL OF THE HOUSE,

Hill, G.
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, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Longino Lowrey Marcus Matthews, C.

Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Miles Milford 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. Poole Potts Rainey Ross

Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells
Sweat Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bell Blalock Caldwell Collins, M. Cook Crowe Dean, J. E. Dodson Dorminy Edwards Farrar Floyd, J. H.

Hale Harris, J. F, Harris, R. W. Hill, B. L. Horton Lewis Mason McCracken McDaniell Miller Nash Phillips, G. S.

Pickard Pinkston Reaves Roach Rowland Scarborough Smith, J. R. Thomason Vaughn Mr. Speaker

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

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

THURSDAY, FEBRUARY 12, 1970

1675

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purposes of providing ambulance service for emergency care and treatment; and for other purposes.

The following amendment was read and adopted:
Mr. Paris of the 14th District moves to amend HB 1521 as follows: By striking "92-3701.1" on lines 12, 14 and inserting in lieu thereof
"92-3701.19". And by striking on line 16 the words "Code Section 92-3701" and
inserting in lieu thereof the words "this 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 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 Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Carnes Gates

Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Douglas Edwards Egan Ellis

Evans Ezzard Fallin Farmer Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hadaway Harrington Harris, J. R. Harrison Hawes Higginbotham Hill, G.

1676

JOURNAL OF THE HOUSE,

Hood Horton Housley Howell Hudson Hutchinson
Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill); Lee, W. S. Leonard Levitas Lewis Longino Lowrey

Marcus Matthews, C. Matthews, D. R. Maxwell
McClatchey Melton Merritt
Miles Moate Moore Morris Mullinax Murphy 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 Rush Salem Shanahan Shepherd Sherman Sirnkins Simmons Sims Smith, V. T. Sorrells
Sweat Thompson, A. W. Thompson, R. Toles Townsend Ware Westlake Whaley Wheeler, Bobby Wilkerson Winkles Wilson

Those voting in the negative were Messrs.:

Buck

Williams

Those not voting were Messrs.:

Bell Black Bohannon Brooks Burruss Caldwell Collins, M. Crowe Dailey Dean, J. E. DeLong Dodson Dorminy Farrar Felton Hale

Hamilton Hargrett Harris, J. F. Harris, R. W. Henderson Hill, B. L. Holder Keyton Mason Mauldin McCracken McDaniell Milford Miller Nash Nessmith

Phillips, G. S. Pickard Poole Reaves Rowland Russell Scarborough Scarlett Smith, J. R. Snow Thomason Vaughn Wamble Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 145, nays 2.

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

THURSDAY, FEBRUARY 12, 1970

1677

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

HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, so as to in crease said allowance; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Appropriations moves to amend HB 28 by changing Section 2 to Section 3 and inserting a new Section 2 to read as follows:
"The effective date of this Act shall be April 1, 1970."

Mr. Douglas of the 42nd moved that the House agree to the Senate amend ment.

On the motion, the ayes were 159, nays 0.

The motion prevailed and the Senate amendment to HB 28 was agreed to.

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 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver's licenses, so as to provide for the examina tion of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after a certain date; and for other purposes.

The Committee amendment, having been previously read, was withdrawn by unanimous consent.

Mr. Leonard of the 3rd moved that HB 349 be indefinitely postponed.

1678

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Bohannon Bowen Brantley, H. L. Cole
Davis, W. Dean, N. Dickinson Dorminy Douglas Egan Evans Funk Hadaway Harrington

Harrison
Henderson Higginbotham
Hill, G. Hudson Johnson Joiner Jordan, G. Leonard Longino McDaniell
Miles Murphy Nessmith Northcutt Pafford Parker, C. A.

Parker, H. W. Patterson Peters Phillips, W. E. Ross Rush Salem Scarlett Simmons Sims Smith, V. T. Toles Westlake Whaley Wheeler, Bobby

Those voting in the negative were Messrs.

Adams Atherton Barber Battle Bennett Berry Black Blalock Bond Bray Brown, C. Buck Games Clarke Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Davis, E. T. Dent Dixon Dodson Edwards Ellis

Ezzard Tallin Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hamilton Harris, J. F. Harris, J. R. Hawes Holder Hood Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knapp Lambert Lane, Dick Lane, W. J.

Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C. Maxwell McClatchey Merritt Milford Moate Moore Morris Mullinax Nash Nunn Odom Peterson Pinkston Poole Potts Rainey
Reaves Roach Russell Scarborough Shanahan Snow

THURSDAY, FEBRUARY 12, 1970

1679

Sorrells Sweat
Thomason Thompson, R.

Wamble Ware
Wheeler, J. A. Wilkerson

Winkles Williams
Wood Mr. Speaker

Those not voting were Messrs.:

Barfield Bell Bostick Brantley, H. H. Brooks
Brown, B. D. Burruss
Busbee Caldwell Gates Chandler Collins, M. Conner Daugherty Dean, J. E. DeLong

Farmer Farrar Hale Hargrett Harris, R. W.
Hill, B. L. Horton
Housley Howell Keen Knowles Kreeger Mason Matthews, D. R. Mauldin McCracken

Melton Miller Paris Phillips, G. S. Phillips, L. L.
Pickard Rowland
Shepherd Sherman Simkins Smith, J. R. Thompson, A. W. Townsend Vaughn Wilson Mr. Speaker

On the motion to indefinitely postpone HB 349, the ayes were 49, nays 98.

The motion was lost.

The following substitute, offered by Mr. Jones of the 85th, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver's licenses, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide for the examination of all holders of driver's licenses for visual acuity every five years after July 1, 1971; to provide that no license shall be renewed unless the ap plicant's visual acuity meets certain minimum requirements; to pro vide for the procedure connected with the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle

1680

JOURNAL OF THE HOUSE,

driver's licenses, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, is hereby amended by adding between Sections 5 and 6 of Article IV a new section to be numbered Section 5A and to read as follows:

"Section 5A. Notwithstanding any other provisions of this Act to the contrary, after July 1, 1971, the holder of a Georgia driver's license of any class shall be reexamined at least every five years by the Director for the purpose of ascertaining the holder's visual acuity. The Director shall examine the licensee for visual acuity initially under the provisions of this Section at the time the holder applies for a renewal of his license after July 1, 1971. No license shall be renewed unless the applicant's visual acuity meets the minimum requirements therefor prescribed by the Director for the initial issuance of a license. No license shall be is sued by the Director to be effective for a period in excess of five
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, as amended, 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.:

Adams Alexander Atherton Barber Barfield Battle Bennett Berry Black Blalock Bond Bostick
Brantley, H. L. Bray Brooks Brown, C. Buck Games Gates Collier Colwell

Conger Connell Cook Dailey Daugherty Davis, E. T. Dean, J. E. DeLong Dent Dodson Dorminy Douglas
Edwards Egan Ellis Fallin Felton Gaynor Geisinger Gignilliat Grahl

Graves Griffin Gunter Hamilton Harris, J. F. Harris, J. R. Hawes Henderson Hill, G. Holder Hood Hutchinson
Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Knapp Kreeger Lambert Lane, Dick

Lee, W. S. Levitas Lowrey Marcus Mason Matthews, C.
Mauldin Maxwell McClatchey Merritt Milford Miller Moate

THURSDAY, FEBRUARY 12, 1970

1681

Moore Morris Mullinax Nessmith Nunn Peterson Poole
Potts Rush Scarborough Scarlett Shanahan Shepherd

Sherman Simkins Sims Smith, V. T. Sorrells Thomason Thompson, R. Townsend Ware Wheeler, J. A. Winkles Williams
Wood

Those voting in the negative were Messrs.

Anderson Ballard Bowen Cole Crowe Davis, W. Dean, N. Dickinson Ezzard Floyd, J. H. Funk Hargrett Harrington Harrison

Higginbotham Hudson Johnson Jordan, G. Keyton Lane, W. J. Leonard Longino Matthews, D. R. Murphy Northcutt Pafford Parker, C< A. Parker, H. W.

Patterson Peters Phillips, W. R. Rainey Ross Snow Sweat Toles Wamble Westlake Whaley Wilkerson

Those not voting were Messrs.:

Bell Bohannon Brantley, H. H. Brown, B. D. Burruss Busbee Caldwell Chandler Clarke Collins, M. Collins, S. Conner Cooper Dixon Evans Farmer Farrar Floyd, L. R.

Gary Hadaway Hale Harris, R, W. Hill, B. L. Horton Housley Howell Keen Knowles Lee, W. J. (Bill) Lewis McCracken McDaniell Melton Miles Nash Odom

Paris Phillips, G. S. Phillips, L. L. Pickard Pinkston Reaves Roach' Rowland Russell Salem Simmons Smith, J. R. Thompson, A. W. Vaughn Wheeler, Bobby Wilson Mr. Speaker

1682

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 102, nays 40.

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

Mr. Williams of the llth moved that HB 349, by substitute, be immediately transmitted to the Senate.

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

Those voting in the affirmative were Messrs.

Adams Alexander Barber Barfield Battle Berry Black Blalock Bond Bostick Brantley, H. L. Bray Brown, C. Carnes Gates Clarke Collins, S. Colwell Conger Connell Cook Cooper Dailey Daugherty Davis, E. T. Dean, J. E. DeLong Dent Douglas Egan Ellis

Fallin Felton Gaynor Geisinger Gignilliat Grahl Graves Griffin Gunter Hamilton Harris, J. R. Hawes Hill, G. Holder Hood Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knapp Knowles
Lambert Lane, Dick Lee, W. S. Levitas Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Maxwell McClatchey Melton Merritt. Miller
Moate Moore Mullinax Nash Nunn Peterson Poole Rush Russell Scarborough Shepherd Sherman Simkins Sims Sorrells Thomason Townsend
Wamble Ware Wheeler, J. A. Winkles Williams Wood

Those voting in the negative were Messrs.:

Anderson Atherton

Ballard Bell

Bennett Bo wen

THURSDAY, FEBRUARY 12, 1970

1683

Brantley, H. H. Brooks Cole Collier Davis, W. Dean, N. Dickinson Dixon Dorminy Ezzard Floyd, J. H. Funk Hadaway

Hargrett Harrington Harrison Higginbotham Hudson Johnson Jordan, G. Kreeger Lane, W. J. Leonard Longino Miles Morris

Murphy Northcutt Pafford Parker, C. A.
Peters Rainey
Ross Shanahan
Sweat Toles Westlake Whaley Wilkerson

Those not voting were Messrs.:

Bohannon Brown, B. D. Buck Burruss Busbee Caldwell Chandler Collins, M.
Conner Crowe Dodson Edwards Evans Farmer Farrar Floyd, L. R. Gary Hale Harris, J. F. Harris, R. W.

Henderson Hill, B. L. Horton Housley Howell Keen Lee, W. J. (Bill)
Lewis Mauldin McCracken McDaniell Milford Nessmith Odom Paris Parker, H. W. Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R.

Pickard Pinkston Potts Reaves Roach Rowland
Salem Scarlett Simmons Smith, J. R. Smith, V. T. Snow Thompson, A. W. Thompson, R. Vaughn Wheeler, Bobby Wilson Mr. Speaker

On the motion, the ayes were 92, nays 45.

The motion prevailed, and HB 349, by substitute, was ordered immediately transmitted to the Senate.

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

HB 139. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pre-trial and trial pro-

1684

JOURNAL OP THE HOUSE,

cedure in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.

The following Senate amendment was read:

The Senate Judiciary Committee moves to amend House Bill 139 as follows:
By inserting in the caption after the phrase "execution upon a" and before the word "judgment" the following word:
"default",
By inserting the word "default" before the word "judgment" such that when amended Section (a) reads as follows:
"(a) Execution upon a default judgment and proceedings thereon may be taken for its enforcement as soon as it is entered.",

Mr. Collier of the 54th moved that the House agree to the Senate amendment. On the motion, the ayes were 152, nays 1.

The motion prevailed, and the Senate amendment to HB 139 was agreed to.

Leave of absence was granted to Mr. Melton of the 32nd for Friday, February 13, and Saturday, February 14, 1970, due to illness in his family.

Mr. Jones of the 59th 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.

Journal of the House of Representatives 1970 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.